The Concept of the Common Heritage of Mankind in International Law / Kemal Baslar.
Material type:
TextLanguage: English Series: Developments in International Law ; 30. | International Law - Book Archive pre-2000Publisher: Leiden ; Boston : Brill | Nijhoff, 1998Copyright date: ©1998Description: 1 online resource (460 pages) : illustrationsContent type: - text
- computer
- online resource
- 9789004635227
- 341 23
- KZ1323
Includes bibliographical references and index.
Preliminary Material / Kemal Baslar -- Acknowledgements / Kemal Baslar -- Abbreviations / Kemal Baslar -- Table of Treaties / Kemal Baslar -- Introduction / Kemal Baslar -- Chapter One Philosophical Bases / Kemal Baslar -- Chapter Two The Vocabulary of the Common Heritage of Mankind / Kemal Baslar -- Chapter Three The Elements of the Common Heritage of Mankind / Kemal Baslar -- Chapter Four Stewardship Sovereignty and Mankind / Kemal Baslar -- Chapter Five Outer Space and the Common Heritage of Mankind / Kemal Baslar -- Chapter Six The Law of the Sea and the Common Heritage of Mankind / Kemal Baslar -- Chapter Seven Antarctica and the Common Heritage of Mankind / Kemal Baslar -- Chapter Eight International Environmental Law and the Common Heritage of Mankind / Kemal Baslar -- Chapter Nine International Human Rights Law and the Common Heritage of Mankind / Kemal Baslar -- Chapter Ten The Legal Status of the Common Heritage of Mankind / Kemal Baslar -- Appraisal / Kemal Baslar -- Selected Bibliography / Kemal Baslar -- Index / Kemal Baslar.
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
English
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