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1

Bird, Charles. "Can Space Resources and Common Heritage Be Successful Intertwined? A Historical Analysis of the Sea and Space." AUC IURIDICA 71, no. 1 (2025): 143–57. https://doi.org/10.14712/23366478.2025.8.

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This paper addresses the coming need for a regime governing space resources and the existing concept of “Common Heritage of All Humankind”. In the first section the concept of “province of all mankind” found in the Outer Space Treaty is analyzed. This is followed by examining how the concept of common heritage of all mankind developed in connection to the Convention on the Law of the Sea and resources located on the seabed. Following its use in the Moon Agreement and the U.S. Artemis Accords are addressed in relation to the Moon Agreement. Finally, the recent Law of the Sea Convention Agreement concerning marine genetic materials is examined. The author concludes with recommendations for a future space resources regime.
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2

Chi, Eric Nnadozie, and Sule Ibrahim. "The Principle of Common Heritage of Mankind in the Law of Outer Space." Law and Humanities Quarterly Reviews 1, no. 4 (2022): 64–75. https://doi.org/10.31014/aior.1996.01.04.35.

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Nomadic primitive men were in constant quest for food and water. With sparse population, they rarely encountered other humans. Chance meetings were greeted with confrontations over food and water, the basic essentials for survival. With the passage of time, life became easier when humans transited from hunting to farming. No longer in perpetual pursuit of food and water, civilization and property ownership commenced. Prior to the advent of international law, conquering land seemed simple: the fittest survived and won the land. The victor’s flag flapped majestically in the air above the conquered territory as a symbol of acquisition. No rules existed to ensure fairness. Superior armies seized land or those skilled in the exploration declared new unoccupied areas for their kingdoms. For a millennium, homo sapiens followed this savagery and barbaric “first in time, first in right” rule of property ownership. Haven conquered the earth, the inordinate expansionist tendencies of man have shifted his attention to the outer space, an area devoid of the obnoxious “first in time, first in right rule”. Rather, the order of the day in this sphere is the doctrine of “common heritage and province of mankind”. What is it all about? What is the genesis of the doctrine? Is it absolute and sacrosanct? Or is it a case of all animals are equal, but some are more equal than others”. All these will be unraveled as we explore the topic in this exercise.
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3

Daulay, Zainul, Ferdi, and Atika Thahira. "A Strategy for preventing coastal degradation due to mangrove logging on the coast of Bintan Island, Indonesia to prevent shallowing of the strait by applying international principles: The common heritage of mankind." BIO Web of Conferences 70 (2023): 05003. http://dx.doi.org/10.1051/bioconf/20237005003.

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Mangroves are important as a green belt for coastal areas. Mangrove logging is causing coastal degradation due to logging mangroves for land clearing. This study employs a qualitative and empirical legal method to analyze the issues that need addressing in this study on law enforcement in preventing coastal degradation caused by mangrove cutting in coastal Bintan, Indonesia, to prevent siltation of waters and straits through the application of the principle of the common heritage of mankind, so that marine and coastal sustainability can be realised. From the national data, the distribution of mangrove forests in Riau Islands Province is 68,417 ha, 37.000 hectares have been damaged, and at least 37 thousand ha have been destroyed. In addition, mangrove degradation, including logging, leads to problems of sea silt, which can negatively impact upstream agriculture and estuarine agriculture. The principle of shared heritage of mankid must be implemented in the mangrove region. Therefore, coastal mangrove must be conserved in order to prevent destruction and the shallowing of the sea or strait.
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4

Jovic-Lazic, Ana. "Protection of cultural heritage in Kosovo and Metohija." Medjunarodni problemi 56, no. 4 (2004): 465–89. http://dx.doi.org/10.2298/medjp0404465j.

