Activities in the Area for the benefit of “mankind as a whole” – who is ‘mankind’?

What is it about?

This article critically examines the term ‘mankind’ to determine who are the beneficiaries of the ‘common heritage of mankind’ (CHM) principle in UNCLOS. With the prospective beginning of exploitation of the International Seabed (the Area) the question of benefit-sharing and the identity of the beneficiaries would become critical. Yet, this issue did not gain sufficient scholarly attention. The article seeks to fill this theoretical-legal gap. The paper supports the conclusion that the term ‘mankind’ in UNCLOS includes only states as the beneficiaries. This affects the competence of the International Seabed Authority (ISA) and the appropriate mechanisms concerning the distribution of the benefits.

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Why is it important?

Identification of the beneficiaries of deep sea mining affects the possibility of activities in the Area, the competence of the International Seabed Authority (ISA) and the appropriate mechanisms concerning the distribution of the benefits.