From Earth to Space: Applying Earth’s Benefit-Sharing Practices to Outer Space Resource Management
摘要
The principle of benefit-sharing, included in various terrestrial resource management frameworks, is critical for ensuring equitable access to and distribution of the gains from natural resources on Earth. Meanwhile, space resources will have a global impact, affecting the entire world—economically, environmentally, and scientifically—beyond just individual states or regions. Consequently, the establishment of an effective benefit-sharing system in outer space will be essential for the future. However, even though the ‘benefit sharing principle’ is a part of the legal framework governing outer space, its application in this domain remains underdeveloped, leading to serious legal problems due to different interpretations. This article examines existing global benefit-sharing regimes—such as biological diversity, and seabed management—and explores their relevance to space law. Contrary to the common belief that benefit-sharing is merely a moral or ethical guideline, this article argues that it is a well-established, working legal concept with practical applications in different terrestrial regimes. By drawing parallels with international agreements, the analysis highlights how these frameworks can be applied in connection with the governance of space resources.