The Legal Nature and Right Attribution over Space Resources—The Establishment of an International Legal Mechanism for Exploration and Utilization of Space Resources

Abstract

The international society failed to reach a consensus on the legal nature of space resources as to whether they belong to'common heritage of mankind'. As such, it is necessary to resolve the problem of right attribution over space recourses in the first place.First, in accordance with the non-appropriation principle in the outer space treaty, outer space is not subject to national appropriation.Second, the State and private entities should enjoy the right of use and profits from the use of space resources. However, there is a need to balance the common interests of international society and the interests of the States and private entities which invest heavily in the space resource exploration. China, as a major space-faring nation, should take the initiative in establishing an appropriate international mechanism for the exploration and utilization of space resources.