| A citizen of the United States for 2015 years the United States through the exploration and use of outer space "resources law" specified in section fourth in the asteroid resources or outer space resources business acquisition,according to an asteroid or outer space resources according to the applicable law,enjoy possession,possession,transport,including the use and sale of small planetary resources or in outer space resources.Its essence is also a reflection of the principle of maximizing the commercial interests of the United States government in legislation.After the introduction of the law,it has caused controversy,and the theoretical root of the dispute lies in the legal nature of outer space and its natural resources.In international space law,the principle of the common heritage of mankind is the most important expression of this nature.The principle of the common heritage of mankind emphasizes that mankind is the main body of outer space and its resources.Based on this right,countries can not develop and utilize resources of such areas without permission.But from the basis of this principle,the international law community has yet to form a unified understanding of the principles of the common heritage of mankind,and there is still controversy about the definition and application of the principle.The principles of the common heritage of mankind include the following points:first,there is no clear understanding of the legal nature and legal status of outer space.Is outer space,including the moon and other celestial bodies,and the natural resources of outer space as the "common heritage of mankind"?Second,what are the legal origins and contents of the principle of the common heritage of mankind?What is the subject and scope?What is the relationship between this principle and the principle that it should not be taken into account?Third,the "common heritage"law in the legal attribute is unknown,whether it is "ownerless","public" or "sharing".In the existing legal provisions,the discussion of this concept is not yet unified.In the moon agreement,there is "common heritage".In the outer space treaty,there is"common province".In the white paper of China aerospace,there is "common wealth" expression.In addition,from the perspective of domestic translation and scholars,there are concepts of "common property","common wealth" and"common heritage".The absence of concepts leads to inconsistencies in the understanding and application of countries in their use.Fourth,the legal nature of the principle of human common heritage in the international community is controversial.Can it be regarded as the international habit,general legal principle or the basic principle of international law?Fifth,the necessity and feasibility of the establishment of the development and Management Bureau of outer space resources.In this paper,the principle of common heritage of mankind from the sources of international law on research,explore the principle of the legal background and legislative purpose,compared to the "United Nations Convention on the law of the sea" "Antarctic Treaty" "moon agreement" in the relevant provisions on legal attribute of demonstration space and natural resources.This article focuses on the principle of the common heritage of mankind in the lunar agreement,analyzes the scope and nature of the natural resources in outer space and outer space,and demonstrates the relationship between the principles of human common heritage and other principles in international space law from the perspective of judicial cases.This paper analyzes the current international law for the five different views of the legal attribute of common heritage "theory from Rome law angle,and combining the economics of the" tragedy of the commons "theory proposes innovative common heritage belongs to the public areas should be treated with legal theory,a new perspective.Finally,based on the applicability of the principle of common heritage of mankind on the development of celestial bodies,we compared the relevant provisions of the International Seabed Authority and the Antarctic management agency,analyzed the necessity and feasibility of establishing the outer space resources development and management organization,and put forward corresponding suggestions.This paper discusses the reasons for the plight of the application of the principle of human common heritage,and puts forward some suggestions to improve the principle.Although the principle of human common heritage faces many practical problems,the general trend of development of international law is conducive to the solution of these problems.The international law attaches importance to the protection of human rights and human rights from the emphasis on national interests,which promotes the new development of the principle of common heritage of mankind,and the principle of future human common heritage will be greatly changed in the process of reform. |
