ABOUT „THE COMMON HERITAGE OF ALL MANKIND/HUMANITY” WITH SPECIAL REGARD TO THE SEA LAW AND SPACE LAW
ABOUT „THE COMMON HERITAGE OF ALL MANKIND/HUMANITY” WITH SPECIAL REGARD TO THE SEA LAW AND SPACE LAW

Summary/Abstract: The study refers the concept of the common heritage of all mankind/humanity with special regard to the sea law and space law. In the introduction it is shown that the events leading up to the third Conference on the sea law was the factor that triggered the interest of authors of the time, on the concept of the common heritage of all mankind, invoking, at the same time, the concept of Ambassador Arvid Pardo of Malta, in a memorable speech given in 1967 at the UN General Assembly, who by adopted resolutions declared the submarine territories beyond the limits of national jurisdiction (the Area) of the common heritage of all mankind. Further, we identified the international legal instruments in the field of public international law - the sea law, space law - inwhich lies the concept of the heritage of all mankind. After that in a brief analysis, is demonstrated the difference between the system of exploitation for the resources of the area and the conditions of exploitation of the resources of the sea, revealing the essential and beneficial changes in the sea law, stemming from the concept of the common heritage of all mankind. The area and its resources are subject to a fundamental complex principle on which is founded their legal regime, that principle is set up, developed, and enshrined in the Convention on the sea law in 1982. Thus, according to art.136 of the Convention, the Area and its resources are the common heritage of all mankind. This principle is developed through a number of articles of the Convention and comprises five General principles, which are carefully screened. So far, however, the principle of the common heritage of humanity is somewhat developed and experienced than according to the Convention on the sea law(1982). What is important is the fact that by Convention it was created the International Authority of submarines, as the intergovernmental organization through which States parties organize and control activities in the International Area. In this study, we wished to reveal the fact that the concept of the common heritage of all mankind was introduced into the Space Treaty of 1 November 1967, even previous to the concept of the Sea front (just that formula is a bit different, namely “the province of all mankind” (the province of all mankind) and other small differences. Finally, the study reveals that although the concept of the common heritage of mankind, as the most important principle of the International Area often encountered some opposition on the part of developed States, and amendments to, the Convention on the sea law in 1982, through the Agreement of 1994 substantially diminishes its contents.

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