The common heritage of humanity represents all the skills and achievements of the human race which are held to be shared by all. As a principle of international law, it holds that the defined territorial areas and elements of humanity's common heritage (cultural and natural) should be held in trust for future generations and be protected from exploitation by individual nation states or corporations. Some possible examples include global communication between individuals over the internet, the geostationary orbit and over the high seas.
Terminology The common heritage of humanity is also termed the general or common heritage of mankind,Holy See, Declaration on Christian Education, section 4, commune hominum patrimonium in the Latin text, published on 28 October 1965, accessed on 12 March 2026: common heritage of humankind or common heritage principle.
Origins In tracing the origins of the common heritage principle, it is important to distinguish its history as a term from its conceptual history. The common heritage principle was developed under different names, including common "heritage", common "property", and common "patrimony" of mankind. These terms have at times described different concepts; for instance, in 1813 the "property of mankind" might mean the arts and sciences, rather than items or areas. By the early 20th century, "common heritage" and similar terms usually referred to areas and the resources in them,; while other referents had become known under terms like "cultural heritage of all mankind", such as in the preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.
Conceptually, the common heritage arose in response to the Roman civil law principle of res communis, which described items or areas that anyone could access or use, but none could own. Common heritage instead described areas or items that were owned by humanity as a collective. For example, in his essay Toward Perpetual Peace, Immanuel Kant claimed that the expansion of hospitality with regard to "use of the right to the earth's surface which belongs to the human race in common" would "finally bring the human race ever closer to a cosmopolitan constitution".Immanuel Kant. 'Toward Perpetual Peace' in Practical Philosophy-Cambridge Edition of the Works of Immanuel Kant. Gregor MJ (trans.). Cambridge University Press, Cambridge. 1999. p 329 (8:358).
The first known use of Common Heritage of Mankind by a state representative in the United Nations, constituting state practice, was at the First UN Conference on the Law of the Sea by Prince Wan Waithayakon of Thailand in 1958. The role of 'mankind' as a legal subject was mentioned in negotiations for the 1967 Outer Space Treaty, and mentions of 'mankind' appear across the space treaties.UNGA Res 1962 (XVIII), 'Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space' UN Doc A/RES/1962(XVIII) (13 December 1963), The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, Jan. 27, 1967, 610 U.N.T.S. 205 (entered into force 10 October 1967), 1972 Convention on International Liability for Damage Caused by Space Objects, Mar. 29, 1972, 24 U.S.T. 2389, 961 U.N.T.S. 187 (entered into force Sept. 1, 1972) and the 1975 Convention on Registration of Objects Launched Into Outer Space, Jan. 14, 1975, 28 U.S.T. 695, 1023 U.N.T.S. 15 (entered into force Sept. 15, 1976) 'Mankind' as a subject in international law also appears in the Preamble of the United Nations Charter, the Preamble of the North Atlantic Treaty (1949) and the Treaty on the Non-Proliferation of Nuclear Weapons (1968).
Law of the Sea Treaty
In 1970, United Nations General Assembly Resolution 2749, the Declaration of Principles Governing the Seabed and Ocean Floor, was adopted by 108 nation states and stated that the deep seabed should be preserved for peaceful purposes and is the "Common Heritage of Mankind."G.A. Res. 2749 (XXV), ¶ 1, U.N. Doc. A/RES/25/2749 (Dec. 12, 1970).
In 1982, the Common Heritage of Mankind concept was stated to relate to "the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction" under Article 136 of the United Nations Law of the Sea Treaty (UNCLOS).United Nations Convention on the Law of the Sea art. 1, para. 1, Dec. 10, 1982, 1833 U.N.T.S. 397 [UNCLOS]
In his book titled Cries of the Sea: World Inequality, Sustainable Development and the Common Heritage of Humanity, Payoyo argues that the common heritage of humanity principle in Part XI of the Law of the Sea Treaty should favour developing states who were the voice of conscience in establishing it, and not merely in some transient 'affirmative action' manner.Payoyo PB. Cries of the Sea. World Inequality, Sustainable Development and the Common Heritage of Humanity. Martinus Nijhoff, The Hague. 1997 p 326. He claims, however, that the 1994 Implementation Agreement facilitated control by industrialised countries of the International Seabed Authority (ISA), allowing access by the private sector to the deep sea bed and inhibiting constructive dialogue on sustainable development.Payoyo PB. Cries of the Sea. World Inequality, Sustainable Development and the Common Heritage of Humanity. Martinus Nijhoff, The Hague. 1997 p458.
