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De la souveraineté à la coopération : l'émergence d'intérêts collectifs

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Chapter Summary

In traditional international law, the different legal regimes in which national sovereignty are reduced to assumptions terra nullius and res communes omnium. The concept of res nullius dates back to Roman law and this right it was borrowed by international law, indicating not subject to the territorial sovereignty of a State territories. The term common heritage of mankind was used for the first time in the Resolution 2749 of the UN General Assembly in 1970 on the principles governing the funds and the ocean subsoil beyond the limits of national jurisdiction. The birth of the principle of common heritage of mankind is in the movement of the developing countries towards the establishment of New International Economic Order. The use of cosmic space for navigation purposes is governed by the principle that the exercise of the freedom by a State should not restrict the exercise of freedom itself by another State.

Keywords: Roman law; nullius; international law; common heritage of mankind

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