Geoscience Reference
In-Depth Information
directly dealt with by Article IX of the OST, is also stressed by the Moon Agreement in a
specific provision (Art. 7.1).
In this context, the rational use of resources makes reference to the equitable sharing
ofthe benefits, andthat imposes special consideration ofthe needs ofdeveloping countries.
According to the common heritage of mankind principle, the owner of the resources should
be considered mankind as a whole, entitled by the international community to authorize the
exploitation and appropriation of the common resources.
In the context of the law of the sea, the ISBA has been conceived as an international
organization, acting on the behalf of all states, and accordingly, it is intended to represent
humanity as a whole. The regime for the exploitation of the seabed beyond national juris-
dictions is based on a 'parallel system', according to which it can be exploited both by the
Enterprise and by commercial operators. The Enterprise acts as the operational body of the
ISBA and has the legal capacity provided for by statute as envisaged by Annex IV to the
1994 Agreement to carry out direct activity in the area (Art. 170 of UNCLOS).
The common heritage of mankind principle contained in the Moon Agreement, which
at the time of its inclusion was very much debated, is again at stake because of the manned
return to the Moon planned mostly by space agencies (USA, Russia, Canada, China, India,
Japan, ESA) to conduct scientific investigation and to test the potentiality of the natural re-
sources, which actually are limited. It deals especially with oxygen and water which could
potentially be utilized in a space colony and helium-3. Thus the feasibility of the exploita-
tion of the Moon does not seem to be an imminent prospect.
11.3.2.1 The Moon Agreement and the debate on the exploitation of lunar
resources
Leaving aside Article 11, most of the principles enunciated in the Moon Agreement are
basically a re-elaborated version of the provisions of the OST, so that they are generally
accepted (Arts. I-IV of the OST have passed into customary law). Article 11 constitutes at
the same time, novelty and evolution with respect to the previous space treaties, but also
the most controversial point.
