Common heritage of mankind and the deep seabed area beyond national jurisdiction: past, current, and future prospects

Egede, Edwin ORCID: https://orcid.org/0000-0001-7889-8840 and Charles, Eden 2021. Common heritage of mankind and the deep seabed area beyond national jurisdiction: past, current, and future prospects. Marine Technology Society Journal 55 (6) , pp. 40-52. 10.4031/MTSJ.55.6.10

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Abstract

The common heritage of mankind (CHM) is of a relatively recent origin. This study examines Arvid Pardo's speech to the United Nations General Assembly in 1967, in which he urged that body to designate the seabed beyond national control as CHM. The commentary next looks at Part XI of the United Nations Convention on the Law of the Sea 82, as amended by the 1994 Agreement, which incorporates the CHM as a core principle governing mineral mining in the deep bottom area beyond national jurisdiction. Finally, it discusses CHM's future prospects in relation to the draft International Seabed Authority (ISA) Exploitation Regulations, the Enterprise, an ISA organ that has yet to be operationalized, and ongoing discussions about an international legally binding instrument on the conservation and sustainable use of marine biological diversity under the UNCLOS. The purpose of this study is to highlight the complexity surrounding the CHM, which is a key principle governing deep seabed activities.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Department of Politics and International Relations (POLIR)
Publisher:	Marine Technology Society
ISSN:	0025-3324
Date of First Compliant Deposit:	17 February 2022
Date of Acceptance:	17 November 2021
Last Modified:	06 Nov 2023 13:19
URI:	https://orca.cardiff.ac.uk/id/eprint/146057

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