Arti Penting Common Heritage of Mankind dalam Rezim Pengaturan Area dan Perkembangannya
Penulis/Author
Dr. Agustina Merdekawati, S.H., LL.M. (1); Prof. Dr. Marsudi Triatmodjo, S.H., LLM. (2); IRKHAM AFNAN T H (3); VIVIN PURNAMAWATI (4); NAHDA ANISA RAHMA (5)
Tanggal/Date
1 2022
Kata Kunci/Keyword
Abstrak/Abstract
UNCLOS 1982 adopted the Common Heritage of Mankind (CHM) principle for the newly established Area regime. The Area regime governs the utilization of the minerals in the deep seabed and ocean floor and the subsoil thereof beyond the limits of national jurisdiction. The CHM principle requires the utilization of the Area to be carried out for the benefit of all mankind. There is no universally agreed-upon definition and scope of the CHM principle, even within the law of the sea sector. The utilization activities in the Area will soon expand to the use of genetic resources, which poses the question on whether the CHM principle should also apply. This research attempted to find the core philosophy of the CHM principle, independent from the UNCLOS 1982 provisions, to better understand its scope and meaning, and how it may impact our understanding of the Area regime. This study is normative legal research and utilized secondary data. The study concluded that the CHM principle has its roots from the res communis, adopted in response to the inability of the latter to ensure fair access to natural resources. The principle has its own independent character outside of UNCLOS 1982 and may be applied to govern the utilization of genetic resources outside states’ jurisdiction under a dedicated international legal instrument.
