Heritage of mankind

Common heritage of mankind (also termed the common heritage of humanity, common heritage of humankind or common heritage principle) is a principle of international law which holds that defined territorial areas and elements of humanity's common heritage (cultural and natural) should be held in trust for future generations and be protected from exploitation by individual nation states or corporations.

In his essay Toward Perpetual Peace, Immanuel Kant claimed that the expansion of hospitality with regard to "use of the right to the earth's surface which belongs to the human race in common" would "finally bring the human race ever closer to a cosmopolitan constitution". The concept of Common Heritage of Mankind, however, was first mentioned in the preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.

The concept of 'Mankind' is also mentioned in outer space treaties. 'Mankind' as a subject in international law also appears in the Preamble of the United Nations Charter, the Preamble of the North Atlantic Treaty (1949) and the Treaty on the Non-Proliferation of Nuclear Weapons (1968).

In 1970, United Nations General Assembly Resolution 2749, the Declaration of Principles Governing the Seabed and Ocean Floor, was adopted by 108 nation states and stated that the deep seabed should be preserved for peaceful purposes and is the "Common Heritage of Mankind."

In 1982, the Common Heritage of Mankind concept was stated to relate to "the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction" under Article 136 of the United Nations Law of the Sea Treaty (UNCLOS).

Payoyo argues that the common heritage of humanity principle in Part XI of the Law of the Sea Treaty should favour developing states (who were the voice of conscience in establishing it), and not merely in some transient 'affirmative action' manner. He claims, however, that the 1994 Implementation Agreement facilitated control by industrialised countries of the International Seabed Authority (ISA), allowing access by the private sector to the deep sea bed and inhibiting constructive dialogue on sustainable development.

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