Researches On The Legal Issues Of Outer Space Resources Exploration

Mankind’s imagination and exploration of distant outer space have never stopped.So far,the outer space discovered by modern science and technology is still boundless and endless.This vast space contains rich environmental resources,material resources and other resources that have not been discovered by mankind.The rational utilization of outer space resources will help mankind deal with a series of problems such as population,energy and environment.With regard to geographical areas with uncertain boundaries such as outer space,the rules on sovereignty and other development rights in the existing international legal rules on the earth’s surface can not naturally apply to outer space,resulting in the emergence of outer space law.Outer space law not only has the general legal characteristics of international law,but also has unique individual characteristics.The development of outer space law is based on the balance of the interests of all countries and constantly seeks to maximize the common interests of the international community.However,at present,there is a large gap in the technical level in the field of outer space resources development among countries.In order to obtain more national interests,a few countries with advanced outer space technology establish the ownership of private subjects in the form of domestic legislation,so as to attract more private capital into the development projects of outer space resources.It is obvious that private subjects’ claim of ownership of outer space resources is contrary to international law.Because the outer space treaty stipulates that states do not enjoy sovereignty in outer space,it is prohibited for any state to claim the exclusive rights of outer space resources in any form.This has aroused the attention of the international community to the legal issues in the development of outer space resources.In view of this,under the current legal framework of outer space,this article from the Angle of international law,ownership of rights and liability compensation mechanism of outer space resources.First,our civilization has established a modern legal framework for outer space based on the five United Nations outer space treaties.In addition to applying the contents of the five outer space treaties,it can also be adjusted through resolutions of the United Nations General Assembly,regional or bilateral treaties or industrial codes of conduct.In addition,the domestic space legislation of relevant countries and the rules formulated by international intergovernmental organizations are also useful supplements to the norms of outer space activities.With the breakthrough development of mankind in the field of outer space technology,the United Nations Committee on outer space issued the outer space treaty in 1967.The treaty is the basic law of outer space law,which clearly stipulates that the outer space region is a field jointly developed by mankind.Subsequently,the United Nations Committee on outer space successively issued the rescue agreement,the Liability Convention,the Registration Convention and the Moon agreement.However,the five outer space treaties and other existing legal rules have no clear provisions on the division of outer space and outer space resources.Based on the practical experience of outer space activities,this paper defines the scope of outer space.Outer space refers to all space and matter more than 100 kilometers away from the earth,including the moon and other stars.The outer space resources discussed in this paper only refer to material resources,which mainly includes various mineral resources and energy resources.In addition,at present,28 countries in the world(according to the latest registration statistics of the United Nations Committee on the peaceful uses of outer space)have carried out national legislation around outer space.This article summarizes the national laws and policies that are more active in the development of outer space.Secondly,this article discuss the disputes about the legal status of outer space resources in the international community,which is also the basis for discussing whether private subjects can obtain the ownership of outer space resources through the development of outer space resources.In the current international community,a small number of countries unilaterally adopt legislation to allow private subjects to claim the ownership of outer space resources.In addition,most countries still believe that outer space has the legal status of the common region of mankind.Drawing on the concept of global commons in politics,outer space has the general characteristics of global commons,that is,no countries in the region claim sovereignty.From this point of view,outer space can be compared with the international seabed area with the same characteristics.It is clear that outer space is a common human region without national sovereignty,and no state or private person can occupy the region in any way.Therefore,this article holds that the resources in this area should be the common heritage of mankind,and the development and utilization of outer space resources must take into account the common interests of mankind.Thirdly,this article analyzes that no subject,including states,international institutions,non-governmental organizations and private groups,can take outer space resources as their own.Outer space resources are the common heritage of all mankind.Some countries put forward that the restricted subject of the ownership of outer space resources only refers to the state,and then put forward that the claim that private subjects can develop and occupy outer space resources based on resources has no legal basis,and obviously violates the provisions on the development of outer space in the outer space