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The author analyses the significance of the rich cultural heritage in Kosovo and Metohija as well as the consequences of its destruction and ruining. Along with this, she takes into consideration the international standards of protection of the cultural heritage in the world. Development of these standards is manifested in increasingly broad implementation of the existing and adoption of new international conventions whose goal is to protect as comprehensively as possible the cultural heritage of the mankind. The author gives a survey of the most important conventions adopted by the UNESCO and the Council of Europe, pointing to the significance of implementation of the Hague Convention and its 1999 Second Protocol introducing the international criminal responsibility for the persons who violate or order violations of the protected cultural property. The paper presents historical, esthetical archaeological, ethnological, scientific and some other values of the cultural heritage in Kosovo. By its characteristics, these values speak of the presence of various religions and civilisations here, while the value of the cultural property in Kosovo and Metohija is far from being merely local and regional. This fully applies to the significance of the cultural monuments of the Serbs. Since Kosovo is under a special international protectorate, UNMIK is also in charge of the preservation of the cultural heritage, what is in accordance with the Resolution 1244 of the Security Council. Also the Joint Document of UNMIK and FRY (November 2001), the chapter on protection of the cultural property confirms the willingness to implement the relevant provisions of the Hague Convention (1954) on protection of the monuments of culture and cultural property. Apart from this, the author points out that the Constitutional Framework for Provisional Self-Government in Kosovo (May 2001) provides for the obligation of the Provisional Institutions of Kosovo to create conditions in order to enable the communities to preserve, protect and develop their identities also pointing to the their duty to work on promotion and preservation of the cultural heritage of all communities with no discrimination. However, in spite of the presence of the international forces in Kosovo and Metohija that should guarantee the implementation of the above mentioned documents and the international standards set by the UNESCO and the Council of Europe destruction of the Serb monuments of culture had not been prevented, and it was particularly prominent in the wave of violence in March 2004. In those events were also destroyed several dozens of Orthodox churches and monasteries, what was noted in the joint statement made by the Council of Europe and European Commission as well as in the report submitted by the UNESCO. The paper also analyses the international programmes of cultural heritage protection in Kosovo, pointing to the basic conclusions and proposals submitted by the missions of the UNESCO, Council of Europe and European Commission that visited Kosovo and Metohija several times. They point out that the violation of international standards in Kosovo is reflected in the deliberate destruction as well as the lack of any protection measures of the monuments from further ruining that results from not taking care of them. Destruction of the religious and cultural heritage is one of the ways for manifesting hostilities as well as the methods for "erasing" the evidence on the historical presence of the people in Kosovo. Apart from this, the author points out that the bad conditions of the cultural heritage in Kosovo also result from the involvement of the international organisations, both governmental and non-governmental, that in this field has often been partial and with no defined programmes and priorities. The author takes a critical consideration of the insufficient involvement of the Serbian authorities in this field, what is, among other things, reflected in the lack of elaborated programme of activities non-coordination and lack of continuity in their work. The author points to the impact of the violence committed in March 2004, as well as on the further work and composition of the international missions, this above referring to the common mission of the Council of Europe and European Commission. These events have in a brutal way drawn attention to the real picture of the bad conditions of the Serb cultural heritage in Kosovo and Metohija, after which the restoration of the destroyed and protection of the remaining monuments of the Serb culture has gained a more important role in involvement of the international community in this field. This role implies above all, involvement of the representatives of the Serb community in the work of the organs and bodies established by the Council of Europe and European Commission with the aim of restoring the monuments of culture of religious character. The article also gives a survey of the measures that SM and Serbia, itself, have already taken or are going to take for the purpose of protecting cultural property in the Province. According to the author's conclusion, in order to apply comprehensive and efficient measures of restoration of the destroyed and damaged monuments of culture and protection of the remaining ones in Kosovo and Metohija it is necessary to, with no delay, ensure the co-ordination of activities of the international and domestic bodies and organisations in order to prevent the irretrievable loss of the rich cultural heritage.
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5

Lodge, Michael W. "The Common Heritage of Mankind." International Journal of Marine and Coastal Law 27, no. 4 (2012): 733–42. http://dx.doi.org/10.1163/15718085-12341248.

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Abstract One of the key features of the 1982 UN Convention on the Law of the Sea is its recognition that the seabed and its resources beyond national jurisdiction are the common heritage of mankind. Part XI of the Convention gives precise legal meaning to this term. The International Seabed Authority is responsible for implementing the common heritage principle. Since the Authority was established in 1994, a comprehensive legal regime for the Area has been established. Despite initial problems, the international machinery for the administration of this regime is functioning well. The Authority has made good progress, on the basis of the evolutionary approach set out in the 1994 Agreement, in elaborating a regulatory regime for access to the resources of the Area. Much more work remains to be done, however; in particular, if the economic benefits of the common heritage are to be realized.
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6

Sitompul, Mhd Nasir. "Implementation of the Principle of Common Heritage of Mankind According to the UN Convention on the Law of the Sea of 1982." International Asia Of Law and Money Laundering (IAML) 3, no. 2 (2024): 113–17. http://dx.doi.org/10.59712/iaml.v3i2.93.

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Common Heritage of Mankind is a principle in the International Law of the Sea system where the principle provides freedom of Natural Resources contained in the International Seabed or Seabed Area. The regulation of international law authorizes an international organization called the International Seabed Authority to carry out its role as supervision of the implementation of the principles of Common Heritage of Mankind in the International Seabed area. Article 136 of the International Convention on the Law of the Sea, Part XI of the Area states that “ the area and its resources are the common heritage of mankind”. In applying the principles of the Common Heritage of Mankind contained in Chapter XI UNCLOS 1982 was implemented under the Implementation Agreement 1994 which then established an international organization authorized to fully regulate and manage the resources that exist in the seabed and Deep Ocean where the common heritage of mankind on behalf of it acts.
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7

Anisimov, Igor Olegovich, and Elena Evgenyevna Gulyaeva. "THE COMMON HERITAGE OF MANKIND AND THE WORLD HERITAGE: CORRELATION OF CONCEPTS." Novos Estudos Jurí­dicos 27, no. 2 (2022): 282–97. http://dx.doi.org/10.14210/nej.v27n2.p282-297.

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Contextualizacíon: The issues of legal regulation of the concepts of common heritage of mankind and world cultural and natural heritage have been actively discussed in science and have been the object of close attention in practice for more than a decade, but by now the context of their consideration has noticeably changed.
 Objectives: This study focuses on the history of the emergence and development of the concept of the common heritage of mankind and the concept of world heritage. Particular attention is paid to the international legal regulation of both concepts and the analysis of their content. The article reveals the criteria and conditions for the universal value of the world heritage, gives a definition of the concepts of «common heritage of mankind» and «world cultural and natural heritage».
 Methodology: The research uses the inductive method and literature review.
 Result: It is concluded that the conclusion that any modifications and expansion of the scope of the concept of the common heritage of mankind can affect the approach to the concept of state sovereignty, thereby affecting the stability of the international legal order.
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8

Egede, Edwin. "The Common Heritage of Mankind and the Sub-Saharan African Native Land Tenure System: A “Clash of Cultures” in the Interpretation of Concepts in International Law?" Journal of African Law 58, no. 1 (2013): 71–88. http://dx.doi.org/10.1017/s0021855313000144.

