Res communis

Source: Wikipedia, the free encyclopedia.

Res communis is a concept

common heritage of mankind.[3] It has relevance in international law and common law
.

In the 6th century, the Institutes of Justinian codified the relevant Roman law as: "By the law of nature these things are common to mankind – the air, running water, the sea, and consequently the shores of the sea."[4]

Res communis has gained new currency in environmental law, in terms of managing natural resources. The key concept is that the state is the trustee of communal natural resources and cannot alienate them into private ownership. Examples are Lake Michigan,[5] Victoria Harbour in Hong Kong[6] and Sydney Harbour.[7]

Biological examples of res communis include fish and mammals in high seas.[8] Rules for use of the continent Antarctica[9][10] were based on res communis as was development of space law.

References

  1. ^ Wang. Handbook on Ocean Politics & Law. Greenwood Press. 1992. p 64.
  2. ^ Johnston. The International Law of Fisheries. 1987. p 309.
  3. . Retrieved 25 March 2014.
  4. ^ Barresi, Paul (2012). "MOBILIZING THE PUBLIC TRUST DOCTRINE IN SUPPORT OF PUBLICLY OWNED FORESTS AS CARBON DIOXIDE SINKS IN INDIA AND THE UNITED STATES" (PDF). Colorado Journal of International Environmental Law and Policy. 23 (1): 47. Retrieved 25 March 2014.
  5. ^ Illinois Central Railroad v Illinois 146 US 387 (1892)
  6. ^ Society for the Protection of the Harbour Ltd v Town Planning Board [2003] 2 HKLRD 787
  7. ^ Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99
  8. . Retrieved 25 March 2014.
  9. . Retrieved 25 March 2014.
  10. . Retrieved 25 March 2014.