太平洋学报2025，Vol.33Issue(9)：43-57,15.DOI:10.14015/j.cnki.1004-8049.2025.09.004
从概念法学到利益法学:人类共同继承财产原则之研究范式转向与路径构建
From Conceptual Jurisprudence to Interest-Based Jurisprudence:Paradigmatic Shift and Pathway Construction of the Common Heritage of Mankind Principle
摘要
Abstract
For a long time,the legal status and governance regimes of areas and resources beyond national jurisdiction have been at the center of international controversy,evolving from ideological confrontation a-mong states into a fundamental conflict between the principle of the common heritage of mankind(CHM)and the principles of the freedom of the high seas and freedom of outer space.Traditional scholarship has largely relied on the paradigm of conceptual jurisprudence.This approach has clarified the the benefit of all mankind embedded in the principle of the CHM and,on that basis,affirmed the status of the high seas,outer space,and their resources.However,because conceptual jurisprudence emphasizes systematic and textual interpretation,it fails to provide precise meaning and cannot effectively resolve interstate conflicts of interest.Its practical application is therefore limited.By shifting to the paradigm of interest-based jurispru-dence,research on this principle can be guided by two core ideas:interest balancing and value judgment.This shift allows for the establishment of a priority order of the benefit of all mankind,while at the same time accommodating the developmental demands represented by the value of freedom.In this way,it offers a feasible path to alleviating conflicts of interest among states.In terms of institutional design,the benefit-sharing mechanism should take the benefit of all mankind as its value objective.The notion of interest balan-cing must be integrated into both monetary and non-monetary models of benefit sharing.States and commer-cial entities would thus be encouraged to actively participate in the exploitation of deep-sea and outer space resources,while also being required to promote the sharing of scientific and technological achievements and to assist developing countries in capacity building.Operationally,the establishment of an integrated platform for benefit-sharing exchanges would enable states to strengthen multi-level cooperation at the glob-al,regional,subregional,and sectoral levels.At the same time,a comprehensive monitoring and transpar-ency framework should be put in place to safeguard procedural justice,ultimately enabling the benefit-sha-ring regime to genuinely contribute to the realization of the benefit of all mankind.关键词
人类共同继承财产原则/全人类利益/全球治理倡议/利益法学/惠益分享机制Key words
the principle of CHM/the benefit of all mankind/Global Governance Initiative/interest-based jurisprudence/benefit-sharing mechanisms分类
政治法律引用本文复制引用
林灿杰,尹玉海..从概念法学到利益法学:人类共同继承财产原则之研究范式转向与路径构建[J].太平洋学报,2025,33(9):43-57,15.基金项目
本文系国家社科基金重大研究专项(20VHQ005)的阶段性研究成果. （20VHQ005）
