The Interpretative Value of the Principle of the Common Heritage of Mankind and the Interests and Needs of Developing Countries in the United Nations Convention on the Law of the Sea

• Enrico Zamuner ^[1]
  1. [1] University of Padova
• Localización: Interpretations of the United Nations Convention on the Law of the Sea by international courts and tribunals / Angela Del Vecchio (ed. lit.), Roberto Virzo (ed. lit.), 2019, ISBN 9783030107727, págs. 139-152
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • This chapter examines the principle of the common heritage of mankind by emphasizing its inherent development-oriented nature and the key role it plays in the interpretation of the UN Convention on the law of the sea. The special consideration for the interests and needs of developing countries is a constitutive element of the legal regime of the Area and can be regarded as an essential basis for their consent to be bound by the Montego Bay Convention and the 1994 Implementation Agreement. From this perspective, the chapter provides a critical reappraisal of the Advisory Opinion of the Sea Bed Disputes Chamber of the International Tribunal of the Law of the Sea on Responsibilities and obligations of States with respect to activities in the Area. Focusing on the assessment by the Tribunal of Articles 140 and 148 of the UN Convention on the law of the sea, the Author rises some doubts about the resulting restrictive interpretation given in this context to the interests and needs of developing countries which seems to conflict with the wording and meaning of these provisions and might hamper the pursuit of one of the main purposes of the Convention.