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AbstractThe deep seabed beyond national jurisdiction and the seabed's resources have been declared the common heritage of mankind. There are however divergent views on exactly what the common heritage of mankind is. Does it connote joint management or common ownership of this spatial area? This article argues that culture is one of the relevant factors to be considered in understanding the interpretation given to the common heritage of mankind by sub-Saharan African states and that the role of culture cannot be ignored in appreciating how states interpret concepts in international law.
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9

Khatwani, Naman. "Common Heritage of Mankind for Outer Space." Astropolitics 17, no. 2 (2019): 89–103. http://dx.doi.org/10.1080/14777622.2019.1638679.

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10

RADZIVILL, Olexandr, Fedir SHULZHENKO, Ivan GOLOSNICHENKO, Valentyna SOLOPENKO, and Yuriy PYVOVAR. "International Legal and Philosophical Aspects of the New Protection Concept of the Common Heritage of Mankind." WISDOM 15, no. 2 (2020): 153–74. http://dx.doi.org/10.24234/wisdom.v15i2.330.

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The article is devoted to the systematize the characteristics of objects of the common heritage of mankind, to study the historical origins and connections of the concept of the common heritage of mankind with other legal categories and worldview systems, to determine the prospects of application of the concept in its legal and worldview aspects. The work is based on a set of approaches united in sociological legal consciousness, primarily historical, communicative and psychological ones, and on the methodological basis of I. Kant’s philosophy. The concept of the common heritage of mankind in the context of trans-historical development of social consciousness as an important system-making factor of societies of macro-level scales for the first time is investigated in the research. Mankind should return to its social consciousness an intersubjective relation to its planetary natural environment, that is, its inclusion in its multilevel diversity and recognition of its “subjectivity”, if not in a legal sense, then in the awareness of its complexity, self-regulatory properties, the need for its constant cognition in feedback mode – this idea should be the main new concept of protection of the common heritage of mankind.
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11

Khong, Dennis Wye Keen, and Su Wai Mon. "ARTIFICIAL INTELLIGENCE AS A COMMON HERITAGE OF MANKIND." UUM Journal of Legal Studies 14, no. 1 (2023): 113–39. http://dx.doi.org/10.32890/uumjls2023.14.1.5.

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Artificial intelligence technologies today employ techniques known as machine learning and deep learning, which apply datasets to a suitable mathematical or statistical technique known as an algorithm. This in turn produces a model that can be employed to predict an outcome, given a new set of data that was previously unseen by the model. The principle of common heritage of mankind, which has originated in the 19th century, promotes the concept that humanity as a whole has rights and responsibilities over territories or outer space. This study aims to advance the concept of treating the components of artificial intelligence as an intellectual common in the form of a common heritage of mankind, in order to promote the discovery and the development of more novel artificial intelligence applications for the benefit of people around the world. This work employs a mix of legal doctrinal research related to intellectual property law and conceptual theoretical discussion. The potential application of open access and open data licensing is discussed. The history of the common heritage of mankind is covered, and the potential benefit of recognizing basic artificial intelligence components as a common heritage of mankind is explored. Finally, a novel method for implementing this idea is proposed. This work is significant in advancing a method to liberate certain artificial intelligence technologies from intellectual property rights protection, in order to promote greater experimentation and the development of artificial intelligence applications for the greater good of humanity.
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12

Kiss, Alexandre. "The Common Heritage of Mankind: Utopia or Reality?" International Journal 40, no. 3 (1985): 423. http://dx.doi.org/10.2307/40202245.

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13

Denney, Chelsey. "Compromise, Commonhold and the Common Heritage of Mankind." International Institute of Space Law 63, no. 2 (2020): 197–212. http://dx.doi.org/10.5553/iisl/2020063002010.

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14

Kiss, Alexandre. "The Common Heritage of Mankind: Utopia or Reality?" International Journal: Canada's Journal of Global Policy Analysis 40, no. 3 (1985): 423–41. http://dx.doi.org/10.1177/002070208504000302.

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15

Tuerk, Helmut. "The common heritage of mankind after 50 years." Indian Journal of International Law 57, no. 3-4 (2017): 259–83. http://dx.doi.org/10.1007/s40901-018-0085-8.

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16

Li, Ying. "On the Legal Dilemma of Ownership and Exploitation Right of Outer Space and Its Resources and China's Solutions." Asian Social Science 18, no. 5 (2022): 14. http://dx.doi.org/10.5539/ass.v18n5p14.

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The principle of common heritage of mankind embodies the requirement of developing countries for the distribution of ownership of world resources (including outer space) that cannot be seized by some countries. The allocation of ownership under the principle of common heritage of mankind contributes to the equitable distribution and use of the world's resources across countries and generations. The principle of common heritage of mankind is essentially the ownership of resources. Facing the increasingly frequent activities in outer space as such, however, there is no chance for international laws to play their role in regulating those activities. The contracting system adopted in the early stage of China's reform and opening up could be used for tackling the dilemma faced by the utilization of outer space resources and the distribution of benefits.
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17

Evgenyevna Gulyaeva, Elena, and Igor Olegovich Anisimov. "The common heritage of mankind and the world heritage: correlation of concepts." Suprema - Revista de Estudos Constitucionais 2, no. 2 (2022): 27–49. http://dx.doi.org/10.53798/suprema.2022.v2.n2.a185.

