Is the Common Heritage of Mankind Concept Obsolete or Still Relevant?

Abstract for Scopus Indexing: The concept of the “common heritage of mankind” is the key concept for the exploitation of the resources of the “Area,” defined as the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. The purpose of this article is first to give a presentation of this concept, from the origin in the 1960s, in particular with Arvid Pardo’s speech at the UN in 1967, to its inclusion in UNCLOS through a scope limited to the Area and its resources. After that, the article examines how this concept is applied by the International Seabed Authority ( ISA ) in its work, in particular with regard to the commencement of the exploitation of the Area and concerning the sponsoring of enterprises by States. The work of the ISA appears somehow questionable, especially by neglecting to work towards establishing a mechanism aimed at equitable sharing of financial and other benefits derived from the mining activities in the Area as intensively as it does it for the adoption of exploitation rules. In these circumstances, the concept of the common heritage of mankind may appear somewhat obsolete. However, it remains fully relevant, not only for the Area but for all issues related to global commons.