The Concept of the Common Heritage of Mankind in International Law

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Publisher : BRILL
ISBN 13 : 900463522X
Total Pages : 460 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Concept of the Common Heritage of Mankind in International Law by : Kemal Baslar

Download or read book The Concept of the Common Heritage of Mankind in International Law written by Kemal Baslar and published by BRILL. This book was released on 2024-02-06 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.

The Concept of the Common Heritage of Mankind in International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105059
Total Pages : 468 pages
Book Rating : 4.1/5 (5 download)

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Book Synopsis The Concept of the Common Heritage of Mankind in International Law by : Kemal Baslar

Download or read book The Concept of the Common Heritage of Mankind in International Law written by Kemal Baslar and published by Martinus Nijhoff Publishers. This book was released on 1998 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.

The Concept of the Common Heritage of Mankind

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Author :
Publisher : Progress Publishers
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Concept of the Common Heritage of Mankind by : Vladimir Mikhaĭlovich Postyshev

Download or read book The Concept of the Common Heritage of Mankind written by Vladimir Mikhaĭlovich Postyshev and published by Progress Publishers. This book was released on 1990 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principle of Common Heritage of Mankind in the New Law of the Sea: An African Perspective Based on Nasila S. Rembe’s Work

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Publisher : GRIN Verlag
ISBN 13 : 3638694259
Total Pages : 80 pages
Book Rating : 4.6/5 (386 download)

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Book Synopsis The Principle of Common Heritage of Mankind in the New Law of the Sea: An African Perspective Based on Nasila S. Rembe’s Work by : Timo Knaebe

Download or read book The Principle of Common Heritage of Mankind in the New Law of the Sea: An African Perspective Based on Nasila S. Rembe’s Work written by Timo Knaebe and published by GRIN Verlag. This book was released on 2007-08 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: B+, University of Dar es Salaam (Faculty of Law), course: Law of the Sea, 66 entries in the bibliography, language: English, abstract: Hailed as a milestone in the development of international relations and sparked by the remarks of the Ambassador of Malta - Arvid Pardo - at the United Nations General Assembly, besides the 1982 United Nations Convention on the Law of the Sea, the principle of Common Heritage of Mankind found entry in numerous international treaties. Changing the conception of the Freedom of the High Seas as brought about some 400 years ago by Dutch Lawyer Hugo Grotius and 'ruling the world' ever since, this paper analyzes the legal significance of the principle from an African perspective. Based on the notions brought forward by the Group of 77, of which the African contribution to the Third United Nations Conference on the Law of the Sea was part, Nasila S. Rembe formulated the following African demands for the translation of the concept of Common Heritage of Mankind into the envisaged New Law of the Sea. These are namely: the usage of the seabed for exclusively peaceful purposes, ensuring the rational exploitation of the resources, and the minimization of likely adverse economic effects. Following the historical developments between the 1958 Geneva Conventions and the aftermath of the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea, adopted as United Nations General Assembly Resolution 48/263, the paper examines the legal character of the principle of Common Heritage of Mankind in different stages and to which extend the African demands were met. The significant changes mainly to Part XI of the 1982 United Nations Convention on the Law of the Sea brought about by the 1994 Agreement Relating to the Implementation of Part XI of the 1982 United N

Africa and the Deep Seabed Regime: Politics and International Law of the Common Heritage of Mankind

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Publisher : Springer Science & Business Media
ISBN 13 : 3642176623
Total Pages : 271 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Africa and the Deep Seabed Regime: Politics and International Law of the Common Heritage of Mankind by : Edwin Egede

Download or read book Africa and the Deep Seabed Regime: Politics and International Law of the Common Heritage of Mankind written by Edwin Egede and published by Springer Science & Business Media. This book was released on 2011-03-22 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.

Cries of the Sea

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Publisher : BRILL
ISBN 13 : 9004481745
Total Pages : 567 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Cries of the Sea by : Peter Bautista Payoyo

Download or read book Cries of the Sea written by Peter Bautista Payoyo and published by BRILL. This book was released on 2021-09-27 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources `the common heritage of mankind'. The author suggests that the terms `common', `heritage', and `humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of `the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.

The Application of the Concept of "common Heritage of Humankind" to the Protection of the Global Environment

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Author :
Publisher : National Library of Canada = Bibliothèque nationale du Canada
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The Application of the Concept of "common Heritage of Humankind" to the Protection of the Global Environment by : Georg Matthias Berrisch

Download or read book The Application of the Concept of "common Heritage of Humankind" to the Protection of the Global Environment written by Georg Matthias Berrisch and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 1990 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The legal principle of the common heritage of mankind and deep sea-bed mining outside the U.N. Convention on the Law of the Sea

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Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The legal principle of the common heritage of mankind and deep sea-bed mining outside the U.N. Convention on the Law of the Sea by : Karl Steinacker

Download or read book The legal principle of the common heritage of mankind and deep sea-bed mining outside the U.N. Convention on the Law of the Sea written by Karl Steinacker and published by . This book was released on 1985 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Commons and the Law of the Sea

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Publisher : BRILL
ISBN 13 : 9004373330
Total Pages : 373 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Global Commons and the Law of the Sea by : Keyuan Zou

Download or read book Global Commons and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2018-08-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Commons and the Law of the Sea respectively addresses the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.

