STATE CLAIMS IN VIOLATION OF ARTICLE 4 (LOSC ARTICLE 7), Cuba case, Common Heritage, cuba, Nicholas Channel, straight baselineView More STATE CLAIMS IN VIOLATION OF ARTICLE 4 (LOSC ARTICLE 7), Cuba case
Activities in the Area are to be carried out by the Enterprise and other commercial operators in accordance with Article 153(2) of the LOSC. The commercial operators include States Parties, State enterprises, natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals provided for in Article 153(2). This arrangement is called the ‘parallel system’. This system represents a compromise between various interest groups. Actually the LOSC provides three operational modes for deep seabed mining.
. System for the Exploration and Exploitation of Resources of the seabed Area(common heritage materials), Common Heritage, Exploration and Exploitation of Resources, LOSC, seabed Area
This principle is distinct from the traditional principles in two respects.
First, while the principles of sovereignty and freedom aim to safeguard the interests of individual States, the principle of the common heritage of mankind seeks to promote the common interest of mankind as a whole. It may be argued that the term ‘mankind’ is a transspatial and transtemporal concept. It is transspatial because ‘mankind’ includes all people on the planet. It is transtemporal because ‘mankind’ includes both present and future generations. It would seem to follow that the common interest of mankind means the interest of all people in present and future generations.
Second, the principle of the common heritage of mankind focuses on ‘mankind’ as a novel actor in the law of the sea. ‘Mankind’ is not a merely abstract concept. As we shall see in Chapter 5, under the LOSC ‘mankind’ has an operational organ, i.e. the International Seabed Authority, acting on behalf of mankind as a whole. To this extent, it can reasonably be argued that mankind is emerging as a new actor in the law of the sea.. what is Principle of the Common Heritage of Mankind in the law of the sea?, Common Heritage, Common Heritage of Mankind, common interest, LOSC