The DOCTRINE OF THE COMMON HERITAGE OF MANKIND is associated with:
Athe High Seas only, under customary international law alone (cf. UNCLOS 1982, Article 136; Moon Treaty 1979, Article 11) (cf. UNCLOS 1982, Article 136; Moon Treaty 1979, Article 11)
Bthe territorial waters and EEZ of coastal States exclusively (cf. UNCLOS 1982, Article 136; Moon Treaty 1979, Article 11) (cf. UNCLOS 1982, Article 136; Moon Treaty 1979, Article 11)
Call natural resources of every State without distinction (cf. UNCLOS 1982, Article 136; Moon Treaty 1979, Article 11) (cf. UNCLOS 1982, Article 136; Moon Treaty 1979, Article 11)
Dthe deep seabed and ocean floor beyond the limits of national jurisdiction ('the Area') under UNCLOS Part XI; also outer space under the Moon Treaty 1979
Answer & Solution
Correct answer: D. the deep seabed and ocean floor beyond the limits of national jurisdiction ('the Area') under UNCLOS Part XI; also outer space under the Moon Treaty 1979
1. The doctrine of COMMON HERITAGE OF MANKIND posits that certain spaces and resources are the patrimony of all humankind, to be managed for the benefit of all (including future generations).
2. UNCLOS 1982 Article 136 declares the 'Area' (the deep seabed and ocean floor beyond the limits of national jurisdiction) and its resources to be the COMMON HERITAGE OF MANKIND.
3. Part XI UNCLOS establishes the International Seabed Authority (ISA) to administer mining activities in the Area.
4. The Moon Treaty 1979 Article 11 declares the moon and its natural resources to be the COMMON HERITAGE OF MANKIND — though the Treaty has very few signatories (no spacefaring nation is a party).
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — UNCLOS 1982, Article 136; Moon Treaty 1979, Article 11_
Related questions
In the ASYLUM CASE (Colombia v Peru), 1950 ICJ Rep 266, the ICJ addressed the question of The doctrine of 'RESPONSIBILITY TO PROTECT' (R2P), adopted by the World Summit in 2005, reArticle 25 UN Charter establishes that decisions of the SECURITY COUNCIL are:Under Article 31(3) VCLT, in addition to context, the following shall be taken into accounThe MOON TREATY 1979 (Agreement Governing the Activities of States on the Moon and Other CUnder Article 5 of the CONVENTION AGAINST TORTURE 1984 (CAT), each State Party shall take EXTRADITION (the formal surrender of a fugitive by one State to another for prosecution orThe RIGHT OF INNOCENT PASSAGE through the territorial sea (Articles 17-32 UNCLOS) means pa