| 1. The importance of the theme. It is necessary and the important to study the International Deep Sea-bed Area (hereafter called the Area) Regime of the United Nations Convention of the Law of the Sea (hereafter called the UN Convention). Because the Area Regime is the one of the most successful productions on the UN Convention. On the necessary aspect, the main values of this article will help our country to insure the strategic resources for social and economic development; to raise the technology and equipment level on the Area; to develop the related industry through exploration of the resources in the Area. On the important aspect, the main values of this paper will help us to know the regimes and principles of the UN Convention; to understand the nature of the Common Heritage of Mankind; to fight the unlawful actions outside the regime created by the UN Convention; to review the new development systems and arrangements on the UN Convention; and to develop and use rightly the resources in the Area. 2. The study purposes. The main purposes my study on this article have three purposes. The first is to explain the legal status of the Area. I think in the Area the principle of the Common Heritage of Mankind must be applied, and point out the special natures of this concept. Then, this article discussed the concept and theory system of the Commom Heritage of Mankind in order to know its natures. The second, to research this theme can guide the international practices and fight the actions and activities out of the UN Convention regime on exploration of the resources in the Area. The third main purpose is to affirm the works of the Preparatory Commission and the International Seabed Authority (after called the Authority). That is the Preparatory Commission settled the registered questions of the pioneer investors and the Authority adopted the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area. 3. The methods of research. The methods of the theory and comparative research were widely discussed in my paper. 4. The basic contents and innovation. The following contents were included in this article. (1) Introduction to the Area Regime adopted by UN Convention. The author pointed out that the basis on the Area Regime namely the Common Heritage of Mankind on the UN Convention had four steps. That is the creation, form, development and establishment. That is the innovations of the author. (2) The special legal status of the Area. This chapter first analyzed the mistake theory which the principle of the res nullius, the principles of the res communis and the high sea freedom applied in the Area. Then, the author pointed out that the Area must be applied the principle of the Common Heritage of Mankind. This chapter divided the attitudes on the Conference into three kinds of attitudes. That is anti-attitude, the consentient attitudes and the attitudes of first anti then praise. Timely, pointed out that the concept of the Common Heritage of Mankind had the special legal status. That is the new outcome of the times, the special nature of the concept, the rich contents and the wide application. The innovations of the part are that the author pointed out three kinds of attitudes dealing with the Common Heritage of Mankind of some countries, then pointed out the special nature of this concept. (3) The concept of the Common Heritage of Mankind and its theory system. This chapter first analyzed the nature of the concept of the Common Heritage of Mankind, then studied on the contents, the characteristics and the development trend, timely researched the nature of the Common Heritage of Mankind, mainly analyzed the five viewpoints, namely, the concept of the international custom, the general principles of law, jus cogens, the political character and the philosophical character. The author pointed out that the concept of the Common Heritage of Mankind has become the concept of the international custom, all nations must be bound. The innovations in this chapter are that the author totally studied on the natures of the principle of the Common Heritage of Mankind, took apart the theory system of this principle and demonstrated the five viewpoints of the natures about the concept of the Common Heritage of Mankind. (4) The system on exploitation for resources of the Area. This chapter first set forth the contents of the parallel mechanism and pointed out the Area Regime must be applied this parallel mechanism; then discussed some functions of the Authority which controlled the activities in the Area and the policy and condition on exploitation the resources in the Area. The innovations in this chapter are after the author based on the natures of the single exploitation system, international registration system and license system, then took apart the argumentative process and its natures of founding the parallel system. (5) The revision of the regime on exploitation for resources of the Area. This chapter in detail discussed the contents on the procedure and material questions and pointed out the importance of the Agreement relating to the Implementation of Part XI of the UN Convention (hereafter called the Agreement) adopted. The innovations are that the author studied totally the material questions of the Agreement compare with the Area Regime on the UN Convention, at the same time, pointed out the differences between the Agreement and the Area Regime. Namely, the Agreement had been accepted the views of the western countries concerned, and heavy allayed the burdens and obligations of the investors; pointed out thatthe adopted Agreement was widely put forward the Universality of the Convention; and accelerated the implementation of the Area Regime. (6) Review the deep sea system about the outside the regime created by UN Convention. This chapter first set forth the impacts to United States on the proposal of the Malta Ambassador, then amply discussed the process about the Deep Seabed Hard mineral Act (hereafter called the Act) in congress of Senate and House of American. The author viewed the contents of the Act, pointed out that the American domestic law violated the "pronouncement of the principles" , include the natures of the principle of the Common Heritage of Mankind. The innovations in this part are that the author analyzed the focus about the differences and argues between the House and Senate congress and the main contents about the Act. The author thinks that the UN Convention to enter force the American will hardly protect the interests of the America investors. (7) The new development of the Convention regime for exploiting resources of the Area. The author thought the developments mainly have two aspects. The one is the achievement of the Preparatory Commission. So this article first analysed the introduction of the Preparatory system, then expounded the achievement of the Preparatory Commission. That is Preparatory Commission settled the questions of the overlapping claim of the pioneer investors, finished the registrations of the pioneer investors. The second is the achievement of the Authority. After introducing to the every Conference of the Authority, the author studied on the achievement of the Authority on the Area Regime, that is the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area (hereafter called Prospecting Regulation) adopted by the Authority. The innovations in this part are that the author analyzed the contents of the "Arusa Understanding" and the "Understanding relating to the Implementation of Resolution II" adopted by Preparatory Commission, in detail studied the system of the Prospecting Regulation. Then the author points out the main differences between the Prospecting Regulation and the New Draft Regulation (Draft regulations on prospecting and exploration for polymetallic sulphides and cobalt-rich ferromanganese crusts in the Area). (8) The structure and the procedure about the International Tribunal of the Law of the Sea. The Statute and Rule of the International Tribunal of the Law of the Sea (hereafter called the Tribunal) are based on the Statute and Rule of the International Court of Justice, so this chapter pointed out the characteristics of the Tribunal composition, jurisdiction, procedure and judgment by using comparative method, and pointed out the important of raising the status and the function of the Tribunal through conferencing the experiences of the International Court of Justice. (9) The achievements of our country on the regime of exploitation for the sources of the Area. The main achievements are that our country has'become the registered investor in 1991 and concluded a contact for exploration with the Authority, so that our country got the exclusive right to prospect for the polymetallic nodules in the North-east Pacific. The innovation in this part is that the author has put forward some new proposals on exploration for the oceanic mineral resources of our country. (10) View the regime on exploration of the resources in the Area. The author thinks, after the America has entry into the UN Convention, at the same time, the international society more understands the natures of the resources in the Area and advances the technology and equipment level on exploration of the resources in the Area, the Area regime of the UN Convention will be put forward greatly. So our country not only enhances the academic research on the Area Regime, but also increases the practices on exploration of the resources in the Area. The author sincerely believes the scientific review of the "Da Yang No. 1" will push the deep-sea enterprises of our country.
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