Part V Military Use of Outer Space, 19 Definitional Issues in Space Law: the 'Peaceful Use' of Outer Space, including the Moon and other Celestial Bodies

1997 ◽  
Author(s):  
Cheng Bin
Keyword(s):  
Outer Space ◽  
The Moon ◽  
Space Law ◽  
Celestial Bodies

scholarly journals Sapnis par kosmosa bagātībām – vai kosmosa resursu ieguve ir likumīga?

2021 ◽  
Author(s):  
Lūcija Strauta ◽  
Keyword(s):  
United Arab Emirates ◽  
Outer Space ◽  
The United States ◽  
Legal Framework ◽  
The Moon ◽  
Commercial Exploitation ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Celestial Bodies

The paper assesses whether the national legal framework of the United States, Luxembourg and the United Arab Emirates, which stipulates that space resources can be privately owned, and legalizes the acquisition of space resources for commercial purposes, complies with international space law. The article analyses the scope of space use delineated by the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as the subsequent national practices after the entry into force of these agreements, national space law, national policies and public statements. The aim of the analysis is to determine whether international space law contains a prohibition of the extraction and commercial exploitation of space resources. The study evaluates national comprehensions of the space law content with regard to the freedom to use space. It yields a conclusion that there is no absolute ban on the commercial exploitation of space resources under international space law.

Israel and the Law of Outer Space

1988 ◽  
Vol 22 (4) ◽  
pp. 457-466
Author(s):  
Bruce A. Hurwitz
Keyword(s):  
Outer Space ◽  
The Moon ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Celestial Bodies ◽  
Practical Effect ◽  
The Law ◽  
International Liability

With the launching of Israel's first satellite, Offeq–1, on September 19, 1988, Israel's commitments in international space law came into practical effect. Specifically, Israel is bound through ratification to the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space; and the 1972 Convention on International Liability for Damage Caused by Space Objects. Two additional treaties, the 1975 Convention on Registration of Objects Launched Into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, have yet to be signed or ratified by Israel.

India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

2021 ◽  
pp. 097492842110477
Author(s):  
Athar ud din
Keyword(s):  
International Law ◽  
Outer Space ◽  
National Space ◽  
Commercial Use ◽  
Future Space ◽  
Space Law ◽  
Recent Developments ◽  
Celestial Bodies ◽  
Emerging Powers ◽  
Space Activities

As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

The Outer Space Treaties

1969 ◽  
Vol 73 (705) ◽  
pp. 751-758
Author(s):  
Francis Vallat
Keyword(s):  
United Nations ◽  
Outer Space ◽  
General Assembly ◽  
The Moon ◽  
Celestial Bodies ◽  
The United Nations

In this lecture I intend to talk about two treaties adopted under the auspices of the General Assembly of the United Nations. To give them their full titles, they are the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and other Celestial Bodies and the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. For convenience, I shall call them the Treaty on Outer Space and the Agreement on Rescue and Return.

Contemporary Practice of the United States Interpretation of Treaties

1981 ◽  
Vol 75 (1) ◽  
pp. 147-147
Keyword(s):  
Outer Space ◽  
The United States ◽  
Vienna Convention ◽  
General Counsel ◽  
The Moon ◽  
Customary International Law ◽  
Science Technology ◽  
Celestial Bodies ◽  
Un General Assembly ◽  
Contemporary Practice

At a hearing on the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the Moon Treaty), adopted by the UN General Assembly on December 5, 1979, which the Subcommittee on Science, Technology, and Space of the Senate Committee on Commerce, Science, and Transportation held on July 29, 1980, S. Neil Hosenball, General Counsel of the National Aeronautics and Space Administration and U.S. representative on the UN Outer Space Legal Subcommittee, stated that interpretation of the Agreement depended upon its negotiating history as required by the Vienna Convention on the Law of Treaties (1969) and by customary international law.

The Future of Sustainable utilization of resources on the Moon: a new international legal regime?

2020 ◽  
Author(s):  
Diego De Blasi
Keyword(s):  
Natural Resources ◽  
Outer Space ◽  
Critical Issue ◽  
Sustainable Utilization ◽  
The Moon ◽  
The Future ◽  
Celestial Bodies ◽  
Lunar Environment ◽  
Space Activities

<p>Outer space activities are increasingly bringing the international (scientific) community to upper stages of knowledge and awareness. With particular reference to <strong>Lunar exploration</strong>, general involvement of all States (also within a context of public-private partnerships initiatives) towards <strong>the principle of sustainable utilization of lunar resources</strong> shall represent an important requirement for the future of all Mankind</p><p><br>Thus, the <strong>safeguarding of lunar environment</strong> (the equitable/intragenerational utilization of its resources) shall represent a critical issue for the whole evolutionary framework of the <em>Corpus Iuris Spatialis</em></p><p>Firstly, the principle herein shall be taken into examination under the provisions laid down in the A<em>greement governing the Activities of States on the Moon and other Celestial Bodies.</em> Accordingly, article 11 states <em>“the moon and its natural resources are the common heritage of mankind”[..]; as well, “The moon is not subject to national appropriation by any claim of sovereignty, by means of use or occupation, or by any other means..” (paragraph 2)</em></p><p><em> </em><br>Secondly, other concerns may also take into account: a)<strong> the perspective of ISRU (in situ resources utilization) processes</strong>, which shall take place towards sustainability means b) the undertaking of well balanced measures in exploring and using natural resources <em>vis-à-vis</em> adverse changes in lunar environment <em>(article 7, par. 1, Moon Treaty)</em>. In addition, besides the terms pursuant to the establishment of peaceful use of (space) lunar activities, an adequate <em>consensus</em> shall be called upon States beyond the <em>status quo</em></p><p>  <br>In conclusion, the aferomentioned background shall also consider the adoption of a comprehensive <em><strong>Additional Protocol to the Moon Treaty</strong></em> concerning <em>the sustainable utilization of lunar resources</em>. Arguably, this progressive framework may also be welcomed as milestones towards <em>further legal developments in international space law </em></p><p> </p><p> </p>

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