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This article reviews the history of the emergence and development of the concept of the common heritage of mankind and the concept of world heritage. Particular attention is paid to the international legal regulation of both concepts and the analysis of their content. The article reveals the criteria and conditions for the universal value of the world heritage, gives a definition of the concepts of “common heritage of mankind” and “world cultural and natural heritage”. The authors examine the debate regarding the Artemis agreements, the concept of the common heritage of humanity, in relation to the concept of sustainable development. In the article, the authors pay attention to the lack of legal regulation towards marine genetic resources, marine biological resources, and human genome and space resources. The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal legal, comparative-legal, historical-legal and dialectical methods are applied. The authors found out that despite the fact of existence a list of the legal sources of international law towards concept of common heritage and world heritage still is incomplete and needs a revision.
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18

Kienko, E. V. "China’s stance towards the applicability of the common heritage of mankind governance regime to the Arctic." Journal of Law and Administration, no. 2 (October 26, 2018): 13–21. http://dx.doi.org/10.24833/2073-8420-2018-2-47-13-21.

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Introduction.The article provides an analysis of China’s tough stance towards the applicability of the governance regime of the common heritage of mankind to the Arctic referring to the Part XI of the United Nations Convention on the Law of the Sea, 1982, in the general context of contemporary inter­national law. Materials and methods.General scien­tific and private scientific methods of cogni­tion constitutes the methodological basis for the study. Results of the study.In the course of the study the author concludes that China’s current stance towards the governance regime of the International seabed area as the common heritage of mankind and towards the international maritime law as a whole should not have exclusively negative assessments as it was during the period of the confrontation between the Soviet Union and the People’s Republic of China in 1960-1980. Objectively the long-term interests of the People’s Republic of China and the Russian Fed­eration in the maintenance of international maritime law are aligned. However, a contemporary legal poli­cy of China differs from the policy stated at the Third United Nations Conference on the Law of the Sea. It became more focused on the promotion of China’s national interests in the Arctic, on the creation of the Area of the common heritage of mankind in the Arc­tic Ocean, even though none of the Arctic Coastal State advocate this stance. Conclusions.In this article the author balanc­es China’s arguments in favour of applicability of norms of the international law related to the com­mon heritage of mankind to the Arctic with the Arc­tic Coastal States’ arguments against it according to the doctrine in the sphere of the international law in which the legal concept of the common heritage of mankind is clarified. The author reveals reasons of China’s support of the concept of the common heri­tage of mankind initiated by the USA and China’s effort to broadly interpret it especially towards the Arctic in terms of the Arctic Coastal States’ stance towards this issue contained in the materials of the Third United Nations Conference on the Law of the Sea (1973 – 1982).
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Abdulla Abuzarli, Leyla. "PRINCIPLES OF THE LAW OF THE SEA CONCERNING THE PASSAGE REGIMES." SCIENTIFIC WORK 53, no. 04 (2020): 64–67. http://dx.doi.org/10.36719/aem/2007-2020/53/64-67.

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20

Siavash, Mirzaee. "Outer Space and Common Heritage of Mankind: Challenges and Solutions." RUDN JOURNAL OF LAW 21, no. 1 (2017): 102–14. http://dx.doi.org/10.22363/2313-2337-2017-21-1-102-114.

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21

Keyuan, Zou. "The Common Heritage of Mankind and the Antarctic Treaty System." Netherlands International Law Review 38, no. 02 (1991): 173. http://dx.doi.org/10.1017/s0165070x00003740.

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22

Strati, Anastasia. "Deep Seabed Cultural Property and the Common Heritage of Mankind." International and Comparative Law Quarterly 40, no. 4 (1991): 859–94. http://dx.doi.org/10.1093/iclqaj/40.4.859.

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23

Wu, Yangfan. "Why is the conservation of biological diversity a “common concern of humankind”?" Ecology, Environment and Conservation 28 (2022): S461—S463. http://dx.doi.org/10.53550/eec.2022.v28i08s.069.

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“Common area”, “common heritage of humankind” and “common concern of mankind” are the three concepts that define the rights and obligations of states in managing the common resources under international environmental law. I clarify why the conservation of biodiversity belongs to the “common concern of mankind”, and the resulting implications in defining the rights and obligations of states in biodiversity conservation. A state has sovereign rights over its biological resources, and other states have an obligation to admit this. Nevertheless, there are no absolute sovereign rights. The state has to use its biological resources in a sustainable way. The core implication is that states should cooperate in managing this issue of common concern.
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24

Ramakrishna, Kilaparti. "North-South Issues, Common Heritage of Mankind and Global Climate Change." Millennium: Journal of International Studies 19, no. 3 (1990): 429–45. http://dx.doi.org/10.1177/03058298900190030801.

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25

Joyner, Christopher C. "Legal Implications of the Concept of the Common Heritage of Mankind." International and Comparative Law Quarterly 35, no. 1 (1986): 190–99. http://dx.doi.org/10.1093/iclqaj/35.1.190.

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26

Van Hoof, G. J. H. "Legal Status of the Concept of the Common Heritage of Mankind." Grotiana 7, no. 1 (1986): 49–79. http://dx.doi.org/10.1163/187607586x00039.

