COMMON HERITAGE OF MANKIND AND EXCLUSIVE ECONOMIC ZONE

COMMON HERITAGE OF MANKIND AND EXCLUSIVE ECONOMIC ZONE by i. As to the area extending up to 200 miles from the coasts, to which the notion of the exclusive economic zone (EEZ) may be applied, several phenomena characterized by increasingly forms of « national creeping jurisdiction » have been recently noted. These also include some elements which seem, at least at first sight, to be exactly the opposite. The aim of this analysis is to determine these elements and to clarify their importance in relation to the view which inspire the principle affirmed within the international community and synthetically described by the formula "Common Heritage of Mankind" (CHM). Such ele- ments might appear exceptional manifestations of the embryoes of rules in statu nascendi. However it is difficulty to find the way to fully develop and perfect these rules, when considering them in a mere static view of the above-mentioned important phenomena of "national creeping jurisdiction"; instead they can appear more relevant when considering their origin and the context of the largest deve- lopments which are now involving the whole international law. It is true that there are increasingly widespread conceptions according to which the new phenomena of the international law of the sea almost lead to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

COMMON HERITAGE OF MANKIND AND EXCLUSIVE ECONOMIC ZONE

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Publisher
Brill
Copyright
Copyright 1983 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0391-5107
eISSN
2211-6133
D.O.I.
10.1163/221161381X00069
Publisher site
See Article on Publisher Site

Abstract

by i. As to the area extending up to 200 miles from the coasts, to which the notion of the exclusive economic zone (EEZ) may be applied, several phenomena characterized by increasingly forms of « national creeping jurisdiction » have been recently noted. These also include some elements which seem, at least at first sight, to be exactly the opposite. The aim of this analysis is to determine these elements and to clarify their importance in relation to the view which inspire the principle affirmed within the international community and synthetically described by the formula "Common Heritage of Mankind" (CHM). Such ele- ments might appear exceptional manifestations of the embryoes of rules in statu nascendi. However it is difficulty to find the way to fully develop and perfect these rules, when considering them in a mere static view of the above-mentioned important phenomena of "national creeping jurisdiction"; instead they can appear more relevant when considering their origin and the context of the largest deve- lopments which are now involving the whole international law. It is true that there are increasingly widespread conceptions according to which the new phenomena of the international law of the sea almost lead to

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 1980

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