REGULATING SPACE EXPLOITATION FOR SUSTAINABLE DEVELOPMENT AND BENEFITS OF MANKIND: FROM THE PERSPECTIVE OF PLANETARY RESOURCE EXPLOITATION

摘要

Exploration and exploitation of space resource is one of the essential human space activities. Recent report show that a couple of companies have started plans of exploitation of planetary resource, such as highly pure metals and other materials that are highly valuable, which is believed to create a thriving economy in space. Bearing in mind the principle of sustainable development and outer space as common heritage of mankind, questions, and considering the existing problems of the oceans resulted from human exploitation of marine resource, there is need to discuss a new body of law that will need to be fabricated and detailed. This paper will discuss the regulatory framework of exploration and exploitation of space resource. It is therefore divided into the following four parts. Part One will discuss the legal status of space resource (such as planetary resource and satellite frequency orbit resource) under the framework of the Outer Space Treaty and the Moon Agreement. The concept of res communis and the principle of common heritage of mankind will be revisited in this part. Part Two will look into the question that whether exploitation by private entities is also bound by the abovementioned principles. Part Three will make an analogic study between space law and law of the sea, and space law and law of Antarctica. Part Four will propose the regulatory framework of human space exploration and exploitation, for sustainable development and benefits of mankind.