The Concept of the Common Heritage of Mankind in International Law
The Concept of the Common Heritage of Mankind in International Law

Author: Kemal Baslar

Publisher: BRILL

Published: 2024-02-06

Total Pages: 460

ISBN-13: 900463522X

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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.

Global Commons and the Law of the Sea
Global Commons and the Law of the Sea

Author: Keyuan Zou

Publisher: BRILL

Published: 2018-08-13

Total Pages: 373

ISBN-13: 9004373330

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'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing 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.

Unifying Geography
Unifying Geography

Author: David T. Herbert

Publisher: Routledge

Published: 2004-08-05

Total Pages: 424

ISBN-13: 113440512X

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It can be argued that the differences in content and approach between physical and human geography, and also within its sub-disciplines, are often overemphasised. The result is that geography is often seen as a diverse and dynamic subject, but also as a disorganised and fragmenting one, without a focus. Unifying Geography focuses on the plural and competing versions of unity that characterise the discipline, which give it cohesion and differentiate it from related fields of knowledge. Each of the chapters is co-authored by both a leading physical and a human geographer. Themes identified include those of the traditional core as well as new and developing topics that are based on subject matter, concepts, methodology, theory, techniques and applications. Through its identification of unifying themes, the book will provide students with a meaningful framework through which to understand the nature of the geographical discipline. Unifying Geography will give the discipline renewed strength and direction, thus improving its status both within and outside geography.

Between Cultural Diversity and Common Heritage
Between Cultural Diversity and Common Heritage

Author: Silvio Ferrari

Publisher: Routledge

Published: 2016-04-15

Total Pages: 361

ISBN-13: 1317175034

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Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.

A Common Heritage
A Common Heritage

Author: E. Jennifer Monaghan

Publisher: Hamden, Conn. : Archon Books

Published: 1983

Total Pages: 306

ISBN-13:

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From the Introduction: "This sets Webster's spelling book in an altogether different light. It was just a book that taught children how to spell (although of course it did that as well); it was the book that taught them to read. Although they may well have seen a primer at home, the speller was the first school text to instruct them in the art of reading. So the Webster spelling book, in its various forms, is of more importance to the history of American education than has formerly been appreciated. It deserves to be examined as the most popular reading instructional text of its day. A second purpose of this book, then, is to examine the spelling book on its own terms and in its own context. For Webster, of course, did not write his textbook in a vacuum. He had, it turns out, a useful model: a spelling book written by an Englishman, Thomas Dilworth, who titled his work A New Guide to the English Tongue. (Benjamin Franklin had been the first to produce an American edition, publishing it in 1747.) Webster himself learned to read from "Dilworth," as the work was affectionately known, and he would appropriate Dilworth's book for his own work."--page 14.

Cries of the Sea
Cries of the Sea

Author: Peter Bautista Payoyo

Publisher: BRILL

Published: 2021-09-27

Total Pages: 567

ISBN-13: 9004481745

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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.

Values in Heritage Management
Values in Heritage Management

Author: Erica Avrami

Publisher: Getty Publications

Published: 2019-12-03

Total Pages: 259

ISBN-13: 1606066188

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Bringing together leading conservation scholars and professionals from around the world, this volume offers a timely look at values-based approaches to heritage management. Over the last fifty years, conservation professionals have confronted increasingly complex political, economic, and cultural dynamics. This volume, with contributions by leading international practitioners and scholars, reviews how values-based methods have come to influence conservation, takes stock of emerging approaches to values in heritage practice and policy, identifies common challenges and related spheres of knowledge, and proposes specific areas in which the development of new approaches and future research may help advance the field.

Globalization and Common Responsibilities of States
Globalization and Common Responsibilities of States

Author: Koen De Feyter

Publisher: Routledge

Published: 2017-05-15

Total Pages: 578

ISBN-13: 1351933132

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There is a growing awareness that international law insufficiently protects common global interests and that States and non-State actors need to work together to protect global aims. The focus of this book is on the different fields of international law where there is a need for global cooperation to achieve common aims, for example: the law of the sea; protection of world cultural heritage; sustainable development, biological diversity and climate change; human rights; and international crimes. The volume also identifies the legal developments which have taken place, for example treaties which use the language of ’common heritage of mankind’ or ’common concern of humanity’, thereby identifying global concerns and reflecting a global set of values and interests independent of the interests of States.

Essential Concepts of Global Environmental Governance
Essential Concepts of Global Environmental Governance

Author: Jean-Frederic Morin

Publisher: Routledge

Published: 2014-07-11

Total Pages: 269

ISBN-13: 1136777040

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Aligning global governance to the challenges of sustainability is one of the most urgent environmental issues to be addressed. This book is a timely and up-to-date compilation of the main pieces of the global environmental governance puzzle. The book is comprised of 101 entries, each defining a central concept in global environmental governance, presenting its historical evolution, introducing related debates and including key bibliographical references and further reading. The entries combine analytical rigour with empirical description. The book: offers cutting edge analysis of the state of global environmental governance, raises an up-to-date debate on global governance for sustainable development, gives an in-depth exploration of current international architecture of global environmental governance, examines the interaction between environmental politics and other fields of governance such as trade, development and security, elaborates a critical review of the recent literature in global environmental governance. This unique work synthesizes writing from an internationally diverse range of well-known experts in the field of global environmental governance. Innovative thinking and high-profile expertise come together to create a volume that is accessible to students, scholars and practitioners alike.