scholarly journals Common Heritage of Mankind and the Deep Seabed Area Beyond National Jurisdiction: Past, Current, and Future Prospects

2021 ◽  
Vol 55 (6) ◽  
pp. 40-52
Author(s):  
Edwin Egede ◽  
Eden Charles
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Future Prospects ◽  
Common Heritage ◽  
United Nations General ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The United Nations ◽  
International Seabed Authority

Abstract The common heritage of mankind (CHM) is of a relatively recent origin. This study examines Arvid Pardo's speech to the United Nations General Assembly in 1967, in which he urged that body to designate the seabed beyond national control as CHM. The commentary next looks at Part XI of the United Nations Convention on the Law of the Sea 82, as amended by the 1994 Agreement, which incorporates the CHM as a core principle governing mineral mining in the deep bottom area beyond national jurisdiction. Finally, it discusses CHM's future prospects in relation to the draft International Seabed Authority (ISA) Exploitation Regulations, the Enterprise, an ISA organ that has yet to be operationalized, and ongoing discussions about an international legally binding instrument on the conservation and sustainable use of marine biological diversity under the UNCLOS. The purpose of this study is to highlight the complexity surrounding the CHM, which is a key principle governing deep seabed activities.

scholarly journals Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

2021 ◽  
Vol 8 ◽  
Author(s):  
Alex D. Rogers ◽  
Amy Baco ◽  
Elva Escobar-Briones ◽  
Kristina Gjerde ◽  
Judith Gobin ◽  
...  
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Science And Technology ◽  
Sustainable Use ◽  
Scientific Research ◽  
Benefit Sharing ◽  
National Jurisdiction ◽  
The United Nations

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

scholarly journals Maritime Biodiversity of Areas Beyond National Jurisdiction (BBNJ) from the French Perspective

2021 ◽  
Vol 50 ◽  
pp. 1-11
Author(s):  
Joanna Siekiera ◽  
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
The United States ◽  
The Pacific ◽  
National Jurisdiction ◽  
The Indian Ocean ◽  
The United Nations ◽  
The Republic ◽  
Economic Zones

Sustainable use of marine biological diversity of areas beyond national jurisdiction under the United Nations Convention on the Law of the Sea became a key topic for the negotiations since the 2012 United Nations Conference on Sustainable Development in Rio de Janeiro. Ocean change is now the most significant threat facing humanity, especially those living in coastal areas. The possible and already observed loss of territory, and thus sovereignty of the submerged states, is not the only legal consequence of ocean change happening now, in the 21st century. Another factor is the downsizing of Exclusive Economic Zones, which implies political tensions between the neighboring countries, both sovereign and dependent territories of the former colonial powers. France is present in the Indian Ocean and the Pacific Ocean via its overseas collectivities. Thus, instead of being at the 45th position in the world’s ranking of the ocean powers, the Republic of France comes in the second position, straight after the United States of America. This high and indeed precious position, both geostrategically and economically, affects its views toward the United Nations negotiations process on biological diversity beyond national jurisdiction.

The System for Exploitation of the “Common Heritage of Mankind” at the Caracas Conference

1975 ◽  
Vol 69 (1) ◽  
pp. 31-49 ◽  
Author(s):  
A. O. Adede
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Exploration And Exploitation ◽  
Common Heritage ◽  
United Nations General ◽  
Common Heritage Of Mankind ◽  
Sea Bed ◽  
National Jurisdiction ◽  
United Nations General Assembly ◽  
The Common

The purpose of this article is to examine the work of the First Main Committee of the Third United Nations Conference on the Law of the Sea at Caracas, with particular attention to the question of the system of exploration and exploitation of the seabed beyond the limits of national jurisdiction. This is the area which the United Nations General Assembly in 1970 had characterized as constituting, together with its natural resources, the “common heritage of mankind” in the Declaration of Principles Governing the Sea-bed and the Ocean Floor, and the Subsoil Thereof, Beyond the Limits of National Jurisdiction.

NEGOTIATING CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION: PROSPECTS AND CHALLENGES

2015 ◽  
Vol 24 (1) ◽  
pp. 61-93
Author(s):  
Tullio Scovazzi
Keyword(s):  
United Nations ◽  
Genetic Resources ◽  
Protected Areas ◽  
Marine Protected Areas ◽  
Biological Diversity ◽  
Sustainable Use ◽  
The European Union ◽  
Marine Biological ◽  
National Jurisdiction ◽  
The United Nations

Negotiations will start at the United Nations in order to draft an agreement on conservation and sustainable use of marine biological diversity beyond national jurisdiction. It will address, together and as a whole, marine genetic resources, including questions on the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity building and transfer of marine technology. The new agreement would fill certain gaps currently existing in the United Nations Convention on the Law of the Sea. It could include provisions for strategic impact assessment of activities affecting the environment, the creation of a network of high seas marine protected areas of world importance and the establishment of a new regime for the exploitation of genetic resources. The question is open whether such a new regime should be based on the principle of the freedom of the seas, and in this case the very need of such a regime becomes questionable, or rather on the principle of common heritage of mankind. A third possibility involves a pragmatic approach, as proposed by the European Union and its Member States, an approach that however is still to be defined in its concrete elements.

