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res communis omnium

Latin · rayz KOM-yoo-nis OM-nee-um · International law

Meaning. A thing common to all: an area or resource that belongs to no State and may be used by every State.

In international law the high seas, the deep sea-bed beyond national jurisdiction, outer space and Antarctica (in practice) are treated as res communis: no State may claim sovereignty over them, and all may use them on equal terms. The freedom of the high seas in Article 87 of UNCLOS is the classic example.

Distinguish res nullius, a thing owned by no one but open to acquisition by occupation (like terra nullius). A further step is the common heritage of mankind: UNCLOS Articles 136 and 137 declare the deep sea-bed (“the Area”) and its resources the common heritage of mankind, administered by the International Seabed Authority for the benefit of all, and Article II of the Outer Space Treaty, 1967 forbids national appropriation of outer space.

Example

Since the high seas are res communis omnium, no coastal State may close them to foreign fishing vessels.

In Indian law

  • Articles 87, 89, 136 and 137, UN Convention on the Law of the Sea, 1982
  • Article II, Outer Space Treaty, 1967

See also

high seas · res nullius · terra nullius · mare liberum

Read more in the study notes

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