Cries of the Sea: World Inequality, Sustainable Development and the Common Heritage of Humanity

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Martinus Nijhoff Publishers, 1997 M10 30 - 547 pages
A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources 'the common heritage of mankind'. The author suggests that the terms 'common', 'heritage', and 'humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of 'the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.

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Contents

INTRODUCTION
1
INEQUALITY IN THE INTERNATIONAL COMMUNITY
15
Conclusion
45
Preambular Aspects
53
The NorthSouth Dialogue in the Second Committee of UNCLOS
71
E The NorthSouth Dialogue in the Third Committee
82
The Legal Basis of CapacityBuilding for Sustainable
119
The International Law of Global Disparities versus
140
THE COMMON
227
Principle from the Seabed Mining Regime
237
B The Common Heritage of Humanity Principle as Plea
247
of the Developing Countries
326
Conclusion
349
THE INSTITUTIONAL ELEMENT OF THE COMMON HERITAGE
359
Conclusion
452
APPENDIX
475

Conclusion
150
A LEGAL
159
A The Common Heritage of Humanity as an Invoked Principle
165
Conclusion
219
REFERENCES
481
INDEX
535
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