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The Concept Of The Common Heritage Of Mankind
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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.
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.
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.
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.
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.
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:
Book Synopsis Legal Order in the World's Oceans by : Myron H. Nordquist
Download or read book Legal Order in the World's Oceans written by Myron H. Nordquist and published by Center for Oceans Law and Poli. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Order in the World's Oceans: UN Convention on the Law of the Seaassesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy's 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world's oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation--Maritime Compliance and Enforcement.
Book Synopsis The Prospects of Common Concern of Humankind in International Law by : Thomas Cottier
Download or read book The Prospects of Common Concern of Humankind in International Law written by Thomas Cottier and published by Cambridge University Press. This book was released on 2021-05-13 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.
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 2006-08-10 with total page 77 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, 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 Nations Convention on the Law of the Sea — which however let to the universal international accession to the New Law of the Sea — are seen as disadvantageous to the African aspirations for a new international economic order. Concluding, this work contents that today’s New Law of the Sea has rendered the Principle of Common Heritage of Mankind to an empty term by — albeit its prominent position — eliminating any binding effect on the states, thus severing itself from the idea of an international utility and returning to the “Old” Law of the Sea.
Book Synopsis The Routledge History of Human Rights by : Jean Quataert
Download or read book The Routledge History of Human Rights written by Jean Quataert and published by Routledge. This book was released on 2019-09-05 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge History of Human Rights is an interdisciplinary collection that provides historical and global perspectives on a range of human rights themes of the past 150 years. The volume is made up of 34 original contributions. It opens with the emergence of a "new internationalism" in the mid-nineteenth century, examines the interwar, League of Nations, and the United Nations eras of human rights and decolonization, and ends with the serious challenges for rights norms, laws, institutions, and multilateral cooperation in the national security world after 9/11. These essays provide a big picture of the strategic, political, and changing nature of human rights work in the past and into the present day, and reveal the contingent nature of historical developments. Highlighting local, national, and non-Western voices and struggles, the volume contributes to overcoming Eurocentric biases that burden human rights histories and studies of international law. It analyzes regions and organizations that are often overlooked. The volume thus offers readers a new and broader perspective on the subject. International in coverage and containing cutting-edge interpretations, the volume provides an overview of major themes and suggestions for future research. This is the perfect book for those interested in social justice, grass roots activism, and international politics and society.
Book Synopsis Law and Development by : Piotr Szwedo
Download or read book Law and Development written by Piotr Szwedo and published by Springer Nature. This book was released on 2019-09-14 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.
Book Synopsis An Ecological Approach to International Law by : Prue Taylor
Download or read book An Ecological Approach to International Law written by Prue Taylor and published by Routledge. This book was released on 2008-01-28 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Ecological Approach to International Law shows that international environmental law is fundamentally flawed and not equipped to meet global challenges. The book examines international legal responses to global climate change by analysing key concepts such as the doctrine of state sovereignty, the law on state responsibility, environmental rights and common heritage of mankind.
Book Synopsis The Oceanic Circle by : Elisabeth Mann Borgese
Download or read book The Oceanic Circle written by Elisabeth Mann Borgese and published by . This book was released on 1998 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the governance of the world's oceans and the changes that will be needed to solve urgent environmental problems such as over-fishing and pollution.
Book Synopsis Monetary Stability as a Common Concern in International Law by : Lucía Satragno
Download or read book Monetary Stability as a Common Concern in International Law written by Lucía Satragno and published by BRILL. This book was released on 2022-02-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
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.
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
Author :Georg Matthias Berrisch Publisher :National Library of Canada = Bibliothèque nationale du Canada ISBN 13 : Total Pages :360 pages Book Rating :4.:/5 (318 download)
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:
