ABSTRACT

This chapter explores the origin, recognition, and legal consequences of the notion of a "common concern of humanity." It suggests that issues of common concern are linked to the recognition of erga omnes obligations and the formation of collective compliance institutions and procedures that reinforce the erga omnes obligations imposed in the common interest. Common concerns are different because they are not spatial, belonging to a specific area, but can occur within or outside sovereign territory. The 1972 World Heritage Convention uses the term heritage in referring to cultural and natural resources, but treats them as a common concern, not as common heritage. The international recognition of human rights and fundamental freedoms constituted a first step of paramount importance in developing the concept of an international community built upon the fundamental values of humanity. National legal systems and international law have long recognized common ownership of or equitable interests in shared resources.