The Cyberspace and the Common Heritage of Mankind

2021 ◽  
pp. 191-210
Author(s):  
Antonio Segura Serrano
Keyword(s):  
Legal Framework ◽  
The Internet ◽  
Internet Governance ◽  
Legal Basis ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
Legal Implications ◽  
The Common ◽  
Legal Frameworks ◽  
Multi Stakeholder

This chapter analyses whether and on which legal basis the Internet can be considered as part of the common heritage of mankind and, from this perspective, what legal implications would ensue therefrom in relation to the governance of the Internet. Even if cyberspace is not a perfect commons, Internet governance through the contours of the common heritage of mankind concept is an innovative proposal that may be successfully added to the discussion, since the features of this notion seem to create a better legal framework for Internet governance than the present multi-stakeholder approach. This proposal provides one of the best legal frameworks available in international law to achieve the common management of global critical resources for the benefit of all.

Deep Sea Anarchy: Mining at the Frontiers of International Law

2015 ◽  
Vol 30 (3) ◽  
pp. 445-476 ◽  
Author(s):  
Jan-Stefan Fritz
Keyword(s):  
International Law ◽  
Deep Sea ◽  
Legal Framework ◽  
The Past ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The Common ◽  
First Time ◽  
Made In

For the first time, new sources of minerals are likely to be exploited in the deep seas in an area beyond national jurisdiction. Deep-sea mining encompasses the potential for cooperation and/or competition between the most technologically and economically advanced States and those aspiring to join this group. The community of States recognized this potential early on and signed new treaties, established new international institutions, and promised new levels of cooperation. Most importantly, they also set a standard according to which the exploration for and exploitation of these new resources are to be governed, namely in the context of the Common Heritage of Mankind. This article assesses what progress has been made in the past forty years on defining and implementing the Common Heritage of Mankind as a normative and legal framework for governing the exploration for and exploitation of marine minerals in the deep seas.

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.

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.

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