Cries of the Sea: World Inequality, Sustainable Development and the Common Heritage of HumanityMartinus 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. |
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 |
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Cries of the Sea:World Inequality, Sustainable Development and the Common ... Peter Payoyo No preview available - 1997 |
Common terms and phrases
1982 Convention 1994 Implementation Agreement activities adopted Agenda 21 Area Assembly assured access Borgese CLOS coastal Common Heritage concept Conference Continental Shelf Convention Declaration of Principles deep seabed mining developing countries doctrine E.D. Brown economic established exploitability clause exploration and exploitation framework freedom global disparities governing Group of 77 Heritage of Humanity heritage of mankind high seas Humanity principle industrialized countries inequality institutional international community international control international cooperation international law international organization international regime International Seabed Authority internationalization issue law of global lex lata limits of national LLGDS manganese nodules marine environment ment national jurisdiction negotiations nodule mining normative North-South outer limits paradigm parallel system political Principles Resolution proposed provisions relations SBC Rep Sea-Bed Seabed Committee sovereignty supra Chap supra note sustainable development treaty UN General Assembly UNCED UNCLOS UNGA United Nations United Nations Convention