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Regulating Space Resource Activities in a Fair and Equitable Manner
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Article 11 (1) of the 1979 Moon Agreement enshrined the principle of the common heritage of humankind in space law. As of 2023, the Moon Agreement has been ratified by fewer than 20 countries, with many considering this principle the reason for it. This is mostly due to a lack of understanding (and many misconceptions) of its precise meaning and legal effects. However, due to the recent focus on space resource activities, it is fundamental that we understand it and how it can be helpful to regulate space resource activities in an equitable and fair manner. In this article, I analyse and explain the common heritage principle and its elements. First, I look at its interpretation in scholarly work in order to identify its features in international law. Following this, I address the Outer Space Treaty as the basis of the Moon Agreement. I end with an assessment of the latter treaty, to understand the dimensions of common heritage in space law. After these steps, I submit that the common heritage principle should not be discarded and remains the best approach to the issue of space resource activities.
Descrição
Funding Information: The author would like to acknowledge the funding received by the Portuguese Foundation for Science and Technology without which this work would not be possible. Funding Information: This work is an adaptation of the author's Master's dissertation (Marques de Azevedo, 'The Principle of Common Heritage of Humankind in the Law of the Outer Space', http://hdl.handle.net/10362/140419), whose results have been presented at the 2022 essca Space Law & Policy Workshop. The author would like to acknowledge the funding received by the Portuguese Foundation for Science and Technology without which this work would not be possible. Publisher Copyright: © 2024 Brill Nijhoff. All rights reserved.
Palavras-chave
common heritage of humankind Moon Agreement Outer Space Treaty space law space resource activities Social Sciences (miscellaneous) Political Science and International Relations