The Common Interest Principle Should be the Fundamental Principle in the Legal Framework of Space Resource Exploitation: Studies from China’s Policy

Space resource exploitation is increasingly becoming feasible, yet current international space law does not provide sufficient legal certainty for such activities. While the outer space treaty (OST) establishes foundational principles, such as the “common interest of mankind,” its provisions remain ambiguous when it comes to resource exploitation. Both the United Nations (UN) and individual States are actively seeking ways to address the legality of space resource utilization. This article argues that the principle of the common interest must guide the evolution of space resource governance. It is not only the basis for other OST principles but also reflects an intrinsic “inner law” governing resource exploitation in global commons. Inner law represents an inherent, objective, and irresistible force that leads the course of historical development, regardless of individual awareness or intention. Under this law, the rule of the jungle does not dictate international relations; zero-sum competition will not persist indefinitely, and mutually beneficial cooperation will ultimately prevail. The regulation of resource exploitation in global commons follows this trajectory, as evidenced by economic theories of managing the commons. China’s “global community with a shared future” concept exemplifies this inner law in policy form, embodying its spirit and principles. Accordingly, it is timely to reaffirm that outer space activities belong to all humankind, and the interests of all nations should be safeguarded, ensuring that every country can participate in, contribute to, and benefit from space activities. To achieve this objective, the committee on the peaceful uses of outer space (COPUOS) should be maintained and strengthened to facilitate international cooperation in the peaceful exploration and use of outer space. Furthermore, countries currently lacking space capabilities should be encouraged to establish or enhance their own space organizations, ensuring equitable access and participation in space activities.