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The Seabed Beyond The Limits Of National Jurisdiction: General And Institutional Aspects

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Chapter Summary

The main innovation of the United Nations Convention on the Law of the Sea (LOS Convention), with respect to the previous law of the sea regime, is the concept of the common heritage of mankind. The basic elements of the regime of common heritage of mankind, applying to the seabed beyond the limits of national jurisdiction, are the prohibition of national appropriation, the destination of the Area for peaceful purposes and the use of the Area and its resources for the benefit of mankind as a whole with particular consideration for the interests and needs of developing countries, and the establishment of an international organization entitled to act on behalf of mankind in the exercise of rights over the resources. The institutional aspect is one of the main components of the concept of common heritage of mankind and cannot be separated from the others.

Keywords: International Sea-Bed Authority (ISA); Law of the Sea (LOS) Convention; national jurisdiction



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