ABSTRACT

Traditionally, international law was conceived to regulate relations between states; those relations are usually based upon the reciprocity principle. This chapter discusses the concept and the elements of the common heritage of mankind (CHM) to relate its relation, similitude, or difference with the new concept of common concern to establish its legal implication in this field. International environmental law plays an important role in preserving and conserving the commons, governing the conduct of states, and, to an extent, the actions of others actors in relation to the commons. The emerging concept of the CHM has been seen as the effort of the newly independent states and developing countries to establish equitable sharing benefits for the exploitation of the resources located beyond national jurisdictions. The CHM has at least four characteristics or elements: the first element is non-appropriation; second, share benefits; third, international management; and fourth, exclusively peaceful use.