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27

Merdekawati, Agustina, and Marsudi Triatmodjo. "Equity Interest Scheme’s Compatibility with the UNCLOS 1982’s Common Heritage of Mankind Principle." LAW REFORM 18, no. 1 (2022): 111–31. http://dx.doi.org/10.14710/lr.v18i1.43083.

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The Mining Code Exploration for polymetallic sulphides and cobalt-rich ferromanganese crusts provide options for exploration contractors to offer an equity interest in a joint venture with Enterprise. UNCLOS 1982 has never regulated the existence of such a scheme as a substitute for the obligation to submit reserved areas at the exploration stage. The presence of the equity interest scheme raises questions on its compatibility with the Common Heritage of Mankind (CHM) principle, especially with the aspect of equitable benefits sharing (EBS) to all mankind. This study aimed to assess the compatibility of the equity interest scheme with the CHM principle. The study was conducted normatively by analyzing equity interest scheme implementation associated with the norms in the CHM principle and UNCLOS 1982. The results showed that the equity interest scheme is compatible with the EBS aspects in the CHM principle by presenting the optimization of financial benefits for all mankind. The implementation of the equity interest scheme, even though it is contrary to the provisions of Annex III Article 1982, is a form of subsequent practice accepted by state parties. This study recommends that the relevant stakeholders reconsider the involvement of the Enterprise in the equity interest scheme based on financing efficiency.
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Fritz, Jan-Stefan. "Deep Sea Anarchy: Mining at the Frontiers of International Law." International Journal of Marine and Coastal Law 30, no. 3 (2015): 445–76. http://dx.doi.org/10.1163/15718085-12341357.

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For the first time, new sources of minerals are likely to be exploited in the deep seas in an area beyond national jurisdiction. Deep-sea mining encompasses the potential for cooperation and/or competition between the most technologically and economically advanced States and those aspiring to join this group. The community of States recognized this potential early on and signed new treaties, established new international institutions, and promised new levels of cooperation. Most importantly, they also set a standard according to which the exploration for and exploitation of these new resources are to be governed, namely in the context of the Common Heritage of Mankind. This article assesses what progress has been made in the past forty years on defining and implementing the Common Heritage of Mankind as a normative and legal framework for governing the exploration for and exploitation of marine minerals in the deep seas.
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Ruotolo, Gianpaolo Maria. "Abolish the Rules Made of Stone?" Italian Review of International and Comparative Law 1, no. 2 (2022): 246–75. http://dx.doi.org/10.1163/27725650-01020003.

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Abstract The article frames different international law approaches to Internet regulation through the study of some specific aspects, the legal consequences of the qualification of the Internet as common heritage of mankind/global public good, and the domain name system (dns) governance.
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Anisimov, Igor Olegovich, and Elena Evgenyevna Guliaeva. "LEGAL FRAMEWORK OF MARINE GENETIC RESOURCES: FILLING THE GAPS OF THE UNITED NATION CONVENTION ON THE LAW OF THE SEAS." Revista Opinião Jurídica (Fortaleza) 20, no. 34 (2022): 164. http://dx.doi.org/10.12662/2447-6641oj.v20i34.p164-179.2022.

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Objective: We seek to understand the definition of marine genetic resources and marine biological resources, placing it in the historical context of narratives of international law of the sea. We seek to look into the content of common heritage of mankind towards MGRs. We seek to analyze the international legal framework of extraction and use of MGRs while securing easy access to them in accordance with the concept of common heritage of mankind. We seek to investigate the international legal regulation of biopiracy in legal research. The authors consider the importance of necessity to fulfil the lack of the universal definition of biopiracy in relation to MGRs in International Law of the Sea.Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied.Results: We found out that for the first time ever, the legal protection of the intangible MGR heritage belonging to indigenous peoples and local communities is going to be universally fixed by maritime law. The law will also establish a special mechanism to control the concerned parties’ access to this knowledge. The traditional knowledge of indigenous peoples falls within the definition of intangible cultural heritage. This fact raises a question about an overlap between the future Agreement and the Convention for the Safeguarding the Intangible Cultural Heritage. Though the sphere that is going to be regulated by the future Agreement is very specific, many of its provisions build upon the previously adopted international legal instruments like the UN Convention on the Law of the Sea, the Convention on Biological Diversity, and the IOC Criteria and Guidelines on the Transfer of Marine Technology. Moreover, the scope of the Agreement might overlap with the scope of other international instruments, which have nothing to do with marine law, marine ecology, and marine biodiversity, e.g. the Convention for the Safeguarding the Intangible Cultural Heritage. All the aforementioned aspects should trigger further studies of the legal framework of marine genetic and biological resources. The authors came to the conclusion to extend the concept of the common heritage of mankind to marine genetic resources and we found out the fact that the lack of international legal regulation of the extraction and use of marine genetic resources while securing facilitated access to them in accordance with the concept of the common heritage of mankind, which may lead to an increase in the commission of acts of biopiracy.Contributions: Following a review of the content, we raised possible problems, strategies, suggestions and guidelines for the marine genetic resources and biopiracy.The authors conclude that the implication of the principle of the common heritage of mankind to MGRs may further generate conflicts of law because it is impossible to imply this principle to the high seas. On top of it, the simplified access to MGRs together with the lack of protection of intellectual rights to MGRs and genetic information may result in the overexploitation of marine and oceanic resources as well as the spread of biopiracy. We also point out that it is necessary to find a balance between the freedoms of the high seas, the safeguard of MGRs, and the protection of intellectual property rights to genetic information or marine biotechnologies. The researches considered the distinction between the concepts of marine biological and marine genetic resources and revealed the problems of international legal regulation of the use of marine genetic resources. The authors conclude that generalization of the international legal framework for regulating the use of marine genetic resources needs legal improvement. The authors encourage the complement to the international legal regulation of the universal definition of marine genetic resources and biopiracy.
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Scovazzi, Tullio. "Mining, Protection of the Environment, Scientific Research and Bioprospecting: Some Considerations on the Role of the International Sea-Bed Authority." International Journal of Marine and Coastal Law 19, no. 4 (2004): 383–410. http://dx.doi.org/10.1163/1571808053310125.

