The Concept of the Common Heritage of Mankind in International LawMartinus Nijhoff Publishers, 1998 - 427 หน้า 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. |
เนื้อหา
Chapter | 1 |
Philosophical Foundations | 7 |
Lessons to be Learned from Grotian Thought | 29 |
Chapter | 38 |
The Term Heritage Under the Public Trust Doctrine | 61 |
Who is Mankind? | 70 |
Chapter Three | 79 |
Tailoring a New Jacket for the Common Heritage of Mankind | 85 |
Conclusion | 274 |
International Environment Law and | 277 |
From Conceptual Anarchy to Clarity | 280 |
The Common Concern of Mankind | 287 |
Preservation of the Cultural Heritages of Mankind | 296 |
The Atmosphere and the Climate Change | 304 |
Living Resources | 310 |
Chapter Nine | 318 |
Conclusion | 112 |
Stewardship Sovereignty and Mankind | 117 |
THE APPLICATION OF THE COMMON HERITAGE OF MANKIND | 130 |
Sovereignty or Mankind? | 131 |
Two Tentative Solution | 146 |
PART II | 156 |
Outer Space and the Common Heritage | 159 |
The Common Heritage of Mankind and the Moon Treaty | 175 |
Other Natural Resources not Covered by the Moon Treaty | 190 |
Conclusion | 201 |
The Law of the Sea and the Common Heritage | 205 |
The Common Heritage and a New World Ocean Order | 221 |
Antarctica and the Common Heritage of Mankind | 243 |
Alternative Management Systems for Antarctica | 256 |
The Common Heritage of Mankind Humanitarian Intervention | 329 |
Chapter | 335 |
Traditional View | 340 |
Traditional Sources of International Law | 347 |
Other Sources of International Law | 357 |
Jus Cogens | 363 |
Appraisal | 371 |
Pardos Box? | 379 |
Selected Bibliography | 382 |
410 | |
417 | |
420 | |
ฉบับอื่นๆ - ดูทั้งหมด
The Concept of the Common Heritage of Mankind in International Law Kemal Baslar ชมบางส่วนของหนังสือ - 2024 |
คำและวลีที่พบบ่อย
Amazon Antarctic Treaty System Antarctica application areas Article ATCPs BIRNIE celestial bodies Chapter CHRISTOL COCCA Coll common concern common heritage concept common interest conservation context Convention cultural Declaration deep seabed mining developing countries Dordrecht ecological elements environmental protection equity exploitation Geostationary Orbit global commons heritage of mankind high seas human rights ibid idea Int'l Law interest of mankind Intergenerational Equity international community International Environmental Law international spaces JOYNER jus cogens justice Law of Outer legal status LOSC M.Nijhoff mankind concept Mankind in International minerals Moon Treaty natural law natural resources NIEO non-appropriation norms obligation Ocean orbit Pardo peaceful philosophy Policy political Postyshev present and future Proc proposal Protocol PSNR Publ public trust doctrine res communis Right to Development Space Law stewardship supra sustainable development term territorial theory Third World trusteeship UNCLOS United Nations University WEISS world park