Space Education and Strategic Applications Journal
It is noteworthy that recognition and protection , pursuant to the World Heritage List , does not operate in a vacuum . Indeed , as noted , the genesis of the World Heritage concept was found in the need to balance the development of Egypt with the protection of Nubian heritage . Thus , in every case “ there is need to have a holistic approach in order to retain the outstanding universal values of the property while addressing the needs of communities from conceptual processes to operationalization .” 65
In short , protecting human history in space is not anti-development . Indeed , a by-product of such protection will be to lay the foundation for the certainty entities need to move forward in the development of a thriving space economy .
Though the process by which a site is designated World Heritage is not perfect , it is rigorous . A State must prepare a nomination file which . In the case of cultural heritage , is evaluated by the International Council on Monuments and Sites ( ICOMOS ). Once nominated and positively evaluated it is sent to the World Heritage Committee which meets once a year to decide which sites will be inscribed on the World Heritage List . 66 Unfortunately for heritage sites located in space , a nominated property must occur “ on the territory of a single State Party , or ... on the territory of all concerned States Parties having adjacent borders .” 67 As discussed above , the terms of the Outer Space Treaty preclude the possibility of nomination through this process as Article II specifically prohibits territorial claims by any State in space . And so we cannot apply the World Heritage Convention to sites in space .
IV . Of Safety Zones and Related Measures
While NASA is willing to pay for Moon dust in an effort to support commercial space resource utilization , that does not address the tension between non-appropriation and due regard . In addressing this dichotomy in the Outer Space Treaty , nongovernmental organizations , lawyers and policymakers have suggested the implementation of so-called safety zones . The Hague International Space Resources Governance Working Group , 68 ( Hague Working Group ) in
65 World Heritage Committee , 43rd Session , Item 7 of the Provisional Agenda , 35 ( June 30-July 10 , 2019 ). It is also worth mentioning that designation as a World Heritage Site also can benefit the local economy through increased tourism . While this author believes that lunar tourism will become quite popular in the future , this article will not address the benefits of tourism as the cost alone will prohibit mass tourism . Ultimately , another reason to recognize or protect certain landing sites is to assure that they are not plundered by the very wealthy few so that one day , anyone may be able to draw inspiration from the sites of these incredible achievements .
66 Operation Guidelines for the Implementation of the World Heritage Convention , ¶¶ 120-168 ( July 10 , 2019 ).
67 Id . at ¶ 134 .
68 “ The Hague International Space Resources Governance Working Group was established in 2016 with the purpose to assess the need for a governance framework on space resources and to lay the groundwork for such framework .”
https :/ www . universiteitleiden . nl / en / law / institute-of-publiclaw / institute-of-air-space-law / the-hague-space-resources-governance-working-group .
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