Applying the Principle of the Common Heritage of MankindAn East Asian Perspective

Abstract

The common heritage of mankind (chm), also known as common heritage of humanity,1 originally refers to the resources of the Area under Article 136 of the Law of the Sea Convention (losc). However, the precise meaning of chm under international law – its elements, scope, and legal status – remains very much in debate to the present day. Much of this debate lies in the contrary perspectives of developed and developing states.2 Developed states veer towards the notion that the CHM allows the “common use of designated areas, while upholding traditional concepts such as freedom of the high seas and freedom of exploration.”3 On the contrary, developing countries view the principle of chm as having three goals: (1) the prevention of monopolization in these areas by developed nations at the expense of nations that lack technology or financing, (2) the direct participation of developing nations in the international management of resource extraction, and (3) favorable distribution of economic benefits to developing nations.4 In addition to these differing views on the concept of chm, the status of the principle under international law is also disputed. On one hand, the principle is gaining recognition as customary international law, with some even heralding