ABSTRACT
It has rightly been stated that the development of general concepts of international
law refl ects the spirit of a given historic period.2 This is certainly also true of the
idea of the ‘common heritage of mankind’ which constitutes an essential element
of UNCLOS3 adopted after eight years of particularly diffi cult negotiations which
to a large extent centred on the implementation of that concept. The debates on
a new law of the sea also inspired the incorporation of the common heritage
principle into the Moon Treaty.4 To some degree that idea is also refl ected in the
legal framework for the protection of the environment of Antarctica where refer-
ence is made to ‘the interests of all mankind’.5 A full application of that concept
to that area would, however, at a minimum require the extinguishment of all
national claims and the establishment of a more universal regime of administra-
tion and control.6 Such a development does not – at least at present – seem to be
in sight.
