Common Heritage Of ‘Mankind’ Or ‘Naturekind’?: A New Look At Understanding The Doctrine

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Reema Nayak, OP Jindal Global University, Sonipat

ABSTRACT

The doctrine of "Common Heritage of Mankind" (CHM) has long been considered a legal and ethical framework for equitable resource distribution and environmental sustainability, particularly concerning the deep seabed. However, its predominant anthropocentric interpretation—framing oceans and their resources as commodities for human benefit—fails to account for the intrinsic value of nature itself. This paper critically examines the limitations of the CHM doctrine in its human-centric form and argues for a paradigm shift towards a more inclusive perspective—one that recognizes the oceans as a "Common Heritage of Naturekind." Drawing insights from the documentary My Octopus Teacher, the paper underscores the interdependent relationship between humans and the marine ecosystem, advocating for a legal framework that acknowledges nature as a primary stakeholder rather than a passive resource for exploitation. By engaging with indigenous perspectives, posthumanist thought, and emerging "Rights of Nature" jurisprudence, this paper calls for an evolution in international law— one that prioritizes ecological integrity over capitalist-driven resource extraction. The urgency of this shift is further highlighted through discussions on deep-sea biodiversity, climate change, and sustainable governance, reinforcing the need for a custodial, rather than proprietary, approach to marine stewardship. Ultimately, this paper contends that true environmental justice lies not in the exploitation of common resources for human prosperity but in the recognition of nature’s inherent rights and the ethical obligation to protect it for present and future generations.

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