Research Of The Benefit Sharing System Under "The Common Heritage Of Mankind"

The exploration and development of resources in the international seabed area(hereinafter referred to as the area)and the issue of interest sharing are one of the hot topics in the world,especially the issue of interest sharing has become an important point of divergence between developed and developing countries.The developed countries try to occupy the maximum benefits of resource development in the"region" with strong financial and technological strength,which is extremely unfavorable to the developing countries.The 1982 United Nations Convention on the law of the sea provides for the application of the principle of "common heritage of mankind" to the "region" and its resources.The "region" resources belong to all mankind and establish the International Seabed Authority,which endows the national Seabed Authority to manage and control the resource activities of the "region" on behalf of all mankind.According to the provisions of the Convention,the resources only refer to mineral resources.At present,the exploration of "regional" resources is transforming from exploration stage to development stage,and the sharing of development benefits has become a difficult problem.How to share the benefits fairly and justly under the principle of "common inheritance of human property" has become an urgent problem to be solved by the international community.The International Seabed Authority is soliciting comments on the draft regulations on the development of mineral resources in the area(hereinafter referred to as the "draft regulations"),one of which is whether "benefit sharing" is included in the draft regulations on development.There have been heated disputes in various countries,with different attitudes.Therefore,it is necessary to study the benefit sharing system.This paper is divided into five parts.The first part mainly gives an overview of"common inheritance of human property" and benefit sharing.Starting from"common inheritance of human property",it introduces its development process,leads to benefit sharing as its central content,introduces the definition of benefit sharing concept and specific content of benefit sharing.The second part focuses on the relationship between "common inheritance of human property" and "benefit sharing",expounds the status of benefit sharing under "common inheritance of human property" in UNCLOS and implementation agreement,and speculates the status of benefit sharing in "mining regulations".The third part is the analysis of the benefit sharing subject,including the development subject of resources,the supervision subject of resources and the benefit subject of interests,analyzing the status of these subjects and some perfect measures.The fourth part is the model of benefit sharing system.Combined with the benefit sharing modes within the national jurisdiction,this paper analyzes the possibility of the application of these modes in the "regional"benefit sharing,obtains some experience from them,and constructs the "regional"benefit sharing mode.According to the analysis of this paper,the fifth part introduces a development prospect of the benefit sharing system.As the largest developing country in the world,China also has the most mining areas in the "region",facing the current situation of the benefit sharing system,what countermeasures should China take and how to participate in the formulation of the "region" benefit sharing system.