环境保护视野下“人类共同遗产”概念反思

在近代以来权利思维模式的影响下,用类概念的人类取代集合概念的人类,并把环境要素与从环境中获取的财产相混同,从而形成了"人类共同遗产"这一概念,而各国的自利动机最终把这一概念推进了矛盾重重的困境。尽管"人类共同关切"概念在许多方面都比"人类共同遗产"概念更为合理,但不足以解救困境中的"人类共同遗产"概念而成为环境保护视野下对待有关国际公域的正确态度。在环境保护视野下,"人类利益"才是对待国际公域的正确态度。人类利益的实现机制是国际社会应当努力合作探寻的对象。

Reflection on the Concept of "the Common Heritage of Mankind" from the Perspective of Environmental Protection

Under the influence of the human right mindset in modern times, the concept of the collective of human beings was replaced with the concept of the class of human beings, and environmental elements were mixed with property acquired from the environment, leading to form the concept of "the common heritage of mankind". However, national self-interest motives ultimately put the concept in dilemma. Although the concept of "the common concern of mankind" is more reasonable than the concept of "the common heritage of mankind" in many ways, it is still not enough to rescue the concept of "the common heritage of mankind" and doesn't become the correct attitude to treat relevant international public domains from the perspective of environmental protection. "Human interest" is the right attitude to treat the international public domain in the view of environmental protection. The implementation mechanism of the human interest is the objective which the international community should strive to explore cooperatively.