The Common Heritage of Mankind

Abstract

One of the key features of the 1982 UN Convention on the Law of the Sea is its recognition that the seabed and its resources beyond national jurisdiction are the common heritage of mankind. Part XI of the Convention gives precise legal meaning to this term. The International Seabed Authority is responsible for implementing the common heritage principle. Since the Authority was established in 1994, a comprehensive legal regime for the Area has been established. Despite initial problems, the international machinery for the administration of this regime is functioning well. The Authority has made good progress, on the basis of the evolutionary approach set out in the 1994 Agreement, in elaborating a regulatory regime for access to the resources of the Area. Much more work remains to be done, however; in particular, if the economic benefits of the common heritage are to be realized.

Bio-Piracy on the High Seas? Benefit Sharing from Marine Genetic Resource Exploitation in Areas beyond National Jurisdiction

“…For example, "how does one determine in which of the two regimes a microbe living in symbiosis with the local fauna falls, or perhaps a microbe found in the proximity of a thermal vent" [23]. Therefore, there are two different regimes applicable to resources, The ISA has largely succeeded in its goals to reserve the Area for peaceful purposes and to implement a system that governs the exploitation of the Area's mineral resources [32]. Success is evidenced in the universal acceptance of the ISA's authority [32].…”

“…Therefore, there are two different regimes applicable to resources, The ISA has largely succeeded in its goals to reserve the Area for peaceful purposes and to implement a system that governs the exploitation of the Area's mineral resources [32]. Success is evidenced in the universal acceptance of the ISA's authority [32]. As of 2012, the ISA has issued eleven exploration contracts, covering 770,000 square kilometers of the Area [32].…”

“…Success is evidenced in the universal acceptance of the ISA's authority [32]. As of 2012, the ISA has issued eleven exploration contracts, covering 770,000 square kilometers of the Area [32].…”

“…Mining has yet to occur in the Area and so monetary benefit sharing has not occurred [32]. However, there has been a rise in sharing of scientific research and conservation in the Area, both of which benefit the global community [32].…”

“…The ISA has fostered benefit sharing in the Area through initiatives which include: international workshops on scientific matters, technical studies on various issues, a geological model of the Clarion-Clipperton Zone and the Kaplan Project to study species range and biodiversity in the same region [32]. These in-itiatives have involved participation of scientists from developing States, which "will contribute to a much better understanding of the deep ocean environment for the benefit of future generations… [and form] the basis for the formulation of a comprehensive environmental management plan… as one of a suite of measures designed to ensure effective protection for the marine environment from harmful effects arising from deep seabed mining" [32] Many of the activities occurring in the Area, such as seabed exploration, research and technology sharing are governed by the ISA [20]. Adding governance of MGR exploration, exploitation, research and technology would not be overly burdensome given the significant overlap between the two schemes.…”