Common Heritage of Mankind as a Limit to Exploitation of the Global Commons

2019 ◽  
Vol 30 (2) ◽  
pp. 635-663
Author(s):  
Karin Mickelson
Keyword(s):  
Global Commons ◽  
Common Heritage ◽  
Economic Exploitation ◽  
Common Heritage Of Mankind ◽  
The Commons ◽  
The Common ◽  
Environmental Limits ◽  
Over Time

Abstract This contribution to the symposium on the economic exploitation of the commons focuses on the question of whether and to what extent the principle of the common heritage of mankind (CHM) imposes environmental limits on economic exploitation of the global commons. Focusing on the need to go beyond a unidimensional assessment of the principle, it considers how CHM was originally envisaged, the form it took in the deep seabed regime, in particular, how its role in that regime has developed over time and how it has been utilized as a basis for advocacy. It concludes with an assessment of CHM’s limitations and strategic advantages.

The Common Heritage of Mankind

2019 ◽  
pp. 35-51
Author(s):  
Surabhi Ranganathan
Keyword(s):  
International Law ◽  
Mineral Resources ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
Key Issues ◽  
The Common ◽  
Economic Considerations ◽  
Over Time

In the decolonization era, one of the battles for international law was over the seabed and its mineral resources, with intensive debates about the ownership of these resources and the conditions under which they could be exploited. At its nexus was the principle of common heritage of mankind (CHM). This chapter relates the protracted legal tussle around the CHM principle. It traces how the terms of the battle changed over time and ‘annotates’ the battle by reference to a few key issues—the precise basis for developing states’ interest in seabed resources; the antinomies of the CHM principle; and the Cold War’s effect upon the negotiations. It highlights how economic considerations remained material to the negotiations; the ideological defeat for developing states; and the seabed’s role in the NIEO movement as a whole.

The Law of the Sea and Natural Resources

2018 ◽  
Author(s):  
Surabhi Ranganathan
Keyword(s):  
International Law ◽  
Mineral Resources ◽  
High Water ◽  
Law Of The Sea ◽  
Global Commons ◽  
Fine Grained ◽  
Economic Context ◽  
Common Heritage Of Mankind ◽  
The Common ◽  
Over Time

Ranganathan’s chapter observes that the construction of the oceans as a global commons has changed over time. Once asserted as an arena of freedoms, the oceans are now enclosed in large part within national and international jurisdictions. However, sovereign rights are accompanied by community obligations. The deep seabed and its mineral resources, in particular, are designated the common heritage of mankind. The chapter traces the evolution of this concept. Following a roughly chronological approach, it situates legal developments in political and economic context. Noting that the concept does not conform to a broad narrative of progress—a high-water mark reached in the 1980s was followed by a period of recession—the chapter evaluates whether the current framework offers an appropriate expression. It supplies the tools for a fine-grained analysis of the degree to which international law realizes this particular community obligation in principle and in practice.

Outer limits of the continental shelf beyond CLCS recommendations and Article 76(8) of UNCLOS: With reference to Japan’s Cabinet Order No. 302

2021 ◽  
pp. 1-19
Author(s):  
Michael Sheng-ti Gau ◽  
Si-han Zhao
Keyword(s):  
Continental Shelf ◽  
The West ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
Essential Questions ◽  
National Jurisdiction ◽  
The Common ◽  
United Nations Convention ◽  
Legal Consequences ◽  
The Unclos

Abstract In 2014 Japan’s Cabinet Order No. 302 declared the outer limits of its continental shelf beyond 200 nautical miles (OL) to the west and north of Oki-no-Tori Shima (Area 302). Oki-no-Tori Shima consists of two small, barren, and uninhabitable rocks in the West Pacific. The northern part of Area 302 is broader than what the 2012 recommendations of the Commission on the Limits of the Continental Shelf (CLCS) specify. A question arises whether Order No. 302 violates Article 76(8) of the United Nations Convention on the Law of the Sea (UNCLOS), which provides that the OL established by a coastal state ‘on the basis of’ the CLCS recommendations shall be final and binding. Another question is the role played by the CLCS in ‘assisting’ the coastal states to delimit their national jurisdiction so as to know where the Area (i.e., the Common Heritage of Mankind under UNCLOS Articles 1(1)(1) and 136) begins. The essential questions arising from Area 302 concern how well the UNCLOS mechanism can perform to safeguard the Common Heritage of Mankind through preventing encroachment thereupon by individual coastal states. This article looks at the context and explores the obligations implied by Article 76(8) for coastal states to ‘follow’ the recommendations in establishing the OL, with special reference to the northern part of Area 302. The article also examines legal consequences arising from a breach of these obligations.

scholarly journals Archetypes in Batsa Gopal Vaidya's Paintings

2021 ◽  
Vol 7 (1) ◽  
pp. 66-73
Author(s):  
Yam Prasad Sharma
Keyword(s):  
Creative Process ◽  
Collective Unconscious ◽  
Common Heritage ◽  
Cultural Roots ◽  
Common Heritage Of Mankind ◽  
Aesthetic Pleasure ◽  
The Common ◽  
The Himalaya

Batsa Gopal Vaidya's paintings integrate primordial images, symbols, and figures from myths, cultures, and rituals. These images and symbols are the archetypes that appear recurrently in his artworks. The artist shares these primordial images from his collective unconscious, the common heritage of mankind, and the storehouse of archetypes that reappear in the creative process. They suggest the pattern of experiences of our ancestors. These recurring communicable images function as an aesthetic mode of communication in society. Swastika, shaligram, tilaka, the Himalaya, rivers, various deities, and their attributes are such images and symbols that do not only provide aesthetic pleasure but also take the viewers back to their cultural roots, rituals, and myths. This article attempts to trace the archetypes in Vaidya's works and explain their significances.

Sign in / Sign up

Export Citation Format

Share Document