ABSTRACT

The common heritage of mankind is a newly formulated concept: it has only existed in its present form since the end of the 1960s. In fact, the common heritage is the complete territorial expression, the materialization of the common interest of mankind. The most developed formulation of the common heritage concept to date is to be found in part xi of the Law of the Sea Convention signed in Montego Bay on 10 December 1982. The concept of the common heritage of mankind is thus much more than the res communis omnium. The idea which underlies it is that certain interests of all mankind should be safeguarded by special legal regimes. The Law or the Sea Convention presented the most detailed version of the concept of the common heritage of mankind to date. The most serious resistance to the common heritage concept has arisen over the principle of equitable sharing of benefits.