Abstract:
The development and utilization of space resources is a matter of particular significance in the realm of outer space law, with benefit-sharing representing a pivotal element of this discourse. Existing outer space law contains gaps in terms of benefit-sharing in space resource activities. The relevant international conventions provide only general principles, the content of which is ambiguous. "Soft law" documents can only provide recommended measures. Some countries attempt to dominate the development of international rules through legislation and other national practices. It is therefore imperative to formulate international rules on space resources under the framework of the United Nations. In order to establish rules on benefit-sharing for space resources activities, it is necessary to clarify the extent of sharing, the subject, the object and other key elements. It is argued that the extent of benefit-sharing should be based on the "principle of equity", with particular consideration for the interests of developing countries and investor countries, and with a focus on maintaining intergenerational equity. Based on the principle of the "common interest", the beneficiary subjects should encompass all humankind, and the obligated subjects should comprise the countries and private entities that have participated in the investment. The objects of benefit-sharing may encompass financial resources, information, and capacity-building initiatives. The development of different sharing mechanisms for diverse objects, drawing upon the experience in areas such as seabed areas and biodiversity, is recommended.