Das Prinzip des Common Heritage of Mankind als Ausdruck des Staatengemeinschaftsinteresses im Völkerrecht

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Publisher :
ISBN 13 :
Total Pages : 290 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Das Prinzip des Common Heritage of Mankind als Ausdruck des Staatengemeinschaftsinteresses im Völkerrecht by : Werner Stocker

Download or read book Das Prinzip des Common Heritage of Mankind als Ausdruck des Staatengemeinschaftsinteresses im Völkerrecht written by Werner Stocker and published by . This book was released on 1993 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Common Heritage of Mankind

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Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Common Heritage of Mankind by : Lihai Zhao

Download or read book The Common Heritage of Mankind written by Lihai Zhao and published by . This book was released on 1990 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Protection of General Interests in Contemporary International Law

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Publisher : Oxford University Press
ISBN 13 : 0192661701
Total Pages : 464 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Protection of General Interests in Contemporary International Law by : Massimo Iovane

Download or read book The Protection of General Interests in Contemporary International Law written by Massimo Iovane and published by Oxford University Press. This book was released on 2021-08-04 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses three key concepts, global public goods, global commons, and fundamental values, as tools geared towards the protection of the general interests of the international community. After providing an overview of these concepts, the book examines how international law has responded to them in a wide range of fields, and investigates how global governance has improved, or worsened, this response. Contributions from a group of experts explore the legal foundations of general interests, and discuss which interests have or have not been deemed to deserve the protection of international law. Other chapters focus on whether, and to what extent, it is appropriate that international law intervenes to regulate such interests, considering the interplay between multiple actors including states, international and regional organisations, and non-state actors. The book explores how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what significant challenges still need to be addressed.

The Law of the Sea

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Publisher :
ISBN 13 :
Total Pages : 486 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Law of the Sea by : United Nations. Division for Ocean Affairs and the Law of the Sea

Download or read book The Law of the Sea written by United Nations. Division for Ocean Affairs and the Law of the Sea and published by . This book was released on 1996 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislative history of Articles 133 to 150 and 311(6) of the United Nations Convention on the Law of the Sea.

Common Security in Outer Space and International Law

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Publisher : UN
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Common Security in Outer Space and International Law by : Detlev Wolter (jurist.)

Download or read book Common Security in Outer Space and International Law written by Detlev Wolter (jurist.) and published by UN. This book was released on 2006 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication explores the concept of common security and the legal foundations for its application in outer space law, based on the premise that outer space is an internationalised common area beyond the national jurisdiction of individual states, and therefore security in space must be the common security of all states. Chapters cover a range of issues including: the principle of the peaceful use of outer space, passive military uses, and multilateral negotiations to prevent an arms race in outer space; structural change of international law and the common heritage of mankind principle; and proposals for a multilateral agreement and the creation of an International Organisation for Common Security in Outer Space.

Common Heritage of Mankind

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Publisher : Lulu.com
ISBN 13 : 9781291577259
Total Pages : 132 pages
Book Rating : 4.5/5 (772 download)

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Book Synopsis Common Heritage of Mankind by : Prue Taylor

Download or read book Common Heritage of Mankind written by Prue Taylor and published by Lulu.com. This book was released on 2013-12 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars interested in the history and significance of the idea of declaring the seabed (beyond national jurisdiction) an international Common Heritage, will find this book an essential reference source. This proposal was made by Malta's Ambassador to the United Nations, Dr Arvid Pardo, in a seminal speech to the UN General Assembly in 1967. Principally aimed at the promotion of world peace, his proposal launched the UN on a long and massive negotiating conference that culminated in the adoption of the landmark 1982 Convention on the Law of the Sea.On that long, hard trail Arvid Pardo was vigorously accompanied by Mme Elisabeth Mann Borgese and further helped and encouraged by innumerable scholars, lawyers, scientists, engineers and statesmen. The eminent theologian Father Peter Serracino Inglott, to whom this book is dedicated, made significant contributions to the ethical fundaments of the Common Heritage. The efforts of all were arduous and triumphant.

International Law and the Genetic Resources of the Deep Sea

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004155007
Total Pages : 320 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Law and the Genetic Resources of the Deep Sea by : David Kenneth Leary

Download or read book International Law and the Genetic Resources of the Deep Sea written by David Kenneth Leary and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.

International Law

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Publisher : Cambridge University Press
ISBN 13 : 9781139438643
Total Pages : 1452 pages
Book Rating : 4.4/5 (386 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2003-09-25 with total page 1452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.