@incollection{01GSAG1MVTR7XCBACR0TQ47AKJ,
  abstract     = {{Together with its mineral resources, ‘the Area’ – comprising the seabed and subsoil beyond the boundaries of national jurisdiction – is designated as the ‘common heritage of mankind’. This abstract concept, indirectly derived from the legal notion of ‘res communis’, provided a solution for several issues surrounding the anticipated exploration and exploitation of the deep seabed resources. Indeed, it reconciles the conflicting ambitions of exploitation and conservation and serves to avoid a ’tragedy of the commons’ scenario, as the absence of an specific management regime would pose a significant risk of unbridled exploitation and drastic ecological decline. Nevertheless, one of the predominant motivations behind the principle of the common heritage of mankind was to ensure fair sharing of the benefits derived from the Area by preventing a first-come first-serve race to the bottom of the ocean, which would mainly entitle developed nations – possessing the necessary expertise, technology and financial means to engage in deep sea mining – to the mineral resources of the deep seabed and would exclude most developing states from these economic opportunities. This important objective ought to be implemented through a number of mechanisms (including the establishment of the Enterprise, the system of reserved areas and the adoption of equitable sharing procedures), but most of these have not yet been operationalized by the International Seabed Authority or seem to be undermined by current developments. This reveals an apparent imbalance between two of the main ambitions associated with the common heritage of the mankind: while the prominent focus on marine environmental protection and the widespread scrutiny in this regard is appropriate, since the precise impact of seabed mining on deep sea ecosystems remains largely unknown and is a major concern, the seeming neglect of the interests of developing states in the Area and the lack of urgency to address these issues should not be overlooked.}},
  author       = {{Willaert, Klaas}},
  booktitle    = {{The evolution of the law of the sea : celebrating AssIDMer’s 20th anniversary}},
  editor       = {{Caligiuri, Andrea and Cataldi, Giuseppe and Ros, Nathalie}},
  isbn         = {{9791259765598}},
  keywords     = {{law of the sea,deep sea mining,International Seabed Authority,common heritage of mankind,developing states}},
  language     = {{eng}},
  pages        = {{165--174}},
  publisher    = {{Editoriale Scientifica}},
  series       = {{Cahiers de l’Association Internationale du Droit de la Mer}},
  title        = {{The forgotten aspect of the common heritage of mankind : the interests of developing states within the context of deep sea mining in the Area}},
  url          = {{https://www.assidmer.net/doc/AssIDMer_Cahiers_vol11_2023.pdf}},
  volume       = {{11}},
  year         = {{2023}},
}