The Law of Space ResourcesAdam Manning LL.B., LL.M.

Adam Manning LL.B., LL.M.

Civil Litigation Solicitor

• Environmentalism– Friends of Weston Shore– Green Hampshire

• Space Settlement– The SPACE Project

• Cosmo-ecology– The radiation of life from

Earth out into the cosmos

• Transhumanism

The SPACE Projectfrom the British Interplanetary

Society

The SPACE Project

A study project for the British Interplanetary Society

Lead by Jerry Stone.

Examining the work from the 1970s

of Dr Gerard O’Neill and his colleagues regarding the large scale settlement of space and

the construction of large space habitats.

Adopting a multi-disciplinaryapproach.

SPACE LAW

UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS

SPACE RESOURCESUSED IN HABITAT CONSTRUCTION

SPACE RESOURCES AND SPACE LAW

THE LAW OF SPACE RESOURCESHISTORICAL CONTEXT

“cuius est solum, eius est usque adcoelum et ad inferos”

A common law principle that fell into

decline with the invention of aircraft.

Also see Arthur C. Clarke’s article for

the British Interplanetary Society, “The Challenge of the Spaceship:Astronautics and its Impact onHuman Society” (1948)

and the Civil Aviation Act 1982.

THE SPACE AGE

The beginning of the Space Age suggested that a regulatoryregime was required to manage the exploration of Outer Space.

The United Nations became the natural focus for these efforts.

This was coupled with disarmament talks between the USA andUSSR, particularly after the Cuban Missile Crisis.

The successful Antarctica Treaty System can be viewed as a model

for the regulation of space exploration and exploitation.

THE OUTER SPACE TREATY 1967

The preamble mentions the common interest of allmankind in exploring space and that this should be for the benefit of all peoples regardless of economic

development.

Article 1 – The exploration and use of space shall be thecommon province of all mankind.

Article 2 – Prohibits claims for national sovereignty.

Article 6 – State liability for non-governmental entities.

Article 12 – Installations on celestial bodies open for inspection.

THE MOON AGREEMENT 1979

This Treaty gained support from developing countries. It develops theprinciples found in the Outer Space Treaty.

Article 4 – The exploration and use of the Moon shall be the province

of all mankind and carried out for the benefit of all countries.

Article 7 – State parties must take measures to prevent disruption of the “existing balance of” the environment of the Moon.

Article 11 –The Moon and all other resources of space are thecommon heritage of mankind. An international regime will be

createdwhich will manage the use and exploitation of space resources.

THE MOON AGREEMENT 1979ARTICLE 11 – INTERNATIONAL REGIME

Para 1 – The Moon and its natural resources are the common heritage

of mankind.

Para 3 – Prohibits ownership of the surface, subsurface or any of the

natural resources of the Moon.

The use of space resources has to be in compliance with aninternational regime. This has a number of principles including:a. safe and orderly development and rational management;b. expansion of opportunities to use these resources; andc. equitable sharing with all states of the benefits of using

these resources, with consideration for developing countries.

THE COMMON HERITAGE OF MANKIND (“CHM”)

The CHM principle has beenreferred to as a revolution and as the most important legal principlefor thousands of years.

It is often attributed to a MalteseAmbassador named Arvin Pardo in 1967 in connection with the Law of

theSea.

It can also be found in a letter fromRalph Smith, in the Journal of the British Interplanetary Society in

1949.

THE LAW OF SPACE RESOURCES – A FUTURE?

New American legislation seeks to

promote the exploitation of space

resources but has to do so incompliance with international

law.

Working towards an internationalregime that promotes theCommon Heritage of Mankindprinciple. The International Seabed Authority could giveinsight into this.

A SOLAR SYSTEM WIDE SOCIETY

The full implementation of theCHM principle could involve thecreation of a Common HeritageAssembly, in which membersmeet and take decisions withoutreference to their national origins.

The Common Heritage Principlehas the potential to play a role inSpace Law similar to the PrimeDirective in Star Trek!