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The Common Heritage Of Mankind: Past, Present, And Future, John E. Noyes
The Common Heritage Of Mankind: Past, Present, And Future, John E. Noyes
Faculty Scholarship
This essay reflects on what has happened to the principle of the common heritage of humankind (the CH principle whereby all manage resources and share in the rewards of exploiting them, even if they are not able to participate in that exploitation) including recent developments affecting its implementation and its possible future. Part II of this essay discusses what the CH principle means in international law. This discussion involves three questions: To what situations does the principle apply? What are its components or elements? And what is its legal status? Parts III and IV suggest that "context" is essential to …