common heritage of mankind

Issue 5 2018-2019

The Common Heritage of Mankind in International Law: A Great Past but No Future?

by Ornella FERRAJOLO 20 December 2019

This paper addresses the Common Heritage of Mankind (CHM) with respect to marine and outer space resources, in light of relevant treaties. Possible developments concern internationally, the drafting of a special regulation on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction and, nationally, newly-adopted regulations on the commercial use of …More

Issue 5 2018-2019

Looking for “Submerged Commons”: Towards a New Era for Underwater Cultural Heritage?

by Francesca VARVELLO 21 November 2019

Even if not originally conceived of as related to cultural heritage, the common heritage of mankind (CHM) principle progressively makes its way into this field too. International norms regulating underwater cultural heritage (UCH) fit in the same evolving trend. However, they have to relate to an existing legal framework that has a completely different – …More

Issue 5 2018-2019

Marine Genetic Resources in Areas beyond National Jurisdiction: Do We Need to Regulate Them in a New Agreement?

by David LEARY 27 November 2018

This paper seeks to question the prevailing orthodoxy on the need for the ‘package deal’ on the proposed international legally-binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction to address marine genetic resources, including questions relating to access and benefit sharing. Through an examination of …More

Issue 5 2018-2019

The Concept of Commons and Marine Genetic Resources in Areas beyond National Jurisdiction

by Vito DE LUCIA 27 November 2018

This article explores some of the ways in which marine genetic resources conceptually and normatively intersect with the concept and idea of commons. Through an analysis of the terminological ambiguities and semantic slippages characterizing the usage of the concept of commons in international law, the article addresses questions relation to the idea of global commons …More

Issue 1 2015

Building upon the Developments in the Law of the Sea: The Extension of the Concept of Sustainable Development to Outer Space

by Katarzyna POGORZELSKA 5 August 2015

The current legal regime regulating activities in outer space does not provide for rules capable of handling the complex process of developing the mining industry in outer space. This article proposes extending the concept of sustainable development to the domain of outer space. The application of sustainable development to outer space can be better understood …More