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The Measure Of Improving International Legal Regulation Of Exploration Of Space Resources

Posted on:2020-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2416330578960143Subject:International Law
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Outer space resources refer to extractable in situ abiotic resources in outer space.The exploration of space resources is considered to be a reasonable extension for human to explore and utilize outer space freely.As an emerging field of outer space activities,the exploration of space resources has brought enormous benefits to human beings,but it has also triggered legal issues that cannot be underestimated.First of all,on the issue of the ownership of outer space resources,how to grasp the relationship between the use rights of outer space resources and ownership has become the focus of attention of all countries.However,The principle of non-appropriation in the Outer Space Treaty lacks a clear connotation,which is unable to define the affiliation of outer space resources,or even can not effectively curb the exclusive possession and utilization of outer space resources.Secondly,on the issue of the distribution of the benefits of outer space resources,how to coordinate the distribution of interests between the actual developers of outer space resources and all human beings has become the core of disputes in various countries.However,the abstract principle of common heritage of mankind not only fails to realize the rational distribution of the outer space resources interests,but also triggers the random misinterpretation of the connotation of this principle by different countries.In addition,on the issue of the exploration of space resources,how to standardize the specific exploration behavior of explorers of outer space resources has become a hot spot of concern to the international community.Regrettably,the existing international space legal system has very limited norms for the exploration of outer space resources,and cannot guarantee the orderly exploration of outer space resources.The reason why the existing international legal system cannot effectively deal with the legal problems arising from the exploration of outer space resources is that it is closely related to the international space legislation concept of free competition in the last century,and the existing international space law system is very lagging.Because the concept of free competition advocates the respective exploration and benefit of outer space resources,which cannot reflect the interests of developing countries,so it cannot effectively solve the conflicts of concepts and interests of developed countries and developing countries in the legal issues of outer space resources development.However,unlike the concept of free competition that overemphasizes self-interest,the concept of community of shared future for mankind pays more attention to the coordination of self-interest and altruism in international exchanges,and is more in line with the purpose of space activities of all countries in the Outer Space Treaty for the benefit of all mankind.Therefore,in the process of improving the international legal system for the exploration of outer space resources in the future,the international community should break through the ambiguity of the original concept of free competition.Under the guidance of the concept of community of shared future for mankind,we should build priority use rights for outer space resources and alleviate the disputes between countries on the issue of the ownership of outer space resources firstly,so that it can reach the effect of shelving disputes and joint exploration;Secondly,by introducing parallel exploration systems and promoting nonmonetary benefit sharing,international community should increase the sense of participation and sense of participation of developing countries in the exploration of outer space resources,thereby achieving the goal of sharing the benefits of outer space resources with humans;Finally,through negotiation in response to the three stages of exante access,in-process supervision and post-dispute dispute resolution for the exploration of outer space resources,International community should jointly establish rules of international law to regulate the order of exploration of outer space resources.
Keywords/Search Tags:Exploration of space resources, Order of exploration, Community of shared future for mankind, International legal Regulation
PDF Full Text Request
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