Legal Definitions - common heritage of mankind

The concept of the common heritage of mankind refers to certain areas or resources on Earth and in the cosmos that are considered to belong collectively to all people, rather than to any single nation or individual. The fundamental principle is that these areas and their resources should be managed and preserved for the benefit of present and future generations of humanity, ensuring equitable access and preventing exploitation by a few.

• Example 1: Antarctica

  Imagine the continent of Antarctica, a vast landmass covered in ice. No single country owns Antarctica. Instead, international agreements like the Antarctic Treaty System designate it as a continent dedicated to peaceful scientific research and environmental protection. Military activities are prohibited, and resource extraction is largely restricted, with decisions made through international cooperation.

  This illustrates the common heritage of mankind because Antarctica is treated as a global commons, managed by consensus for scientific advancement and environmental preservation that benefits all humanity, rather than being subject to the exclusive sovereignty of any one nation.

• Example 2: Deep-Sea Genetic Resources

  Consider the unique microorganisms discovered in hydrothermal vents on the deep ocean floor, thousands of meters below the surface and far beyond any country's national waters. These organisms thrive in extreme conditions and may possess novel genetic properties useful for developing new medicines, industrial enzymes, or biotechnologies.

  These genetic resources are considered part of the common heritage of mankind. This means that any benefits derived from their discovery and commercialization should not exclusively belong to the entity that found them. Instead, there's an expectation that the benefits, whether scientific or economic, should be shared equitably among all nations, reflecting that the deep seabed and its resources are a shared global asset.

• Example 3: Geostationary Orbit

  Think about the geostationary orbit, a specific altitude above the Earth's equator where satellites can remain in a fixed position relative to the ground. This orbit is crucial for communication, weather monitoring, and broadcasting satellites. However, there are a limited number of "slots" available in this orbit.

  The geostationary orbit is considered a limited natural resource that falls under the common heritage principle. While countries can claim specific slots for their satellites, the overall management and allocation of these slots are governed by international bodies to ensure fair access and prevent any single nation from monopolizing this vital space, thereby benefiting all countries that rely on satellite technology.