Common Heritage of Mankind Beyond Treaty Provisions: Customary or General Principle?
Penulis/Author
Dr. Agustina Merdekawati, S.H., LL.M. (1); Prof. Dr. Marsudi Triatmodjo, S.H., LLM. (2); IRKHAM AFNAN T H (3)
Tanggal/Date
30 2024
Kata Kunci/Keyword
Abstrak/Abstract
The Common Heritage of Mankind (CHM) has become a prevalent principle adopted in
international treaties governing objects and resources situated beyond national jurisdictions.
Despite this widespread adoption, it is still a subject of debate whether it constitutes something
more than a mere treaty provision that only binds state parties. This paper aims to analyze the
position of CHM in the sources of international law, with a focus on analyzing its existence as a
customary norm and a general principle of international law. There has been no international
dispute involving CHM, which leaves the question of its position in international law as it was
never clarified by international court judges. This paper seeks to explore whether it would be
legitimate for international courts to regard CHM as a law in settling disputes involving parties
that are not bound to the relevant international treaties adopting CHM. The research was done
normatively by assessing the historical and contemporary facts that could help clarify the position
of CHM in international law. The research finds that CHM can be regarded as both a customary
norm and a general principle of international law. CHM begins as a general principle rooted
from natural law, which is then followed by consistent practices and opinio juris, indicating its
acceptance as a customary norm. This paper argues that it would be legitimate for international
courts to regard CHM as a law in resolving disputes relating to CHM objects irrespective of the
parties’ involvement in the relevant international treaties
Rumpun Ilmu
Ilmu Hukum
Bahasa Asli/Original Language
English
Level
Internasional
Status
Dokumen Karya
No
Judul
Tipe Dokumen
Aksi
1
11 CHM Beyond Treaty IJIL.pdf
[PAK] Full Dokumen
2
Turnitin_Common Heritage of Mankind_Agustina Merdekawati.pdf
[PAK] Cek Similarity
3
Bukti Korespondensi_Common Heritage of Mankind_Agustina Merdekawati.pdf