In today's world, Res communis has become a topic of constant interest and debate. With the advancement of technology and globalization, Res communis has taken a prominent role in modern society. From its impact on the economy to its influence on culture and politics, Res communis has generated conflicting opinions and has been the subject of numerous studies and investigations. In this article, we will explore the different aspects and dimensions of Res communis, analyzing its implications in different areas and its evolution over time.
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Res communis is a concept or doctrine. The expression is a Latin term derived from Roman law that preceded today's concepts of the commons and common heritage of mankind. 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."
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, Victoria Harbour in Hong Kong and Sydney Harbour.
Biological examples of res communis include fish and mammals in high seas. Rules for use of the continent Antarctica were based on res communis as was development of space law.