The concept of common heritage of mankind in the advisory opinion of 1 February 2011 by the international tribunal for the law of the sea

The objective is to analyze the provisions of the Advisory Opinion of1 February 2011 by the International Tribunal for the Law of the Sea identifying components of the concept of common heritage of mankind. The article used a scientific methodological method, which makes it easier to identify the main aspects and notions of the study. The authors also broadly investigated the concept of common heritage of mankind in the practice of States and international organizations. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the generalization and systemstructural method and practiced special methods of science such as legal and technical, historical and forecasting methods. The article has investigated the position of common heritage concept in the advisory opinion delivered by the Chamber, the views of State parties as well as the international organizations and United Nations bodies associated with Law of the Sea and assessed the practical aspects of this concept in the approaches of international law actors. Scientific novelty of the proposed approach of the study is that it comprehensively has reviewed the positions of States, international organizations and bodies, as well as provisions of the advisory opinion in connection with the separation of the ingredients of the common heritage of mankind concept. At the beginning the concept of common heritage of mankind was largely theoretically analyzed, but as used in the framework of this article the enforcement approach allowed us to identify new elements in this concept. Results of the research can be used in the further theoretical developments in the field of international maritime law and the law of international responsibility. © 2017, by ASERS® Publishing. All rights reserved.

ASERS Publishing House
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  • 1 RUDN-University, Moscow, Russian Federation
Ключевые слова
Common Heritage of Mankind; Environmental Law; ITLOS; Law of the Sea; UNCLOS
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