ABSTRACT

This chapter provides a broad overview of the common heritage of mankind (CHM) principle in res communes. First, by examining the origin of the CHM principle, the chapter reveals how the CHM principle had two competing conceptions. Second, the chapter analyses the CHM principle in the United Nations Convention on the Law of the Sea regime, with particular focus given to the Area and the marine genetic resources. Third, the chapter proceeds to examine applications of the CHM principle in other contexts, such as outer space, world heritage, and plant genetic resources. Key issues concerning the governance of the global commons concern the rules of access and exploitation of the resources found therein. The environmental protection aspect of the CHM principle gives rise to the obligations of due diligence and cooperation, which become even more critical to legal regimes governing global commons.