Common heritage of humanity (also termed the common heritage of mankind, common heritage of humankind or common heritage principle) is a principle of

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

that holds the defined territorial areas and elements of humanity's common heritage (cultural and natural) should be held in trust for

future generations Future generations are cohorts of hypothetical people not yet born. Future generations are contrasted with current and past generations, and evoked in order to encourage thinking about intergenerational equity. The moral patienthood of future g ...

and be protected from exploitation by individual

nation states A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may i ...

or corporations.

Origins

In tracing the origins of the common heritage principle, it is important to distinguish its history as a term from its conceptual history. The common heritage principle was developed under different names, including common "heritage", common "property", and common "patrimony" of mankind. These terms have at times described different concepts; for instance, in 1813 the "property of mankind" might mean the arts and sciences, rather than items or areas. By the early 20th century, "common heritage" and similar terms usually referred to areas and the resources in them, while other referents had become known under terms like "cultural heritage of all mankind", such as in the preamble to the 1954

Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the first international treaty that focuses exclusively on the protection of cultural property in armed conflict. It was signed at The Hague, Nethe ...

. Conceptually, the common heritage arose in response to the

Roman civil law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justin ...

principle of ''

res communis ''Res communis'' is a concept or doctrine. The expression is a Latin term derived from Roman law that preceded today's concepts of the commons and common heritage of mankind. It has relevance in international law and common law. In the 6th century ...

'', which described items or areas that anyone could access or use, but none could own. Common heritage instead described areas or items that were owned by humanity as a collective. For example, in his essay ''Toward Perpetual Peace'',

Immanuel Kant Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and ...

claimed that the expansion of hospitality with regard to "use of the right to the earth's surface which belongs to the human race in common" would "finally bring the human race ever closer to a cosmopolitan constitution". The first known use of ''Common Heritage of Mankind'' by a state representative in the United Nations, constituting state practice, was at the First UN Conference on the Law of the Sea by Prince Wan Waithayakon of

Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...

in 1958. The role of 'mankind' as a legal subject was mentioned in negotiations for the outer space treaties, and mentions of 'mankind' appear across the space treaties. 'Mankind' as a subject in international law also appears in the Preamble of the

United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...

, the Preamble of the

North Atlantic Treaty The North Atlantic Treaty, also referred to as the Washington Treaty, is the treaty that forms the legal basis of, and is implemented by, the North Atlantic Treaty Organization (NATO). The treaty was signed in Washington, D.C., on 4 April 194 ...

(1949) and the

Treaty on the Non-Proliferation of Nuclear Weapons The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation ...

(1968).

Law of the Sea Treaty

In 1970,

United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...

Resolution 2749, the ''Declaration of Principles Governing the Seabed and Ocean Floor'', was adopted by 108 nation states and stated that the deep seabed should be preserved for peaceful purposes and is the "Common Heritage of Mankind." In 1982, the Common Heritage of Mankind concept was stated to relate to "the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction" under Article 136 of the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...

Law of the Sea Treaty (UNCLOS). Payoyo argues that the ''common heritage of humanity'' principle in Part XI of the Law of the Sea Treaty should favour developing states (who were the voice of conscience in establishing it), and not merely in some transient 'affirmative action' manner. He claims, however, that the 1994 ''Implementation Agreement'' facilitated control by industrialised countries of the

International Seabed Authority The International Seabed Authority (ISA) (french: Autorité internationale des fonds marins) is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union established under the 1982 UN Convention on the Law of ...

(ISA), allowing access by the private sector to the deep sea bed and inhibiting constructive dialogue on sustainable development.

Core conceptual components

Maltese Ambassador Arvid Pardo, one of the founders of the ''common heritage of humanity'' concept under international law, has claimed that it challenges the "structural relationship between rich and poor countries" and amounts to a "revolution not merely in the law of the sea, but also in international relations". One of the main architects of the principle under international

space law Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue effort ...

has claimed that it is "the most important legal principle achieved by man throughout thousands of years during which law has existed as the regulating element of social exchange". This praise relates to the fact that

in the ''common heritage of humanity'' principle is seeking to protect, respect and fulfill the interests of human beings independently of any politically motivated

sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined te ...

