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在资源日益短缺的背景下,随着太空和海底开发技术的发展,国际海底、月球等国家管辖之外的公共领域之资源开发和利用已成为可能。为确定权利归属,规范国家开发行为,国际法上提出了人类共同继承财产原则。然而,目前该原则在实践运用中面临着概念和内涵不明确,适用领域和开发制度存在争议等困境,需要积极应对。
With the development of space and seafloor development technology in the context of increasingly scarce resources, the development and utilization of resources in the public domain beyond the national jurisdiction of the international seabed and the moon have become possible. In order to determine the ownership of rights and regulate the development of the country, the principle of common heritage of mankind has been proposed in international law. However, at present, this principle is confronted with difficulties such as unclear concepts and connotations, disputes over applicable fields and development systems, and it needs to be dealt with actively.