The applicability of the principle of the common heritage of mankind to the waters and airspace superjacent to the international seabed area

Abstract

With the 30th anniversary of the United Nations Convention on the Law of the Sea (LOSC) having just passed, the role of the convention as the 'Constitution for the Oceans' has been highlighted in various international fora, as has its importance as the legal framework within which all ocean activities are carried out. The need for an integrated, interdisciplinary and intersectoral approach echoes the initial recognition that 'the problems of ocean space are closely interrelated and need to be considered as a whole'. However, the sectoral approach upon which the LOSC is built does not sit well with this statement, especially for areas beyond the limits of national jurisdiction (ABNJs). The current regime is based upon a fragmented regulatory framework which leaves a number of governance gaps, thus militating against adequate protection of the high seas and ABNJs.