law.The legitimacy and legitimacy of such claims in international law are not tenable.The basic rights and obligations of states in the development of outer space resources are stipulated in the outer space law.In accordance with the Charter of the United Nations and the principles of international law,all countries have the right to develop and explore outer space resources through their own advanced technology.However,without harming the common interests of the international community and adhering to the principle of sustainable development,developers of outer space resources can be regulated to enjoy reasonable use rights and income rights.In addition,states have the responsibility to ensure that activities within their jurisdiction or control do not cause harm to outer space and other countries and regions.Therefore,in order to ensure the effective recovery of the injured party,the international community should establish a responsibility system for the development of outer space resources and a mechanism for determining damages.At present,compensation for damage to outer space resources is mainly based on the provisions of the outer space treaty and the Liability Convention,and with reference to the legal norms of general state responsibility in international law.According to the legal norms of general state responsibility in international law,both internationally wrongful acts expressly prohibited by law and acts not expressly prohibited by law should bear legal responsibility.Different from the general liability in international law,the liability arising from the development of outer space resources can not be restored to the original state,and the method of compensation is used in most cases.For example,the 954 satellite case discussed in this article is a classic case of damages in outer space activities.Through the empirical analysis of this case,when studying the principles of international liability and compensation in outer space,this article finds that most of the existing international treaties are principled provisions,the treaties are slightly scattered and the term definitions are relatively general.Due to the lack of direct provisions on the privatization of outer space activities in the current international legal rules,there are problems such as legal gray areas in commercial aerospace and private entities’ activities of developing outer space.In addition,the current outer space law gives each subject the right to freely develop outer space,but it does not clarify the obligations and legal responsibilities of these subjects.Therefore,in order to promote the long-term sustainable development of outer space resources development,the international community should further strengthen the responsibility legislation on outer space resources development activities,improve the legal construction of outer space through the establishment of international space management institutions and improve the responsibility and damage compensation mechanism of outer space,Better resolve international disputes arising from the development of outer space resources.This article holds that we should start with the existing outer space treaty,continuously enrich and refine the existing treaty,increase the specific provisions on responsibility and damage compensation for outer space resource development activities,and establish relevant management institutions,so as to make the management of outer space resource development more scientific and the application of legal rules more clear.Finally,since the founding of new China,China’s aerospace industry has made great achievements and blossomed everywhere.The Chinese government encourages the development of the aerospace industry.So far,it has formulated four white papers on China’s aerospace,innovated the aerospace development plan,and continuously promoted the development and growth of China’s aerospace industry.On July 23,2020,tianwen-1,which was responsible for China’s first autonomous Mars exploration mission,successfully entered the predetermined orbit.On May 19,2021,the tianwen-1 mission probe,which was China’s first Mars exploration mission,successfully landed,and then sent back to the land the images taken by the two vehicles during the landing and after the landing.At present,China has made breakthroughs in key Aerospace Science and technology projects such as Mars exploration,asteroid exploration,lunar exploration project and space station construction.China has increasingly become a large and even powerful country in space technology.This puts forward urgent requirements for China’s space legislation.Judging from the values reflected in the current legal system of outer space,it coincides with the idea of "community of human destiny" put forward by China.China is committed to making greater contributions to the peaceful use of outer space,in-depth exploration of the mysteries of the universe and the pursuit of the common interests of mankind.This article holds that in the construction and development direction of the legal framework of outer space,China should first adhere to the priority application of the five outer space treaties on the basis of abiding by the Charter of the United Nations.The second is to constantly improve and standardize China’s legal norms on the development of outer space resources.So far,China has acceded to four outer space treaties other than the moon agreement.China will consciously fulfill its international obligations under international treaties under the guidance of the idea of "a community with a shared future for mankind".Following the international trend of the development of outer space resources,we will accelerate the construction of China’s legal system for the development of outer space resources,and further enrich and improve China’s outer space law.