ABSTRACT
T he common heritage o f m ankind is a newly form ulated concept: it has only existed in its p resent form since the end o f the 1 9 6 0 s. However, ever since the beginnings o f m odern international law, some parts o f the E arth’s surface have been considered outside all national jurisdictions. At first, the only such area was the regim e o f the high seas. A long debate ensued between those who believed that the high seas did not belong to anyone, and thus constituted a res nullius, and those who believed them to be a res communis, belonging to all nations. In practice, however, there was general agreem ent that the high seas could not be appropria ted by any nation and that they could be freely used by all nations.
