The common heritage of humankind in the 21st century

Abstract

The common heritage of humankind is a revolutionary concept in international law, advocating a system of global governance which had never been considered by the international community; one which challenges traditional international law concepts of res nullius, res communis and State sovereignty. The principle of common heritage is applicable to the deep seabed and the cosmos, and has been proposed with respect to other areas, such as the poles, the internet and the human genome. This work focuses on the application of the common heritage regime in the maritime law concept, limiting itself to a brief overview of the possibility of its application to other areas due to word count restrictions. The present day realities of international law and the challenges posed by the current state of waters beyond national jurisdiction have led to the proposal for the concept to be extended beyond the deep seabed. Mired in ambiguity and surrounded by controversy since its inception however, and with a steady increase in technological capability in recent decades, the concept risks becoming outdated and impractical as States push for privatization of the international commons. The concept must therefore evolve and adapt to survive, or risk becoming a relic of international law. The deteriorating health of the oceans and their resources and the increased access in both the Arctic and Antarctic regions, coupled with the inadequate laws governing these areas, facilitate the need for a new legal regime for their successful and sustainable regulation. This work therefore attempts to provide solutions to not only preserve the legal status of the common heritage principle in international law, but also for its extension to other areas of international commons.