; the concept covering all humans wherever they are living, as well as future generations. Frakes has identified five core components of the Common Heritage of Humanity concept. First, there can be no private or public appropriation; no one legally owns common heritage spaces. Second, representatives from all nations must manage resources contained in such a territorial or conceptual area on behalf of all since a commons area is considered to belong to everyone; this practically necessitating a special agency to coordinate shared management. Third, all nations must actively share with each other the benefits acquired from exploitation of the resources from the commons heritage region, this requiring restraint on the profit-making activities of private corporate entities; this linking the concept to that of

global public good In traditional usage, a global public good (or global good) is a public good available on a more-or-less worldwide basis. There are many challenges to the traditional definition, which have far-reaching implications in the age of globalization. D ...

. Fourth, there can be no weaponry or military installations established in territorial commons areas. Fifth, the commons should be preserved for the benefit of future generations, and to avoid a "

tragedy of the commons Tragedy (from the grc-gre, τραγῳδία, ''tragōidia'', ''tragōidia'') is a genre of drama based on human suffering and, mainly, the terrible or sorrowful events that befall a main character. Traditionally, the intention of tragedy i ...

" scenario. Academic claims have been made that where the principle requires the establishment of an international resource management regime, prior to establishment of such a regime a moratorium on resource exploitation should be enforced. Such a position does not appear to have been supported by most states during the respective drafting negotiations.

World Heritage Conventions

Destroyed Statue, July 17, 2005 at 15-53

A similar principle of international law holds that the world's cultural and natural heritage (as nominated for listing by nation states) must be protected by states parties to the

UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. It ...

World Heritage Convention. A case study in the use of these provisions was provided by the

Franklin Dam The Franklin Dam or Gordon-below-Franklin Dam project was a proposed dam on the Gordon River in Tasmania, Australia, that was never constructed. The movement that eventually led to the project's cancellation became one of the most significant ...

non-violent protest campaign against the construction of a dam of Australia's last wild river; they being held by the Australian High Court to provide a valid basis for legislation protecting the

Franklin River The Franklin River is a major perennial river located in the Central Highlands and western regions of Tasmania, Australia. The river is located in the Franklin-Gordon Wild Rivers National Park at the mid northern area of the Tasmanian Wilder ...

. Justice Lionel Murphy wrote in that case (''

Commonwealth v Tasmania ''Commonwealth v Tasmania'' (popularly known as the ''Tasmanian Dam Case'') was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, an ...

'') about the Common Heritage of Humanity principle: "The preservation of the world's heritage must not be looked at in isolation but as part of the co-operation between nations which is calculated to achieve intellectual and moral solidarity of mankind and so reinforce the bonds between people which promote peace and displace those of narrow nationalism and alienation which promote war ... e encouragement of people to think internationally, to regard the culture of their own country as part of world culture, to conceive a physical, spiritual and intellectual world heritage, is important in the endeavour to avoid the destruction of humanity."

UNESCO Universal Declaration on the Human Genome and Human Rights

The UNESCO ''Universal Declaration on the Human Genome and Human Rights'' declares in Article 1 that: "The

human genome The human genome is a complete set of nucleic acid sequences for humans, encoded as DNA within the 23 chromosome pairs in cell nuclei and in a small DNA molecule found within individual mitochondria. These are usually treated separately as the ...

underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity. In a symbolic sense, it is the heritage of humanity." Article 4 states: "The human genome in its natural state shall not give rise to financial gains." Such Declarations do not create binding obligations under

(unless over time there is sufficient '' opinio juris'' and state practise to make them part of international customary law) so the impact of such principles of

commercialisation Commercialization or commercialisation is the process of introducing a new product or production method into commerce—making it available on the market. The term often connotes especially entry into the mass market (as opposed to entry into e ...

of the

will be problematic. Whether the principle prohibits the patenting of the

is contested by the corporate sector.