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AbstractThe innovative concept of the common heritage of mankind is embodied in the 1982 LOSC for the seabed beyond the limits of national jurisdiction (the Area). It has been subsequently adapted to meet further political and economic realities. Despite the present uncertain situation, the mandate of the International Seabed Authority (ISBA) is already broader than it is commonly believed. The legal condition of the space (the Area), its being the common heritage of mankind, may have an effect also on matters and activities that (though different from minerals and mining activities) are located in that space. While bioprospecting is not specifically regulated by the UNCLOS, there is an inextricable factual link between the protection of the deep seabed environment (including its biodiversity), marine scientific research and bioprospecting. the ISBA, the principles that it represents, as well as its existing competences and responsibilities, need to be taken into consideration when States decide to fill the legal gap of bioprospecting. The role of the ISBA could be expanded in the future to meet new objectives under commonly agreed cooperative schemes.
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Campolo, Daniele. "The Cultural Landscape of the “Grecanic Area” and the Recovery of the Genius Loci of its Historical Centres." Advanced Engineering Forum 11 (June 2014): 464–69. http://dx.doi.org/10.4028/www.scientific.net/aef.11.464.

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The “Grecanic Area” in the province of Reggio Calabria is a region with an enormous heritage of great cultural value, surrounded by a still intact natural heritage, but now, despite some attempts to nominate the “Ellenofona Island” (ancient Greek - speaking area) in the List of the immense Cultural Heritage of mankind, this territory is not still considered despite of its value: it would be sufficient to focus mainly on the values ​​of the great cultural heritage and the natural heritage and on the “genius loci” of the historic centres of the “Grecanic Area”. The aim of this paper is to highlight how the protection and enhancement of these assets could contrast phenomena of emigration and depopulation of the inland areas and the socio-economic disintegration in favour of a re-appropriation of the cultural identity of an area that has remained virtually unchanged for many centuries. Starting from the new discovery of the "genius loci" of the ancient historic villages in the Grecanic Area, the conservation and the enhancement of natural and great heritage allows to pursue a sustainable development, using local resources as a “visiting card” of the territory, the natural landscape and the wildlife heritage.
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Yu, Jia, and Wu Ji-Lu. "The Outer Continental Shelf of Coastal States and the Common Heritage of Mankind." Ocean Development & International Law 42, no. 4 (2011): 317–28. http://dx.doi.org/10.1080/00908320.2011.619366.

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34

Mickelson, Karin. "Common Heritage of Mankind as a Limit to Exploitation of the Global Commons." European Journal of International Law 30, no. 2 (2019): 635–63. http://dx.doi.org/10.1093/ejil/chz023.

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Abstract This contribution to the symposium on the economic exploitation of the commons focuses on the question of whether and to what extent the principle of the common heritage of mankind (CHM) imposes environmental limits on economic exploitation of the global commons. Focusing on the need to go beyond a unidimensional assessment of the principle, it considers how CHM was originally envisaged, the form it took in the deep seabed regime, in particular, how its role in that regime has developed over time and how it has been utilized as a basis for advocacy. It concludes with an assessment of CHM’s limitations and strategic advantages.
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Merdekawati, Agustina, Marsudi Triatmodjo, and Irkham Afnan Trisandi Hasibuan. "THE RECENT CHALLENGED DEVELOPMENT TO IMPLEMENT UNCLOS 1982'S COMMON HERITAGE OF MANKIND." Mimbar Hukum 34, no. 1 (2022): 1–31. http://dx.doi.org/10.22146/mh.v34i1.4000.

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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. Abstrak Prinsip Common Heritage of Mankind (CHM) diadopsi dalam UNCLOS 1982 untuk mencegah monopoli pemanfaatan Kawasan Dasar Laut Internasional (Kawasan) oleh negara-negara maju. Penerapan prinsip CHM merupakan sebuah tantangan dan akan menjadi lebih menantang dalam era globalisasi ekonomi. Terdapat perubahan dalam struktur masyarakat internasional, yang akan menimbulkan tantangan bagi penerapan prinsip CHM. Penelitian ini bertujuan untuk menguraikan tantangan- tantangan tersebut di era globalisasi ekonomi. Hasil penelitian menunjukkan bahwa era globalisasi ekonomi memunculkan beberapa tantangan yamg baru dan lebih menantang dalam penerapan prinsip CHM di Kawasan, mempertanyakan relevansinya. Tantangan tersebut adalah pergeseran kepentingan beberapa negara berkembang dan meningkatnya tekanan untuk memperoleh lebih banyak sumber daya mineral guna mempercepat konversi ke teknologi ramah lingkungan. Penelitian menyimpulkan bahwa komunitas internasional menghadapi dua pilihan, yakni antara tetap mempertahankan penerapan prinsip CHM tanpa mengambil kompromi lebih lanjut untuk memaksimalkan potensi manfaat bagi seluruh umat manusia, atau menyesuaikan penerapan prinsip CHM dalam UNCLOS 1982 sebagai respons terhadap perubahan yang terjadi di komunitas internasional dalam era globalisasi ekonomi.
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MGBEOJI, IKECHI. "Beyond Rhetoric: State Sovereignty, Common Concern, and the Inapplicability of the Common Heritage Concept to Plant Genetic Resources." Leiden Journal of International Law 16, no. 4 (2003): 821–37. http://dx.doi.org/10.1017/s092215650300147x.

