The governance of the “global commons” as a collective heritage in International Law
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This article analyzes the urgent challenge of governing the so-called "global commons". This denomination encompasses both the planet's vital resources and those elements that have a spatial dimension and are located outside state jurisdiction. Hence, the international order regulates freedom of access and exploitation and, under the regime of the common heritage of humanity, guarantees its peaceful use; non-appropriation; regulated exploitation for the benefit of humanity; and the equitable distribution of benefits. The author warns of the need to design a new common framework for its governance to fill the existing gaps.
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