The United Nations and Antarctica

Polar Record ◽  
1984 ◽  
Vol 22 (137) ◽  
pp. 137-144 ◽  
Author(s):  
Peter J. Beck
Keyword(s):  
United Nations ◽  
Developing Nations ◽  
General Assembly ◽  
United Nations General ◽  
System A ◽  
Common Heritage Of Mankind ◽  
Antarctic Treaty ◽  
United Nations General Assembly ◽  
The Common ◽  
The United Nations

AbstractThe United Nations as a body has hitherto shown little interest or involvement in Antarctica. A recently developed campaign, led by several of the developing nations, now aims to involve the international community more closely in the management of the continent and its resources. Argument that Antarctica should be regarded as part of the common heritage of mankind finds little support among Antarctic Treaty nations, who favour continuing management under the treaty system. A nine-hour discussion in the First Committee of the United Nations General Assembly during November 1983 resulted in a resolution on ‘the question of Antarctica’ which the General Assembly adopted unanimously on 15 December; the Secretary-General has been asked to report on ‘all aspects of Antarctica’ in time for further discussion in September 1984.

16 The United Nations: A Practitioner’s Perspective

2015 ◽  
Author(s):  
Corell Hans
Keyword(s):  
United Nations ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human Environment ◽  
Fish Stocks ◽  
National Jurisdiction ◽  
The United Nations ◽  
The Law

This chapter discusses the contributions of the United Nations to the development of the law of the sea during the period following the adoption of the United Nations Convention on the Law of the Sea (LOSC) in 1982. It covers preparing for the entry into force of the LOSC; informal consultations relating to the implementation of Part XI of the LOSC; establishing the Convention institutions after the entry into force of the LOSC; the Division for Ocean Affairs and the Law of the Sea (DOALOS); United Nations conferences on the human environment; the role of the General Assembly; the Meeting of States Parties to the LOSC; sustainable fisheries and straddling fish stocks and highly migratory fish stocks; the Oceans and Coastal Areas Network (UN-Oceans); the United Nations open-ended informal consultative process on oceans and the law of the sea; the so-called Regular Process; the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction; and piracy on the agenda of the Security Council.

scholarly journals URGENSI PENGATURAN MENGENAI EKSPLORASI DAN EKSPLOITASI PERTAMBANGAN DI AREA DASAR LAUT INTERNASIONAL (INTERNATIONAL SEA BED AREA)

2019 ◽  
Vol 8 (2) ◽  
pp. 167
Author(s):  
Ilham Putuhena
Keyword(s):  
United Nations ◽  
Title Page ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
Sea Bed ◽  
United Nations Convention ◽  
The Law ◽  
International Seabed Authority

<div class="page" title="Page 1"><div class="section"><div class="layoutArea"><div class="column"><p><span>Potensi kekayaan yang terkandung di laut Indonesia bisa dijadikan modal dasar meningkatkan kesejahteraan masyarakat. Selain potensi laut yang terdapat di dalam wilayah kedaulatannya, Indonesia juga memiliki hak untuk mengelola dan memanfaatkan kekayaan laut di Area Dasar laut internasional berdasarkan </span><span>United Nations Convention on the Law of the</span><span>Sea </span><span>1982 (UNCLOS 1982). Kegiatan di Area Dasar laut internasional dilaksanakan berdasarkan prinsip warisan bersama umat manusia (</span><span>Common Heritage of Mankind</span><span>) dan diatur oleh International Seabed Authority (ISA). Kegiatan tersebut berbentuk eksplorasi dan eksploitasi tambang mineral dan dalam melakukan kegiatan tersebut perlu keberadaan negara sponsor. Saat ini belum ada pengaturan yang mengatur mengenai pertambangan yang dilakukan Indonesia di kawasan Area dasar laut tersebut, Oleh karena itu penting untuk melihat bagaimana urgensi pengaturan Indonesia mengenai hal</span><span>tersebut.</span></p></div></div></div></div>

The Common Heritage of Mankind

2012 ◽  
Vol 27 (4) ◽  
pp. 733-742 ◽  
Author(s):  
Michael W. Lodge
Keyword(s):  
Economic Benefits ◽  
Law Of The Sea ◽  
Regulatory Regime ◽  
Legal Regime ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The Common ◽  
International Seabed Authority ◽  
Legal Meaning

Abstract One of the key features of the 1982 UN Convention on the Law of the Sea is its recognition that the seabed and its resources beyond national jurisdiction are the common heritage of mankind. Part XI of the Convention gives precise legal meaning to this term. The International Seabed Authority is responsible for implementing the common heritage principle. Since the Authority was established in 1994, a comprehensive legal regime for the Area has been established. Despite initial problems, the international machinery for the administration of this regime is functioning well. The Authority has made good progress, on the basis of the evolutionary approach set out in the 1994 Agreement, in elaborating a regulatory regime for access to the resources of the Area. Much more work remains to be done, however; in particular, if the economic benefits of the common heritage are to be realized.

A New Mandate for the Revived UN Trusteeship Council1

2021 ◽  
pp. 1-13
Author(s):  
Bharat H. Desai
Keyword(s):  
United Nations ◽  
International Law ◽  
Global Environment ◽  
Future Generations ◽  
Global Commons ◽  
The Core ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
The United Nations

Reviving the United Nations Trusteeship Council (UNTC) and the evolution of the idea of trust in the global domain underscores that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing. The TC under the UN Charter sought to continue the spirit and essence of the ‘sacred trust’ with a ‘new mandate,’ even as it now lies dormant since 1994. From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN. It will essentially serve as a guardian of the global ‘common concerns’ and ‘common heritage of mankind’ as well as the global environment. It would serve as a trustee for the present and future generations of humankind. A revived TC with a new mandate (for the environment and the global commons) could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together (in 1945) with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”

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