BOOK REVIEW THE CONCEPT OF THE COMMON HERITAGE OF MANKIND IN INTERNATIONAL LAW
In: Emory International Law Review, Jg. 13 (1999-10-01), S. 615
Online
academicJournal
The general principles of law recognized by civilized nations are key sources of international law. These principles suggest the transformation of broad, universally applicable precepts into specific international legal rules. A general principle of law entails a legal proposition that is so fundamental as to be found in virtually every legal system and thus merits inclusion in international law as well. For considerations affecting the management of global common spaces-that is, the oceans, Antarctica, outer space and the atmosphere-the doctrine of the common heritage of mankind (CHM) has emerged as a candidate for such a general principle of law. 1 Nevertheless, the fact remains that in the evolution of modern international law, few concepts, notions, or principles have stirred as much debate or controversy as the CHM. The CHM doctrine carries sweeping and radical implications that challenge the traditional notion of resource acquisition and ownership. That CHM remains far more of a legal notion than an actual universally-accepted principle of international law is due mainly to the tremendous economic, security, and political stakes at risk for states. Thus, CHM has remained vague and ill-defined as a concept in international relations, mainly because the ramifications of CHM's application in the real world have been presented more in ideological rhetoric than exposed to the realities of international political economy. In this updated version of his doctoral thesis, Kemal Baslar aims to clarify the common heritage of mankind as a legal concept, with a view toward assessing the ...
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BOOK REVIEW THE CONCEPT OF THE COMMON HERITAGE OF MANKIND IN INTERNATIONAL LAW
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Autor/in / Beteiligte Person: | Joyner, Christopher C. |
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Zeitschrift: | Emory International Law Review, Jg. 13 (1999-10-01), S. 615 |
Veröffentlichung: | 1999 |
Medientyp: | academicJournal |
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