The Common Heritage Of Mankind
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The Concept Of The Common Heritage Of Mankind In International Law
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Author : Kemal Baslar
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998
The Concept Of The Common Heritage Of Mankind In International Law written by Kemal Baslar and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
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 : Vladimir Mikhaĭlovich Postyshev
language : en
Publisher: Progress Publishers
Release Date : 1990
The Concept Of The Common Heritage Of Mankind written by Vladimir Mikhaĭlovich Postyshev and has been published by Progress Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Political Science categories.
Global Commons And The Law Of The Sea
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Author : Keyuan Zou
language : en
Publisher: BRILL
Release Date : 2018-08-23
Global Commons And The Law Of The Sea written by Keyuan Zou and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
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.
Cries Of The Sea
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Author : Peter Bautista Payoyo
language : en
Publisher: BRILL
Release Date : 2021-09-27
Cries Of The Sea written by Peter Bautista Payoyo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
Africa And The Deep Seabed Regime Politics And International Law Of The Common Heritage Of Mankind
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Author : Edwin Egede
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-22
Africa And The Deep Seabed Regime Politics And International Law Of The Common Heritage Of Mankind written by Edwin Egede and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-22 with Law categories.
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.
Common Heritage Of Mankind
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Author : Prue Taylor
language : en
Publisher: Lulu.com
Release Date : 2013-12
Common Heritage Of Mankind written by Prue Taylor and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12 with Law categories.
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.
The Common Heritage Of Mankind
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Author : Lihai Zhao
language : en
Publisher:
Release Date : 1990
The Common Heritage Of Mankind written by Lihai Zhao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Ocean bottom categories.
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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Author : Timo Knaebe
language : en
Publisher: GRIN Verlag
Release Date : 2007-08
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 has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08 with categories.
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
The Prospects Of Common Concern Of Humankind In International Law
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Author : Thomas Cottier
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-13
The Prospects Of Common Concern Of Humankind In International Law written by Thomas Cottier and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Business & Economics categories.
Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.
Law And Development
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Author : Piotr Szwedo
language : en
Publisher: Springer Nature
Release Date : 2019-09-14
Law And Development written by Piotr Szwedo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-14 with Business & Economics categories.
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.