Study On The Influence Of International Law On The Property Law Of Natural Resources

The globalization and the increasing international cooperation expand the way of research on natural resource property to international law. The influence of private law and international law on each other makes it possible that to review the property of natural resource among the international law. This text will find out how international law deals with the confirmation of the property of natural resource, the settlement of issue and the cooperation between countries. Last, this text will give advises to perfect the property law of natural resource. Besides preface and conclusion, this paper is about 34,000words, and divided into 4 parts, include:The first part analyzes the conceptions of sovereignty and property and their similarities and differences. It is feasible to study the natural resource property in international law by research the phylogeny of the international law. Sovereignty and property are rights conceptions in two different legal systems, sovereignty is about supremacy of authority or rule as exercised by a sovereign or sovereign state, property is the right of ownership by people, but we can find out some similarities (the equality of the body and contents of the rights) between them from researching their essential contact. Joseph pointed out that all of the problems have its intercommunity, the experience and the method which used to resolve the national problems can be used to resolve the similar international problems, in reverse, it's also right.The second part makes a summary about the natural resources property in international law, and compares the character of natural resource property and use regulated by international law with the property in civil law. Nations have the natural resources property because the international law regulates possession adscription of countries. It is different between the property in international law and in civil law. territorial sovereignty corresponds to the utterly property in civil law which have been restricted for the common benefit of all human beings; water property in international law corresponds to the shared community, counties should abide the equitable principle to use water; the property of wild propagation corresponds to the possession, because the location country has wild propagation property according to the sovereignty; ocean resources are public-owned with the ocean freedom principle; mine resources regulated in international law are almost seabed mine which is world heritage.The third part analyzes the legislative and judicatory influence of international law on natural resources property from the directness and indirectness. America court applied the international law when disposed the delimitation and using issues between states. In the early of 20th, the Supreme Court used the international law principle"equal distribution water to each country"to disposed the issue between the Colorado and Kansas. Nation has international obligation to keep the legislation consistent to international law. International law has far influence on the natural resources in theory including principle and the property internationalize.The forth part analyzes the development trend of international law and natural resources property. From the point view of use, this paper studies the theory and practice of international law to perfect the natural resources property.