Chapter 9. Implementation of the Common Heritage of Mankind

Abstract

This chapter focuses on the implementation of the common heritage principle in relation to the mineral resources of the deep seabed. It begins with a brief review of what is meant by the common heritage principle in the context of United Nations Convention on the Law of the Sea (UNCLOS). The chapter examines how successful, or not, the international community has been in implementing the common heritage principle through the mechanism of the International Seabed Authority and what steps may be necessary to improve implementation. It provides some general comments relating to the possible future development of the common heritage principle. The nature and extent of the common heritage principle has once again become a subject for discussion in the context of the management of marine biodiversity, and specifically marine genetic resources, in areas beyond national jurisdiction. Keywords:heritage principle; international community; International Seabed Authority; marine biodiversity; national jurisdiction; UNCLOS