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An-Najah University Journal for Research - B (Humanities)

Abstract

The aim of this study was to shed light on the principle of the common heritage of humanity in the law of the sea, and an attempt to highlight many issues that still need to be clarified, including the economic importance of the international region on the high seas and oceans, and the mineral and oil wealth they contain, and what This may be accompanied by political differences, which require the imperative to interfere in creating a legal system for the exploitation of that region, and to supervise it, with the participation of all countries, and this prompted the researcher to exposure to the principle of a common heritage of humanity in the light of the rules of international law. Accordingly, the United Nations Convention on the Law of the Sea was established in 1982, which sought to provide for a comprehensive legal system for everything related to the subject of the law of the high seas, including the topic of the international region, and also laid down detailed legal provisions for the region, and this agreement was signed at the Third United Nations Conference Law of the Sea. Through this study, the researcher dealt with defining the common heritage of humanity from the perspective of international law, and touched on the concept of the legal system of the international zone, the methods of exploiting the international zone, the mechanisms of settling disputes arising from the exploitation of the wealth of the international zone, and the fair sharing of the benefits of the international zone. At the end of the research, the researcher reached a set of results, the most important of which is that despite all the realistic advantages stipulated in the 1982 United Nations Convention on the Law of the Sea, in various fields, especially the recognition of their rights over parts of marine areas, the lack of these countries possessing scientific and technological capabilities It represents an obstacle that prevents it from benefiting from these advantages, and a set of recommendations, the most important of which is, The necessity of activating the powers of the International Court of the Seas, so that it becomes the one entrusted with resolving disputes related to the seas and exploiting wealth, without prejudice to the right of states in the event of a dispute to choose a means of settling disputes between them.

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