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Common heritage of mankind
Common heritage of mankind (also termed the common heritage of humanity, common heritage of humankind or common heritage principle) is a principle of international law which holds that defined territorial areas and elements of humanity's common heritage (cultural and natural) should be held in trust for future generations and be protected from exploitation by individual nation states or corporations.
==Origins==
Immanuel Kant in his essay ''Toward Perpetual Peace'' claimed that the expansion of hospitality with regard to "use of the right to the earth's surface which belongs to the human race in common" would "finally bring the human race ever closer to a cosmopolitan constitution".〔Immanuel Kant. 'Toward Perpetual Peace' in Practical Philosophy-Cambridge Edition of the Works of Immanuel Kant. Gregor MJ (trans.). Cambridge University Press, Cambridge. 1999. p 329 (8:358).〕 The concept of ''Common Heritage of Mankind'', however, was first mentioned in the preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict〔Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague 14 May 1954 http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html accessed 3 August 2012.〕 and specifically enunciated as an obligation under international law in the Outer Space Treaty of 1967.〔Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, Jan. 27, 1967, 18 U.S.T. 2410, 610 U.N.T.S. 205〕 Some initial provisions of that treaty state:
The concept of ''common heritage of mankind'' also appears in the Moon Treaty. Article 11 states that “()he Moon and its natural resources are the common heritage of mankind”.〔Agreement Governing Activities of States on the Moon and Other Celestial Bodies art. 1, Dec. 17, 1979, 18 I.L.M. 1434〕 The Antarctic Treaty, though it does not mention the principle expressly, states in its preamble that its primary purpose is to ensure “in the interest of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord”. 〔Antarctic Treaty art. VI., Dec. 1, 1959, 12 U.S.T. 794, 402 U.N.T.S. 72.〕
The concept of 'Mankind' is also mentioned in other outer space treaties.〔The 1972 Convention on International Liability for Damage Caused by Space Objects, Mar. 29, 1972, 24 U.S.T. 2389, 961 U.N.T.S. 187 (entered into force Sept. 1, 1972) and the 1975 Convention on Registration of Objects Launched Into Outer Space, Jan. 14, 1975, 28 U.S.T. 695, 1023 U.N.T.S. 15 (entered into force Sept. 15, 1976)〕 'Mankind' as a subject in international law also appears in the Preamble of the United Nations Charter, the Preamble of the North Atlantic Treaty (1949) and the Treaty on the Non-Proliferation of Nuclear Weapons (1968).
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