The Common Heritage Of Mankind
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The Concept of the Common Heritage of Mankind in International Law
Author | : Kemal Baslar |
Publsiher | : BRILL |
Total Pages | : 460 |
Release | : 2024-02-06 |
Genre | : Law |
ISBN | : 9789004635227 |
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The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
The Concept of the Common Heritage of Mankind in International Law
Author | : Kemal Baslar |
Publsiher | : Martinus Nijhoff Publishers |
Total Pages | : 468 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9041105050 |
Download The Concept of the Common Heritage of Mankind in International Law Book in PDF, Epub and Kindle
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Global Commons and the Law of the Sea
Author | : Keyuan Zou |
Publsiher | : BRILL |
Total Pages | : 373 |
Release | : 2018-08-23 |
Genre | : Law |
ISBN | : 9789004373334 |
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Global Commons and the Law of the Sea respectively addresses the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Africa and the Deep Seabed Regime Politics and International Law of the Common Heritage of Mankind
Author | : Edwin Egede |
Publsiher | : Springer Science & Business Media |
Total Pages | : 301 |
Release | : 2011-03-22 |
Genre | : Law |
ISBN | : 9783642176623 |
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This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.
Cries of the Sea
Author | : Peter Bautista Payoyo |
Publsiher | : BRILL |
Total Pages | : 567 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9789004481749 |
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A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources `the common heritage of mankind'. The author suggests that the terms `common', `heritage', and `humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of `the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.
International Law for Humankind
Author | : Antônio Augusto Cançado Trindade |
Publsiher | : Martinus Nijhoff Publishers |
Total Pages | : 753 |
Release | : 2013-06-17 |
Genre | : Law |
ISBN | : 9789004255074 |
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This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
The Concept of the Common Heritage of Mankind
Author | : Vladimir Mikhaĭlovich Postyshev |
Publsiher | : Progress Publishers |
Total Pages | : 296 |
Release | : 1990 |
Genre | : Political Science |
ISBN | : UVA:35007000259360 |
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Cross border Water Trade Legal and Interdisciplinary Perspectives
Author | : Piotr Szwedo |
Publsiher | : BRILL |
Total Pages | : 402 |
Release | : 2018-11-13 |
Genre | : Law |
ISBN | : 9789004382893 |
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Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.