Concept of the Common Heritage of Mankind in International Law, The

Journal of Third World Studies, Fall 2002 by Turack, Daniel C

Dr. Baslar believes that if the CHM is accepted as a human right, its legal normativity and enforceability will be extended to other disciplines of international law. Consequently, he examines the CHM within the human rights framework, through its characterization as a third generation human right. At this point in time, he acknowledges the human rights approach requires a greater degree of specificity to enable the CHM to be operationally significant at both the national and international levels.

The final chapter of this work involves a discussion of how the CHM concept represents a present challenge to traditional international law doctrines. Growth of the CHM concept requires a re-examination of the traditional sources of international law. Parameters include a new phase of world politics and insight into which cultures will dominate, as well as whether the market economy will bring justice to all participants in the international law system. He stresses the need of adherence to other sources of international law such as United Nations General Assembly Resolutions, and the jus cogens, that can be utilized to fortify the CHM.

The reader will find an excellent extensive bibliography which also includes reference to relevant theses and dissertations, a workable index, and tables of treaties and abbreviations used. This freshly minted excursion through the current and potential use of the CHM is worth the time needed to savor the thoughts presented.

Daniel C. Turack

Capital University Law School