Activities in the Area for the benefit of “mankind as a whole”: who is ‘mankind’?

This paper critically examines the term ‘mankind’ to determine who are the beneficiaries of the ‘common heritage of mankind’ (CHM) principle in UNCLOS. The definition of the term is not clear, for example whether it includes also states who are not parties to UNCLOS or whether it includes entities other than states. With the prospective beginning of exploitation of the International Seabed (the Area) the question of benefit-sharing and the identity of the beneficiaries would become critical. Yet, this issue did not gain sufficient scholarly attention. This paper seeks to fill this theoretical-legal gap by employing a legal analysis in accordance with the rules of treay interpretation in international law and by employing a comparative methodology. The paper supports the conclusion that the term ‘mankind’ in UNCLOS includes only states as the beneficiaries. This affects the competence of the International Seabed Authority (ISA) and the appropriate mechanisms concerning the distribution of the benefits.