The Principle Of Common Heritage Of Mankind In Lunar Exploration And Development And Its Realistic Dilemmas

Against the background of shortage of earth resources and abundant outer space resources,all countries have gradually realized the urgency and necessity of outer space development and devoted themselves to the exploration and development of outer space.But with the development of technology and knowledge,for expanding the scope of the outer space exploration and development,funds,manpower and material resources consumption is also increasing.The main body of exploring space is no longer limited to the national government,more and more private groups join to the exploration and mining of outer space resources,hope to share in the outer space resources.Although countries’ space exploration activities have already penetrated into the power of private capital,in recent years,the domestic legislation of the United States and Luxembourg only explicitly states "who develops and who owns",which has caused heated discussion in the international community.Some scholars think that the legislation of the United States and Luxembourg is a challenge on the principle of "common heritage of mankind",while others believe that the new era needs to reinterpret the principle of "common heritage of mankind",and the two are not in conflict.The commercialization of lunar exploration activities has also raised a series of legal issues,such as whether the outer space exploration subject is legal,the legal nature of outer space resources,how to allocate resources,how to formulate the international development system and how countries can actively face the challenges brought by commercialization.This paper will be based on the principle of "common heritage of mankind" as a clue.At the same time,the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,including the Moon and Other Celestial Bodies in1967,Agreement on the Rescue of Astronauts,the Return of Astronauts,Objects LaunchedThe principle of common heritage of mankind in lunar exploration and development and its realistic into Outer Space in 1968,Convention on International Liability for Damage Caused by Space Objects in 1972,Convention on Registration of Objects Launched into Outer Space in1975 and Agreement Governing the Activities of States on the Moon and Other Celestial Bodies in 1979,will be analyzed and compared,and to find the legitimacy basis of lunar exploration and development for human.This paper tries to discuss the viewpoint that "the common heritage of mankind" and the privatization of outer space resources are not in conflict.According to the analysis,the cause of the conflict caused by the commercialization of lunar exploration activity is not the property right itself,but the lack of a fair and reasonable distribution system of property.The main body of this paper is divided into three modules,the first part discusses the rules of lunar exploration and development,and leads to the clues that the principle of "common heritage of mankind" and the current lunar exploration activities in the three dilemmas.The second part analyzes the three dilemmas and shows the attitude.On the first dilemma,this paper discusses that the principle of "common heritage of mankind" is not in conflict with the privatization of outer space resources,from the meaning and content of the principle of "common heritage of mankind" to the provisions of international treaties on the privatization of outer space resources.On the second dilemma,this paper discusses the necessity of establishing a reasonable system for the distribution of outer space resources,and draws on the experience of the convention on the United Nations Convention on the Law of the Sea and the Antarctic treaty agreement on environmental protection,and proposes a bold vision for the future international regime for outer space and the international space administration.As for the third dilemma,the commercialization trend of lunar exploration is becoming more and more obvious.Different countries have different understandings of the principle of "common heritage of mankind" and different domestic legislation.At last,the author puts forward some Suggestions on legislation,policy,science and technology,and international cooperation.