A critical assessment of the International Seabed Authority’s implementation of the Common Heritage of Mankind principle from the perspective of benefit-sharing regime

Hao Shen ()
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Hao Shen: Fudan University

International Environmental Agreements: Politics, Law and Economics, 2023, vol. 23, issue 3, No 8, 355-371

Abstract: Abstract The principle of Common Heritage of Mankind (CHM) is a fundamental principle for the international community to explore and exploit deep seabed mineral resources in areas beyond national jurisdiction. Many provisions in Part XI of the United Nations Convention on the Law of the Sea reflect this principle. As the international institution to implement the principle of CHM, the International Seabed Authority has the dual mandate of managing deep seabed resources and marine environmental protection. However, in the process of implementing the principle of Common Heritage of Mankind, there is a misalignment between reality and ideal as envisioned by the Convention. This article reflects on the relevant norms and practices of the International Seabed Authority (ISA) in implementing the CHM principle and presents a critical assessment of the development of the sharing mechanism through the ISA, focusing on benefit sharing and technology sharing. This article also proposes that information sharing and transparency is a procedure-reinforcing mechanism to promote benefit sharing and is especially important to the decision-making process of the ISA, which includes the promulgation of the rules, regulations and the approval of the plans of work submitted by the applicants. These decisions have practical significance and direct impacts on the development of the sharing mechanism for deep seabed resources.

Keywords: Common Heritage of Mankind; Sharing mechanism; Parallel system; Reserved areas; The Enterprise (search for similar items in EconPapers)
Date: 2023
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DOI: 10.1007/s10784-023-09594-x

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