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Until the emergence of the Convention on Biological Diversity in 1992 and the FAO Treaty on Plant Genetic Resources in 2001, opinion had hardened in some quarters that the principle of a common heritage of mankind regulated international transfer of plant genetic resources. By a historical analysis of customary international law in the colonial age and the recent pedigree of the principle of common heritage, this article points out the fallacies in such arguments and contends that plants have always been subject to various national jurisdictions. It has to be conceded, however, that contemporary developments in the field of international law relating to plant genetic resources foretell the emergence of a regime of multilateral relationships governing access to plant genetic resources. If it is to depart from its unfortunate history, such a regime of multilateral co-operation would have to pay serious regard to the issue of equitable access to and sustainable use of plant genetic resources.
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Jaeckel, Aline. "Benefitting from the Common Heritage of Humankind: From Expectation to Reality." International Journal of Marine and Coastal Law 35, no. 4 (2020): 660–81. http://dx.doi.org/10.1163/15718085-bja10032.

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Abstract The international seabed ‘Area’ and its mineral resources are the common heritage of mankind and must be administered for the benefit of humankind as a whole. Yet the vision of the benefits to be reaped from the Area has changed over the years. The common heritage concept encapsulates seemingly conflicting developmental, commercial, and ecological imperatives. With seabed mining edging closer to becoming a reality, there is a need to analyse these imperatives and the range of benefits that humankind can (and in some cases already does) derive from the Area. This article critically discusses six categories of benefits that are relevant to seabed mining and assesses them against historical expectations. These are wealth generation and redistribution, advancement of developing States, security of mineral supply, ecosystem services, scientific knowledge, and other uses of the Area.
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Merdekawati, Agustina, Marsudi Triatmodjo, Irkham Afnan Trisandi Hasibuan, Vivin Purnamawati, and Nahda Anisa Rahma. "ARTI PENTING COMMON HERITAGE OF MANKIND DALAM REZIM PENGATURAN AREA DAN PERKEMBANGANNYA [The Importance of the Common Heritage of Mankind Principle in the Regulation of the Area Regime and Its Development]." Law Review 21, no. 3 (2022): 279. http://dx.doi.org/10.19166/lr.v0i3.4198.

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<p><span lang="IN">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. </span></p><p><strong>Bahasa Indonesia Abstrak: </strong>Kehadiran UNCLOS 1982 membawa pembaharuan dalam hukum laut internasional dengan mengadopsi prinsip <em>Common Heritage of Mankind</em> (CHM) dalam rezim pengaturan baru untuk <em>Area</em>. Rezim pengaturan <em>Area</em> berlaku terhadap pemanfaatan sumber daya mineral pada dasar laut dan lapisan tanah di bawahnya yang berada di luar batas-batas wilayah yurisdiksi negara. Prinsip CHM<em> </em>mengatur bahwa aktivitas pemanfaatan harus membawa kemanfaatan bagi seluruh umat manusia. Masih terdapat perbedaan pendapat mengenai definsi dan lingkup prinsip CHM bahkan dalam konteks hukum laut. Perkembangan pemanfaatan <em>Area</em> mencakup sumber daya genetik menimbulkan pertanyaan mengenai sejauh mana sumber daya dapat disebut suatu CHM. Penelitian ini mengkaji filosofi dari prinsip CHM di luar konteks UNCLOS 1982 untuk memperdalam pemahaman atas prinsip tersebut dan dampaknya terhadap pemahaman pengaturan <em>Area</em>. Penelitian ini merupakan penelitian hukum normatif, dengan menggunakan data sekunder. Hasil penelitian menyimpulkan bahwa prinsip CHM berakar dari konsep <em>res communis</em> yang didorong oleh keinginan untuk menciptakan keadilan akses terhadap sumber daya alam. Sebagai konsep yang independen dari UNCLOS 1982, prinsip CHM dapat diterapkan terhadap sumber daya genetik di luar yurisdiksi negara di bawah instrumen hukum internasional tersendiri.</p>
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Xu, Xinwen, Xue Yang, and Chi Huang. "Common Values in the Community of a Shared Future." International Journal of Social Sciences and Public Administration 3, no. 1 (2024): 228–32. http://dx.doi.org/10.62051/ijsspa.v3n1.33.

