The Interplay Between Common Heritage of Humankind and Common Concerns of Humankind in the BBNJ Agreement

Using a doctrinal legal research methodology, the contribution analyses the role that Common Heritage of Humankind (CHH) and Common Concern of Humankind (CCH) play within the context of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement). Next to introductory remarks, the paper comes in five parts. First, a brief presentation of the historical development and basic features of CHH is provided, stressing its nature as a general principle of law. Second, the drafting history of the BBNJ Agreement is analysed with special regard to the inclusion of a reference to the CHH. Third, CCH is analysed highlighting its use in fields of international law other than environmental law and its normative features. Fourth, it is argued that the normative framework of the BBNJ Agreement implicitly also incorporates CCH. Fifth, the study examines how the two principles interact with each other and impact on the interpretation of obligations under the Agreement and provides concluding remarks to the effect of considering whether the BBNJ Agreement could serve as a model for future agreements on the protection of global commons under this perspective.