Common Heritage of Mankind

Concept International Law Preferred

Principle that certain areas and resources belong to all humanity and are managed internationally for common benefit.

Independent referenceNot an official or legal definition
Sources citedSee the sources at the end of this page
Status Under reviewLast updated 11 October 2026
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Definition

In plain language

Some parts of the world, such as the deep seabed beyond national borders, are not owned by any country. The principle says they and their resources belong to all of humanity, so they must be used peacefully and for everyone's benefit.

Academic definition

The principle was proposed by Malta's ambassador Arvid Pardo in a 1967 speech to the UN General Assembly and was written into Article 136 of UNCLOS, which declares the seabed Area and its resources the common heritage of mankind. Part XI of UNCLOS, as modified by the 1994 Implementing Agreement, bars sovereignty claims over the Area, places mineral activities under the International Seabed Authority and provides for benefit sharing. The Moon Agreement (1979) uses the same formula in Article 11 but has few parties, and the 2023 Agreement on Biodiversity Beyond National Jurisdiction applies it to marine genetic resources of the high seas.

Classification

Term type
Concept
Category
International Law
Subject field
Law of the Sea and Space Law
Subfield
Global Commons Regimes
Difficulty level
Advanced
Grammatical category
noun phrase

Language variants

Alternative terms
  • common heritage of humankind
  • common heritage of humanity
Non-preferred terms
  • not_applicable
Abbreviations
  • CHM
Acronyms
  • not_applicable
Native terms
  • patrimoine commun de l'humanité (French)
Transliteration
not_applicable
Pronunciation
not_applicable

Context

Legal effect: Binding

Scope

Covers a legal principle for areas beyond national jurisdiction; the broader notion of global commons, and the freedom regime of the high seas, are different.

Legal context

UNCLOS Articles 136 to 141 and 150 to 155; the Agreement relating to the Implementation of Part XI (1994); Moon Agreement Article 11; Outer Space Treaty Article II bars national appropriation of outer space. CHM entails non-appropriation, international management, benefit sharing, peaceful use and scientific research.

Diplomatic context

Developing States champion benefit sharing and technology transfer, while industrialised States have sought market-based mining rules, a split that shaped the 1994 Agreement.

Institutional context

Administered by the International Seabed Authority in Kingston, Jamaica, and discussed in the UN General Assembly and the BBNJ preparatory bodies.

Historical context

Pardo's speech of 1 November 1967 launched the negotiations that produced UNCLOS in 1982, and the 1994 Agreement adjusted Part XI to secure wider ratification.

Why it matters

The principle determines who may mine the deep seabed and how any profits are shared, and it sets a model for managing other shared areas.

Usage

Register: Legal

Usage note

The phrase 'common heritage of mankind' is the treaty wording; many documents now use 'humankind' or 'humanity'.

Example

The Authority regulates mining in the Area under the principle of the common heritage of mankind.

Example scenario

A company sponsored by State A wants to explore for deep-sea minerals beyond national jurisdiction. It must apply to the International Seabed Authority, which regulates the activity and ensures that a share of benefits goes to all States.

Common misuse

Using it as a synonym for 'global commons' or 'res communis'; common heritage adds international management and benefit sharing.

Not to be confused with

  • Global commons
  • Res communis (open to all but not managed)
  • High seas freedoms

Sources

  1. United Nations Convention on the Law of the Sea (1982), United Nations, Article 136. un.org
  2. Official definition. not_found_in_source
  3. Treaty reference. un.org
  4. Churchill and Lowe, The Law of the Sea. not_found_in_source
  5. International Seabed Authority. isa.org.jm

Source type: Treaty. Source reliability: Primary.

This entry is an independent reference definition, not an official or legally binding text. Where an official definition exists, it is linked above and is authoritative. Read our methodology.

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