High Sea Freedoms Walking the Plank

Abstract

Abstract This article examines whether and to what extent the concept of the common heritage of humankind (CHH) can be used to remedy the weaknesses of the high seas fisheries regime. Following a brief review of the circumstances in which the CHH emerged, the notion, legal status, and normative content of the concept are examined. Whether the CHH concept has been integrated into other international instruments, thus qualifying it as a general principle of law, is analysed. Subsequently, the high seas fisheries regime is examined closely to identify any existing gaps. The article then turns to the question of the applicability of the CHH as a limitation of the freedom of fishing and draw comparisons between Parts VII and XI of the United Nations Convention on the Law of the Sea, delineating the potential ramifications of such an application. The assessment submitted is based on a perspective sub specie legis ferendae.