Geoscience Reference
In-Depth Information
11.6 Conclusions
At its inception, space law was influenced by the concern of the international community
about the eventual militarization and weaponization of outer space and by the urgency to
avoid activities in this context being undertaken in a
vacuum juris
. Thus space law has
looked at other areas of international law, in particular, the law of the sea as a reproducible
model with respect to many solutions, and through the absence of state sovereignty in space,
and shaping the freedoms of exploration and use (although marked by functional limits).
The end of the Cold War rekindled fears that the scale of investment in space activities
would have dwindled in the absence of an incentive for private capital to replace the role
of states. Although it is assumed that during the law making phase, space activities were
largely due to the states' initiatives - and indeed the drafters of space treaties saw little im-
mediate need to focus attention on regulating private activities - these were envisaged by
Article VI of the OST, which charges states with international responsibility for the activ-
ities carried out in outer space, including the Moon and other celestial bodies, by private,
both natural and juridical persons, governmental agencies or non-governmental entities. As
a part of this responsibility, Article VI specifies that private activities require authorization
and continuing supervision by the 'appropriate' state and therefore this entails states provid-
ing an adequate legal framework.
Article VI of the OST constitutes the only provision dealing with the private sector, but
it is a starting point for the development of national space legislation, which currently en-
gages most of states' efforts. Private space sectors will be essential to the future colonization
and exploitation of the Moon and celestial bodies, but a clear legal framework governing
the activities of exploitation and mining of lunar resources and the connected regime, con-
cern for protecting and preserving the environment, and dispute resolution are fundamental
conditio sine qua non
to allow the future development of space activities on the Moon and
Mars, which are the new frontiers of space missions.
