The âCommon Heritage of Mankindâ Principle and the Equitable Sharing of Benefits

Frida M. Armas-Pfirter

Chapter 3 The âCommon Heritage of Mankindâ Principle and the Equitable Sharing of Benefits

In: The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

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Frida M. Armas-Pfirter

Frida M. Armas-Pfirter
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Type:: Chapter

Pages:: 85â98

DOI:: https://doi.org/10.1163/9789004507388_008

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Abstract

The âcommon heritage of mankindâ principle is beyond doubt the underlying principle for equitable sharing of the benefits of deep-sea mining. The United Nations Convention on the Law of the Sea established the International Seabed Authority (ISA) and a complex legal framework for exploitation of the mineral resources of the Area, precisely because these resources are the common heritage of mankind and cannot be freely appropriated by any State or juridical person, as all activities in the Area are to be carried out for the benefit of mankind as a whole. ISA is a matchless organization of its kind, as it has the mandate of acting on behalf of mankind as a whole. For over 25 years since it started functioning, ISA has considered the common heritage of mankind as a guiding principle, and this is reflected in its decisions. The common heritage of mankind principle implies, for example, not considering the funds to be distributed as something received by developing States for free. It represents what rightfully belongs to mankind and so the developing States must receive their share.

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The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

E-Book ISBN:: 9789004507388

Publisher:: Brill | Nijhoff

Print Publication Date:: 13 Apr 2022

Subjects
- International Law
  - International Law: General Interest
  - Law of the Sea

Front Matter

Chapters

Part 1 The Evolution of the International Seabed Authority from 1994 to Date

Part 2 Common Heritage of Mankind and Capacity Building under UNCLOS

Part 3 Dispute Settlement and Right to Redress under Part XI of UNCLOS

Part 4 Scientific Aspects of Deep-Seabed Mining

Part 5 Sponsoring States and Liability Issues

Part 6 Future Prospects

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Chapter 3 The âCommon Heritage of Mankindâ Principle and the Equitable Sharing of Benefits

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The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

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Chapter 3 The âCommon Heritage of Mankindâ Principle and the Equitable Sharing of Benefits