After the world war Ⅱ, an international society has been concerned about the outside region of national jurisdiction(Deep seabed, Outer Space, Moon, South Pole etc), and the development and conservation of its resources.
As a result, Antarctic Trea...
After the world war Ⅱ, an international society has been concerned about the outside region of national jurisdiction(Deep seabed, Outer Space, Moon, South Pole etc), and the development and conservation of its resources.
As a result, Antarctic Treaty(1959), Outer Space Treaty(1967), the Moon Treaty(1979), and UNCLOS(1982) were concluded. Above all, through the treaties common Heritage of Mankind(CHM) was induced expressly or analogically as a new approach for the development and conservation of International Common Spaces.
However, the question at issue is that the concept, character , extent, and regulations of CHM which was induced by the treaties have been interpreted and applied according to each treaty or standpoint of each nation. This lead to denunciation on the status of the CHM in international law. By the way, the core cause of this denunciation could be that there's no right legal definition on the terms of the CHM. It means that a prior question on the status of the CHM from the point of the international law is to analyze and examine closely the terms of this concept and define the legal implication.
Therefore, I am willing to describe the appearance and development of the concept of CHM, analyze the legal significance on each term of the concept and evaluate generally the legal position of it through this study.