Conservation and sustainable use of the marine environment under UNCLOS: For the benefit of mankind as a "whole". (2nd January 2022)

• Record Type: Journal Article
• Authors: Alexander, Petal
• Is Part Of: Maritime affairs. Volume 18:Number 1(2022)
• Page Start: 42
• Page End: 54
• Publication Date: 2022-01-02
• Subjects: Common heritage of mankind (CHM) -- good faith -- equity -- UNCLOS -- sustainable -- benefit of mankind -- peaceful purposes; Merchant marine -- India -- History -- Periodicals; Navigation -- India -- Periodicals; Merchant marine; Navigation; India; History; Periodicals; 387.50954
• DOI: 10.1080/09733159.2022.2106664
• Languages: English
• ISSNs: 0973-3159

Abstract

ABSTRACT: The International Seabed Authority (ISA), acting on behalf of mankind as a whole, decides on measures to achieve the common heritage of mankind principle in relation to activities in the area. Various approaches towards this end are noted in United Nations Convention on the Law of the Sea (UNCLOS), such as: a state acting in good faith, especially when its action is likely to affect prejudicially the interests of mankind as a whole; laying down detailed rules on economic and financial issues; transfer of technology to developing states; and reserved sites for developing states. Ultimately, the ISA aims to use an equitable approach to protect the marine environment and human life with respect to activities in the area. These approaches, found in UNCLOS, confirm that it remains resolute in its advocacy for the principle of common heritage of mankind.