The Concept of Common Heritage of Mankind in Terms of International Tribunal for the Law of the Sea

Mirzaee, Siavash

doi:10.15688/jvolsu5.2016.4.25

Vestn. Volgogr. gos. un-ta. Ser. 5, Jurisprud

2016

DOI: 10.15688/jvolsu5.2016.4.25

|View full text |Cite

The Concept of Common Heritage of Mankind in Terms of International Tribunal for the Law of the Sea

Siavash Mirzaee¹

Abstract: Introduction. The objective is to analyze the provisions of the Advisory Opinion of February 1, 2011 by the International Tribunal for the Sea Law identifying components of the concept of common heritage of mankind. The authors also broadly investigated the concept of common heritage of mankind in the practice of States and international organizations. Methods. The article used scientific methods which make it easier to identify the main aspects and notions of the study. The research used scientific methods of… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2018

2022

Publication Types

Select...

Article3

Relationship

Self Cite1

Independent2

Authors

Journals

Cited by 3 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Hereinafter 'WARC' 5. Paragraph 84BG, Annex 1, Revision of Article 1 of the Radio Regulation, 23 United States Treaty Series 1527 6. Adopted on 3 December 1976.…”

mentioning

confidence: 99%

The Geostationary Orbit in the Light of the Common Heritage of Mankind (International Legal Aspects)

Mirzaee¹

2018

Self Cite

View full text Add to dashboard Cite

Background/Objectives: since the geostationary orbit, is a limited resource located in the outer space, it seems necessary to regulate its use in order to avoid conflicts. In this article, the concept of common heritage of mankind will be examined as an instrument to address questions related to the fair use of this natural resource by developing and developed countries. Methods: the author used scientific methodological approach which facilitates determining the whole canvas of the research, identifying the main aspects and concepts of the study. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the method of generalization and system-structural method. Results: in this article, the author examines the concept of common heritage of mankind and its principles in the field of the geostationary orbit and presents a functional model to administer its affairs. Applications/Improvements: by declaring the geostationary orbit as common heritage of mankind, it would be possible to use them as an instrument to filling the gap between developing and developed countries concerning use of the orbit.

show abstract

“…Hereinafter 'WARC' 5. Paragraph 84BG, Annex 1, Revision of Article 1 of the Radio Regulation, 23 United States Treaty Series 1527 6. Adopted on 3 December 1976.…”

mentioning

confidence: 99%

The Geostationary Orbit in the Light of the Common Heritage of Mankind (International Legal Aspects)

Mirzaee¹

2018

Self Cite

View full text Add to dashboard Cite

show abstract

On Delineation of the Continental Shelf: Decision of the International Tribunal for the Law of the Sea on Delimitation of the Maritime Boundary between Bangladesh and Myanmar, 2012

Ключников¹

2021

Lex Russica

View full text Add to dashboard Cite

With the development of technical capabilities for the exploration and exploitation of the continental shelf, the desire of coastal states to expand the area of their jurisdiction in the "underwater territory" (the territory of the seabed) increased. Thanks to the activism of the judges of the International Tribunal for the Law of the Sea, the concept of the continental shelf for the purposes of international maritime law has been significantly developed. As a result, the coastal states signatories to the 1982 Convention on the Law of the Sea were able to establish the outer limit of the continental shelf, which, under certain conditions, can extend even beyond 350 nautical miles from the baseline.Disputes between states on the continental shelf mainly arise in connection with the need to distinguish between marine areas rich in sources of living and non-living resources. In such cases, it may be necessary to delineate the continental shelf between adjacent States (with a common border) or located opposite each other, i.e. their delimitation under article 83 of the Convention on the Law of the Sea. The subject of the dispute is the external legal boundary of the continental shelf of the state, where it extends beyond 200 nautical miles from the baseline of that state (the continental shelf beyond 200 nautical miles), adjoins the area that is the common heritage of mankind, outside the jurisdiction of any of the states.On the issue of determining the limits of the continental shelf beyond 200 nautical miles, the decision of the International Tribunal for the Law of the Sea of 14.03.2012 "On delimitation of maritime boundary between Bangladesh and Myanmar" is of a precedent value, since no international court has previously addressed this issue.

show abstract

Some International Legal Issues in the Development and Transfer of Marine Technologies

Anisimov

2022

Mosc. j. int. law

View full text Add to dashboard Cite

INTRODUCTION. In the second half of the 20th century, the expert was faced with a number of urgent tasks, in particular: ensuring access of states to living and nonliving resources of the World Ocean, protecting marine ecology, expanding the jurisdiction of states-states and delimiting maritime spaces. These problems became the official reason for convening the III Conference on the Law of the Sea. Also on the agenda of this conference is the issue of the transfer of marine technology. In the course of lengthy negotiations on the elaborated part XIV "Development and transfer of marine technologies" of the Convention on the Law of the Sea, which is used by the international legal regime for the transfer of marine technology. The author examines various international legal aspects of the problem of transfer of marine technologies, the importance of this institution for the international community. The purpose of the presented study is a comprehensive analysis of the international legal regime for the development and transfer of marine technologies based on the study of the relevant international legal acts and documents, identification of international legal problems. The main tasks are: identification of the prerequisites for the need for international legal regulation of the development and transfer of marine technologies, analysis of the provisions of the relevant international legal acts, consideration of the mechanism for the transfer of marine technologies developed by the UNESCO Intergovernmental Oceanographic Commission.MATERIALS AND METHODS. The basis of this study is the provisions of international legal acts in the field of maritime law, documents of the UNESCO Intergovernmental Oceanographic Commission in the field of transfer of marine technologies, as well as the works of domestic and foreign experts in the field of maritime law. Comparative legal analysis, formal legal, formal logical and systemic methods, methods of analysis and generalization were used as the main research methodology.RESEARCH RESULTS. As a result of the presented study, the prerequisites for the international legal regulation of the development and transfer of marine technologies were identified, the delineation of the areas of regulation of the UN Convention on the Law of the Sea, the Agreement on the Implementation of Part XI of the UN Convention on the Law of the Sea and the UNESCO IOC Criteria and Guidelines for the Transfer of Marine Technologies. A detailed analysis of the modern international legal regime for the development and transfer of marine technologies and the transfer mechanism developed by the UNESCO Intergovernmental Oceanographic Commission was carried out. A number of problems in the international legal regulation of this area have been identified, and ways to improve the efficiency of such regulation have been proposed.DISCUSSION AND CONCLUSIONS. In the course of the study, the author concludes that the mechanism of international legal regulation of the development and transfer of marine technologies needs further improvement, and the UNESCO Intergovernmental Oceanographic Commission Criteria and Guidelines for the Transfer of Marine Technologies require appropriate amendments and additions. The author not only identifies specific problems of the international legal regime for the development and transfer of marine technologies, but also suggests ways to solve them.

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

hi@scite.ai

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

The Concept of Common Heritage of Mankind in Terms of International Tribunal for the Law of the Sea

Cited by 3 publications

References 0 publications

The Geostationary Orbit in the Light of the Common Heritage of Mankind (International Legal Aspects)

The Geostationary Orbit in the Light of the Common Heritage of Mankind (International Legal Aspects)

On Delineation of the Continental Shelf: Decision of the International Tribunal for the Law of the Sea on Delimitation of the Maritime Boundary between Bangladesh and Myanmar, 2012

Some International Legal Issues in the Development and Transfer of Marine Technologies

Contact Info

Product

Resources

About