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© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_9
The Interpretative Value of the Principle
of the Common Heritage of Mankind
and the Interests and Needs of Developing
Countries in the United Nations
Convention on the Law of the Sea
Enrico Zamuner
Abstract This chapter examines the principle of the common heritage of mankind
by emphasizing its inherent development-oriented nature and the key role it plays in
the interpretation of the UN Convention on the law of the sea. The special consideration for the interests and needs of developing countries is a constitutive element of
the legal regime of the Area and can be regarded as an essential basis for their consent to be bound by the Montego Bay Convention and the 1994 Implementation
Agreement. From this perspective, the chapter provides a critical reappraisal of the
Advisory Opinion of the Sea Bed Disputes Chamber of the International Tribunal of
the Law of the Sea on Responsibilities and obligations of States with respect to
activities in the Area. Focusing on the assessment by the Tribunal of Articles 140
and 148 of the UN Convention on the law of the sea, the Author rises some doubts
about the resulting restrictive interpretation given in this context to the interests and
needs of developing countries which seems to conflict with the wording and meaning of these provisions and might hamper the pursuit of one of the main purposes of
the Convention.
E. Zamuner (*)
University of Padova, Department of Political Science, Law and International Studies,
Padova, Italy
e-mail: enrico.zamuner@unipd.it
© Springer Nature Switzerland AG 2019
A. Del Vecchio, R. Virzo (eds.), Interpretations of the United Nations
Convention on the Law of the Sea by International Courts and Tribunals,
https://doi.org/10.1007/978-3-030-10773-4_9
The Interpretative Value of the Principle
of the Common Heritage of Mankind
and the Interests and Needs of Developing
Countries in the United Nations
Convention on the Law of the Sea
Enrico Zamuner
Abstract This chapter examines the principle of the common heritage of mankind
by emphasizing its inherent development-oriented nature and the key role it plays in
the interpretation of the UN Convention on the law of the sea. The special consideration for the interests and needs of developing countries is a constitutive element of
the legal regime of the Area and can be regarded as an essential basis for their consent to be bound by the Montego Bay Convention and the 1994 Implementation
Agreement. From this perspective, the chapter provides a critical reappraisal of the
Advisory Opinion of the Sea Bed Disputes Chamber of the International Tribunal of
the Law of the Sea on Responsibilities and obligations of States with respect to
activities in the Area. Focusing on the assessment by the Tribunal of Articles 140
and 148 of the UN Convention on the law of the sea, the Author rises some doubts
about the resulting restrictive interpretation given in this context to the interests and
needs of developing countries which seems to conflict with the wording and meaning of these provisions and might hamper the pursuit of one of the main purposes of
the Convention.
E. Zamuner (*)
University of Padova, Department of Political Science, Law and International Studies,
Padova, Italy
e-mail: enrico.zamuner@unipd.it