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International environmental law with its well-developed concepts has deepened our understanding of several global problems. The concepts of Common Heritage and Common Concern of Mankind recognize the common interests shared by States in the conservation and sustainable use of specific areas and resources. Both concepts induce an idea of cooperation between States and intergenerational solidarity. Common Concern and Common Heritage – precisely defined in the developments below – aim at better sharing today and safeguarding for future generations some specific resources that we presently enjoy, but may potentially disappear. Alexandre Kiss analyses the Common Heritage of Mankind as the ‘concretisation of the common interest of humanity in spaces, goods and living beings.’1 The same premise can be applied to the concept of Common Concern. It is worth noticing that at this stage, only the moon and the seabed have been considered as Common Heritage, i.e., spaces located outside States’ territories. On the contrary, Common Concern has been applied to resources located within States’ territories. Therefore, each concept raises its own distinct challenges for States’ sovereignty. Historically, international water law has established and developed management principles to ensure the harmonious utilization of fresh water resources shared between two or more States. Various forms of cooperation have been developed over time in order to ‘shape the water use relations among States and between States and individuals and other non-State actors’.2 Focusing primarily on navigation and fishing, international water law has progressively extended its scope to regulate issues such as apportionment of waters, irrigation, flood control or energy generation.3

Fresh water as Common Heritage and a Common Concern of Mankind