Mirzaee S. The Concept of Common Heritage of Mankind in Terms of International Tribunal for the Law of the Sea

Siavash Mirzaee
Postgraduate Student, Department of International Law
Peoples’ Friendship University of Russia
Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction. The objective is to analyze the provisions of the Advisory Opinion of February 1, 2011 by the International Tribunal for the Sea Law identifying components of the concept of common heritage of mankind. The authors also broadly investigated the concept of common heritage of mankind in the practice of States and international organizations. Methods. The article used scientific methods which make it easier to identify the main aspects and notions of the study. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the generalization and system-structural method and practiced special methods of science such as legal and technical, historical and forecasting methods. The article has investigated the position of common heritage concept in the advisory opinion delivered by the Chamber, the views of State parties as well as the international organizations and United Nations bodies associated with Law of the Sea and assessed the practical aspects of this concept in the approaches of international law actors. Scientific novelty of the proposed approach to the study is that it comprehensively has reviewed the positions of States, international organizations and bodies, as well as provisions of the advisory opinion in connection with the separation of the elements of the common heritage of mankind concept. At the beginning the concept of common heritage of mankind was largely theoretically analyzed, but as used in the framework of this article the enforcement approach allowed us to identify new elements in this concept. Results of the research can be used in the further theoretical developments in the field of international maritime law and the law of international responsibility.

Key words: common heritage of mankind, international sea law, international environmental law, International Tribunal for the Law of the Sea, pledgery.

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