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William Shakespeare, known as the "Zeus on Mount Olympus of human literature", has created a vast cultural treasure trove and a valuable spiritual heritage for the later generations. Taking Othello, one of Shakespeare's four great tragedies, as an example, this paper conducts a research on the social concepts such as racial discrimination, stereotyped thinking, human morality and other related issues in this work, and explores the common values reflected therein. Based on the research, this paper draws the conclusion that even under different ideologies, all countries in the world should bear the responsibility of building a community with a shared future for mankind.
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McAlister, Melani. ""The Common Heritage of Mankind": Race, Nation, and Masculinity in the King Tut Exhibit." Representations 54, no. 1 (1996): 80–103. http://dx.doi.org/10.1525/rep.1996.54.1.99p0329q.

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41

McAlister, Melani. ""The Common Heritage of Mankind": Race, Nation, and Masculinity in the King Tut Exhibit." Representations 54 (1996): 80–103. http://dx.doi.org/10.2307/2928693.

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42

Gupta, Arpit. "Property Rights and Sovereignty Within the Framework of the Common Heritage of Mankind Principle." International Institute of Space Law 63, no. 2 (2020): 121–32. http://dx.doi.org/10.5553/iisl/2020063002004.

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43

Zou, Keyuan, and Wenxian Qiu. "The Belt and Road Initiative and the Common Heritage of Mankind: Some Preliminary Observations." Chinese Journal of International Law 17, no. 3 (2018): 749–56. http://dx.doi.org/10.1093/chinesejil/jmy021.

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44

Jo, Dong-Joon. "The Evolution of the Common Heritage of Mankind in the Management of International Seabed." Korean Journal of International Relations 50, no. 4 (2010): 127–58. http://dx.doi.org/10.14731/kjir.2010.09.50.4.127.

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45

Rogojanu, Dumitru-Catalin. "Heritage and tourism charters (1976, 1999, 2022)." Studia Universitatis Moldaviae. Seria Ştiinţe Umanistice, no. 4(184) (October 2024): 74–79. http://dx.doi.org/10.59295/sum4(184)2024_08.

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At the broadest level, cultural and natural heritage belongs to all mankind, everybody having the right and responsibility to understand, appreciate and conserve their universal values, because the particular heritage and collective memory of each community are irreplaceable and an important basis for present and future development. In the conditions of increasing globalization, very rapid technologization, changes in the needs and expectations of tourists, tour operators offer visitors a series of programs that focus on movable and immovable, cultural and natural heritage, which sometimes, due to negligence or carelessness, they damage. In this sense, ICOMOS and other international organizations with a role in protecting the heritage have adopted a series of Tourism Charters to regulate both heritage and cultural tourism issues, as well as to educate and change the behavior of tourists towards these universal values, common assets at a global level.
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Isokaitė, Indrė. "TARPTAUTINIO JŪROS DUGNO TEISINIS REŽIMAS: BENDRO ŽMONIJOS PAVELDO KONCEPCIJA IR ,,NAUDOS“ PASKIRSTYMAS." Teisė 89 (January 1, 2013): 84–99. http://dx.doi.org/10.15388/teise.2013.0.1916.

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Straipsnyje nagrinėjamas tarptautinio jūros dugno teisinis režimas: bendro žmonijos paveldo koncepcija ir valstybių (įskaitant Lietuvos) dalyvavimo tiriant ir eksploatuojant šią jūros erdvę bei dalijantis iš jos gaunama ,,nauda“ galimybės. The Article provides the analysis of the regime of the International Seabed Area, mainly the concept of the common heritage of mankind and the prospects and opportunities for States’ (including Lithuania‘s) participation in exploring and exploiting this maritime zone and sharing the benefit gained therefrom.
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Tayade, S. K., and D. A. Patil. "Philological Investigation of Some English Common Plant Names." Plantae Scientia 2, no. 2 (2019): 24–28. http://dx.doi.org/10.32439/ps.v2i2.24-28.

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This communication is aimed at the scientific study of the genesis and development of common plant names as used in the English language. Every human society, whether primitive or advanced has own vocabulary developed on their observations, experience, sentiments, dogmas and customs. Every human society tries to classify and name plants in his ambience and thereby mankind celebrates the biodiversity of his time. The present authors investigated total of 79 plant species belonging to 78 genera and 53 families of angiosperms, one species being a gymnosperm. They divulged as many as 13 bases on which the common plant names in English are coined. They obviously reveal the richness and heritage of English people. The knowledge and wisdom of ancient will be certainly helpful for human welfare
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Allaire, Suzanne. "Beckett : De La Parole Vaine Á Parole Neuve." Samuel Beckett Today / Aujourd'hui 17, no. 1 (2007): 158–74. http://dx.doi.org/10.1163/18757405-017001012.

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Speaking all the time and craving for silence all at once: this is the paradoxical situation of the beckettian hero. In this way Beckett defies the "old style" and the literary heritage. He also defies the space of representation as it is founded on the categories of the intelligible and the conventions of common sense. So this is a work in progress where we can distinguish a voice of extreme lucidity concerning the insoluble enigma of mankind.
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Mirzaee, Siavash. "The Geostationary Orbit in the Light of the Common Heritage of Mankind (International Legal Aspects)." Legal Concept, no. 1 (May 2018): 152–57. http://dx.doi.org/10.15688/lc.jvolsu.2018.1.25.

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Jaeckel, Aline, Jeff A. Ardron, and Kristina M. Gjerde. "Sharing benefits of the common heritage of mankind – Is the deep seabed mining regime ready?" Marine Policy 70 (August 2016): 198–204. http://dx.doi.org/10.1016/j.marpol.2016.03.009.

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