The Tragedy of the Common Heritage of Mankind
In: Stanford Environmental Law Journal, Jg. 28 (2009-02-01), S. 109
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Zugriff:
I. Introduction Territorial sovereignty has in large part defined both international relations and international law since the 1648 Treaty of Westphalia. 1 The primary exception to this principle is the international commons. In these areas, which include the deep international seabed, the Arctic, Antarctica, and outer space, concerns over free passage outweighed the great Western powers' territorial ambitions and Grotius's mare liberum triumphed. 2 As a result, these regions were gradually regulated to a greater or lesser extent by the Common Heritage of Mankind (CHM) principle, in which theoretically all of humanity became the sovereign over the international commons. 3 Yet there remains no commonly agreed-to definition of the CHM amongst legal scholars or policymakers. Developing and developed nations disagree over the extent of international regulation required to equitably manage commons resources. These disagreements have played out in the diverse legal regimes of the Antarctic, deep seabed, Arctic, and outer space, each with its own version of the CHM principle. Although no universal definition exists, most conceptions of the CHM share five primary points. First, there can be no private or public appropriation of the commons. 4 Second, representatives from all nations must manage resources since a commons area is considered to belong to everyone. Third, all nations must actively share in the benefits acquired from exploitation of the resources from the common heritage region. 5 Fourth, there can be no weaponry or military installations established in commons areas. Fifth, the commons should ...
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The Tragedy of the Common Heritage of Mankind
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Autor/in / Beteiligte Person: | Shackelford, Scott J. |
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Zeitschrift: | Stanford Environmental Law Journal, Jg. 28 (2009-02-01), S. 109 |
Veröffentlichung: | 2009 |
Medientyp: | academicJournal |
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