ABSTRACT
The ‘common heritage of mankind’ (CH) is best known as a concept or principle of international law. It emerged in the 1960s to guide the management of the international commons (i.e. areas of Earth and space), beyond the jurisdiction of states. Despite its acknowledged relevance for the protection of ecological systems, recent multilateral environmental treaties have not used it. Indeed, it attracts considerable controversy. Some commentators dismiss it, claiming that states have overwhelmingly rejected it for political reasons. Others view it as an aspirational slogan, a utopian goal. It is also seen as protecting the ‘status quo’ of international law, leaving ecological systems vulnerable to exploitation in the interests of states and corporations.