UNESCO Declaration on the Responsibilities of the Present Generations Towards Future Generations

Proclaimed on November 12, 1997, the

''Declaration on the Responsibilities of the Present Generations Towards Future Generations'' is an international agreement (potentially part of international customary law) which includes provisions related to the ''common heritage of mankind''.

United Nations Declaration on the Rights of Indigenous Peoples

The declaration affirms in its preamble that Indigenous Peoples contribute to humanity's common heritage.

Potential applications

It was argued at the

World Summit on the Information Society The World Summit on the Information Society (WSIS) was a two-phase United Nations-sponsored summit on information, communication and, in broad terms, the information society that took place in 2003 in Geneva and in 2005 in Tunis. WSIS Forums have ...

and has been advocated by academics that global communication between individuals over the

internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...

should be regarded as part of the Common Heritage of Mankind. Equatorial countries have proposed that the geostationary orbit over the

high seas The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed region ...

should be declared the ''common heritage of mankind''.

Controversies about the principle

Kemal Baslar has stated that the Common Heritage of Mankind principle "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

, such as acquisition of territory, consent-based sources of international law,

sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...

equality Equality may refer to: Society * Political equality, in which all members of a society are of equal standing ** Consociationalism, in which an ethnically, religiously, or linguistically divided state functions by cooperation of each group's elit ...

resource allocation In economics, resource allocation is the assignment of available resources to various uses. In the context of an entire economy, resources can be allocated by various means, such as markets, or planning. In project management, resource allocati ...

and international personality." The ''common heritage of humanity'' principle in international law has been viewed as one solution to the

dilemma described in an influential article by that name written by

Garrett Hardin Garrett James Hardin (April 21, 1915 – September 14, 2003) was an American ecologist. He focused his career on the issue of human overpopulation, and is best known for his exposition of the tragedy of the commons in a 1968 paper of the same t ...

in the journal ''

Science Science is a systematic endeavor that Scientific method, builds and organizes knowledge in the form of Testability, testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earli ...

'' in 1968.Garrett Hardin
"The Tragedy of the Commons"
''Science'', Vol. 162, No. 3859 (December 13, 1968), pp. 1243–1248. Also availabl
here
an

/ref> The article critically analyzes a dilemma in which multiple individuals, acting independently after rationally consulting self-interest, ultimately destroy a shared limited resource even when each acknowledges that outcome is not in anyone's long-term interest. Hardin's conclusion that commons areas are practicably achievable only in conditions of low population density and so their continuance requires state restriction on the freedom to breed, created controversy particularly through his deprecation of the role of conscience in achieving justice and equality in society. Hardin's views have been noted by scholars and policy-makers supporting privatization of common spaces and suggesting economic rationalism on such social and ecosystems. The extent to which the Common Heritage of Mankind principle does or should control the activities of private

multinational corporations A multinational company (MNC), also referred to as a multinational enterprise (MNE), a transnational enterprise (TNE), a transnational corporation (TNC), an international corporation or a stateless corporation with subtle but contrasting senses, i ...

as well as

, particularly with regard to

mining Mining is the extraction of valuable minerals or other geological materials from the Earth, usually from an ore body, lode, vein, seam, reef, or placer deposit. The exploitation of these deposits for raw material is based on the economic ...

activities, remains controversial. Least developed nations often see the principle as a means of protecting critical resources from exploitation by capitalist nations and their corporations. As world oil, coal and mineral reserves are depleted there will be increasing pressure to commercially exploit Common Heritage of Mankind areas. It appears at the present time that exploration of outer space is unlikely to initially proceed under the jurisdiction of a supranational organization, but rather through the coordination of national space programs. It has been argued that photosynthesis in its natural or artificial forms should be considered the common heritage of humanity.Faunce TA. (2011) Will international trade law promote or inhibit global artificial photosynthesis. Asian Journal of WTO and International Health Law and Policy (AJWH) 6: 313–347 https://ssrn.com/abstract=1935748 accessed 25 November 2011

References

{{Authority control Space law Law of the sea 1967 in law United Nations treaties Cultural heritage International sustainable development Environmental law 1967 in international relations International law Global politics