Does the Outer Space Treaty Permit the Protection and Preservation of Cultural Heritage Sites on the Moon?

Author(s):  
Le Bao Ngoc Pham

This chapter introduces the ratification by member states and main contents of the 1967 Outer Space Treaty (Title: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies). Furthermore, the author explains the reason it the contents of the 1967 Outer Space Treaty should be amended. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.


Author(s):  
Lisa Westwood ◽  
Beth Laura O’Leary ◽  
Milford Wayne Donaldson

“Preservation of Space Heritage using Models from the Sea and Antarctica” turns to existing precedents set by the concepts of international waters and lands, like Underwater Heritage for the sea and Antarctica, as possible models for how other properties that lack ownership (such as Tranquillity Base on the Moon) could be preserved. The authors also discuss the concept of cultural landscape as a mechanism that is gaining recognition among other types of historic preservation efforts, being made by the likes of the UN Convention, NASA Guidelines, XPrize, and the Outer Space Treaty, and how it is becoming more important as threats to space heritage are emerging.


2014 ◽  
Vol 2 (1) ◽  
pp. 123-146
Author(s):  
David Sarnacki

This Note will discuss why maintaining the status quo, while waiting for the technology to mature, will encourage development and strengthen the industry before being smothered by laws and regulations promulgated by parties who may have conflicts of interest. This Note will first explain why scientists are attempting to mine asteroids. It will then examine the rules that apply, including the two main space treaties (the Outer Space Treaty and the Moon Treaty), the modern view of the court, and the history of deep-sea mining. Finally, this Note will apply the treaties to modern plans being developed to harvest an asteroid.


AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 153-166
Author(s):  
Šimon Pepřík

The aim of this article is to describe the legal regime of the natural resources of celestial bodies. In recent months and years, there has been an increase in debates regarding mining on the moon and asteroids. This article is dedicated to the analysis of the legal regime of such activities. In particular, whether such activities are possible from the point of view of international law, how they are regulated and what are the potential future developments in this area. The article offers an analysis and comparison of the legal regime governing the natural resources of celestial bodies based on the Outer Space Treaty and the Moon Agreement, respectively. The Moon Agreement is given special attention despite its limited international significance, and arguments are presented in favour of its possible recognition by more states in the future. In both cases, arguments are presented that the non-appropriation principle regarding the outer space and celestial bodies, as expressed in both international treaties, does not apply to the natural resources.


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