Nature of the Principle of Common Heritage of Mankind
【中文摘要】人类共同继承财产原则已成为《联合国海洋法公约》的重要原则。 但国际学术界对人类共同继承财产概念性质仍众说纷纭。本文在剖析人类共同继承财产概念形成过程及其内涵的基础上，论述了人类共同继承财产概念性质，即 指出此概念为具有丰富内容和具体原则的法律性质概念，且已发展成为习惯法概 念，各国必须遵循。同时，阐述了研究人类共同继承财产概念特质的理论意义和 实践意义。 【Abstract】The common heritage of mankind principle has become a major principle under the United Nations Convention on the Law of the Sea (UNCLOS). However, when it comes to the nature of the concept of common heritage of mankind, there are many different views among scholars in the international academic community. After analyzing the emergence, evolution and connotation of the concept of common heritage of mankind, this paper explores the nature of the concept noting that, as a legal concept containing substantial contents and specific principles, it has acquired the status of international custom which all countries should comply with. Additionally, the paper also expounds the theoretical and practical significance of research and discourses on the nature of the concept of common heritage of mankind.