Freedom of the High Seas Versus the Common Heritage of Mankind: Fundamental Principles in Conflict

This Article examines the competing claims surrounding the refusal of the U.S. and other industrialized nations to sign the Convention. The author argues that it is now possible that seabed mining will proceed under a reciprocating state regime based on unilateral legislation, justified under the principle of the freedom of the seas. However, the signatory States have claimed that this type of legislation is contrary to international law based on the principle of the common heritage of mankind. The author examines the basis for each of these claims and how these claim survive under the current legal regime governing seabed mining.