The Recent Development Challenges 0f Implementing UNCLOS 1982’s Common Heritage of Mankind
Penulis/Author
Prof. Dr. Marsudi Triatmodjo, S.H., LLM. (1); Dr. Agustina Merdekawati, S.H., LL.M. (2)
Tanggal/Date
1 2022
Kata Kunci/Keyword
Abstrak/Abstract
The Common Heritage of Mankind (CHM) principle was adopted in UNCLOS 1982 to prevent monopoly of the Area utilization by developed countries. Applying the principle has been challenging and would only get even more challenging during the economic globalization era. There have been rapid changes within the structure of the international community, posing challenges to the implementation of the CHM principle in the area. This paper aims to elaborate on these challenges in the economic globalization era. The research identified that the economic globalization era posed some new and enhanced challenges in applying the principle in the area, questioning its relevance. These challenges are the shifting interests of some developing countries and the increased pressure to obtain more mineral resources to accelerate the conversion to green technologies. The research concluded that the international community is faced with two choices, either to maintain the application of the CHM principle without taking further compromising steps to maximize the goal of achieving the welfare of humanity or re-adjusting the operationalization of the CHM principle in UNCLOS 1982 to adapt to changes in the international community in the era of economic globalization.
