The legal regime of outer space in light of the Law of the Sea - Ocean Sustainability in the 21st Century - page 398

It has to be stressed that principles I-IV stipulated in the OST are generally accepted
and have therefore passed into customary international law so that they are binding for all
states (Lyall and Larsen, 2009 ) . The large number of ratifications (102 states are party to
the Treaty - cf. United Nations Doc. A/AC.105/1045 of 23 April 2013) and the presence
of its fundamental principles in all the agreements and documents concerning space law
coupled with the practice of states make this Treaty truly successful. Furthermore it has
guaranteed the peaceful development of space activities so far.
Nevertheless the prevailing opinion on the matter does not draw a balance between
the fundamental principle of international cooperation and the ethical provision enshrined
in the Treaty in Article I.3 and the practice. Indeed the regime of freedom intrinsic to the
res communis omnium is 'inherently favourable towards a laissez-faire approach', which
leaves room for pragmatic and opportunistic reasons, since the perception is rather founded
on individualism than 'on a community-oriented basis' (Paliouras, 2014 ).
The concept of use, which includes both commercial and non-commercial purposes of
space activity, is frequently the object of ambiguous interpretation, since the res communis
principle allows the economic exploitation of space to one's advantage to the extent that
it does not impair the respective freedoms of others (Back Impallomeni, 1983 ; Paliouras,
2014 ) .
The logic of the market, especially in connection with the development of the com-
mercialization and privatization of space activities, prevails on the principle of common
benefit arising from space activities, stipulated in the OST, according to which benefits
should be granted to all countries on the basis of equal opportunity. The materialization of
this principle should be found in the fact that the space-faring countries should help those
states lacking space capabilities to participate in space activities for the sharing of derived
benefits. This principle is usually deemed to have been implemented through the participa-
tion of developing countries in international organizations and in bilateral and multilateral
agreements. Scientific research and observation of the Earth in areas of natural disasters
are good examples of such cooperation.