Space Education and Strategic Applications Journal
ies as to be able to sell the resources to others for their own profit .
International space law was born as a subset of public international law in 1963 , when the United Nations General Assembly adopted a Declaration of Legal Principle Governing the Activities of States in the Exploration and Use of Outer Space . 5 The Declaration captured nine important principles which were ultimately carried into the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space , Including the Moon and Other Celestial Bodies 6 ( the Outer Space Treaty ), ratified in 1967 . The Outer Space Treaty is often referred to as the Magna Carta of space and indeed as its name suggests , it offers only Guidelines and Principles — general “ ground rules ” 7 — rather than clear and specific rules and regulations . Thus , it is not surprising that the Treaty contains many gray areas , gaps and even internal inconsistencies . Chief among the open questions is the interpretation of Article II of the Outer Space Treaty which states in full : “ Outer space , including the Moon and other celestial bodies is not subject to national appropriation by claim of sovereignty , by means of use or occupation , or by any other means .” 8 While the international community largely agrees this means that no sov- ereign may make a claim to extraterrestrial territory , the question remains as to the status of resources extracted from such territory . Moreover , the provision is softened , some might say undercut , by following articles in the Treaty which indicate that States shall give “ due regard ” 9 to the activities of others in space , suggesting that some sort of right is to be respected .
There remains fundamental disagreement regarding how to implement an international regime to regulate the utilization of space resources . It is without question that the decisions made today will have far-reaching implications in respect to successful and sustainable exploration and use of space . But how permissive should it be ? Some would argue space is a global commons and that all resources should be shared , precluding private sale . Other , of course , take the opposite approach , arguing space resources are open and available for the taking and any regulations would hinder innovation and possible slow or halt space resource extraction projects . This article does not offer an answer . It provides a path . Rather than starting at opposite ends of the spectrum , the international community should start with a concept that has already been accepted and honored by virtually every nation on Earth : the protection of cultural her-
5 G . A . Res . 1962 ( XVIII ) ( Dec . 13 , 1963 ).
6 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space , Including the Moon and Other Celestial Bodies , Jan . 27 , 1967 , 18 U . S . T . 2410 , 610 U . N . T . S . 205 [ hereinafter Outer Space Treaty ].
7 Valentina Vecchio , Customary International Law in the Outer Space Treaty , 3 German Journal of Space Law 66 , 501 ( 2017 ).
8 Outer Space Treaty , supra note 6 , art . II . 9 Id . art . IX .
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