In July 2024, during the International Seabed Authority’s 29th General Assembly, Palau's President Surangel Whipps Jr., in his address entitled "Upholding the Common Heritage of Humankind," emphasized the importance of safeguarding the ocean from exploitation and modern-day colonialism.
Core conceptual components Former Maltese Ambassador Arvid Pardo, one of the founders of the common heritage of humanity concept under international law, has claimed that it challenges the "structural relationship between rich and poor countries" and represents a "revolution not merely in the law of the sea, but also in international relations". One of the main architects of the principle under international space law has claimed that it is "the most important legal principle achieved by man throughout thousands of years during which law has existed as the regulating element of social exchange".Cocca A., Introduction to the Study of the Legal Framework for Economic Activity in Space. Cordoba, 1982. p159 cited in This praise relates to the fact that international law in the common heritage of humanity principle is seeking to protect, respect and fulfill the interests of human beings independently of any politically motivated sovereign state; the concept covering all humans wherever they are living, as well as future generations.
Jennifer Frakes has identified five core components of the Common Heritage of Humanity concept. First, there can be no private or public appropriation; no one legally owns common heritage spaces. Second, representatives from all nations must manage resources contained in such a territorial or conceptual area on behalf of all since a commons area is considered to belong to everyone; this practically necessitating a special agency to coordinate shared management. Third, all nations must actively share with each other the benefits acquired from exploitation of the resources from the commons heritage region, this requiring restraint on the profit-making activities of private corporate entities; this linking the concept to that of global public good. Fourth, there can be no weaponry or military installations established in territorial commons areas. Fifth, the commons should be preserved for the benefit of future generations, and to avoid a "tragedy of the commons" scenario. Academic claims have been made that where the principle requires the establishment of an international resource management regime, prior to establishment of such a regime a moratorium on resource exploitation should be enforced. Such a position does not appear to have been supported by most states during the respective drafting negotiations.
+Limits of national (territorial) jurisdiction and sovereignty Outer space (including Earth orbits; the Moon and other celestial bodies, and their orbits) national airspace territorial waters airspace contiguous zone airspace international airspace land territory surface internal waters surface territorial waters surface contiguous zone surface Exclusive Economic Zone surface international waters surface internal waters territorial waters Exclusive Economic Zone international waters land territory underground Continental Shelf surface extended continental shelf surface international seabed surface Continental Shelf underground extended continental shelf underground international seabed underground
World Heritage Conventions
A similar principle of international law holds that the world's cultural and natural heritage (as nominated for listing by nation states) must be protected by states parties to the UNESCO World Heritage Convention.
A case study in the use of these provisions was provided by the Franklin Dam non-violent protest campaign against the construction of a dam of Australia's last wild river; they being held by the Australian High Court to provide a valid basis for legislation protecting the Franklin River. Justice Lionel Murphy wrote in that case (Commonwealth v Tasmania) about the Common Heritage of Humanity principle: "The preservation of the world's heritage must not be looked at in isolation but as part of the co-operation between nations which is calculated to achieve intellectual and moral solidarity of mankind and so reinforce the bonds between people which promote peace and displace those of narrow nationalism and alienation which promote war ... [t]he encouragement of people to think internationally, to regard the culture of their own country as part of world culture, to conceive a physical, spiritual and intellectual world heritage, is important in the endeavour to avoid the destruction of humanity."Commonwealth v Tasmania (1983) 46 ALR 625 at 733 and 734.
UNESCO Universal Declaration on the Human Genome and Human Rights
The UNESCO Universal Declaration on the Human Genome and Human Rights declares in Article 1 that: "The human genome underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity. In a symbolic sense, it is the heritage of humanity." Article 4 states: "The human genome in its natural state shall not give rise to financial gains." Such Declarations do not create binding obligations under international law (unless over time there is sufficient opinio juris and state practise to make them part of international customary law) so the impact of such principles of commercialisation of the human genome will be problematic. Whether the principle prohibits the patenting of the human genome is contested by the corporate sector.
UNESCO Declaration on the Responsibilities of the Present Generations Towards Future Generations Proclaimed on November 12, 1997, the UNESCO Declaration on the Responsibilities of the Present Generations Towards Future Generations is an international agreement (potentially part of international customary law) which includes provisions related to the common heritage of mankind.
United Nations Declaration on the Rights of Indigenous Peoples
The declaration affirms in its preamble that Indigenous Peoples contribute to humanity's common heritage.
Potential applications