Geoscience Reference
In-Depth Information
Again space law looks at the analogical antecedents, such as the deep seabed, lying
beyond the limits of national jurisdiction and the setting up of the ISBA, which realizes
thecommonheritage ofhumankind.Similarly tothesituation producedbeforeintroduction
of the amendments provided by Part XI of the UNCLOS and by the Implementing Agree-
ment, space law is in deadlock, since the Moon Agreement draws balances which satisfied
the ambitions of the developing countries in the 1980s, but which fail to realize the eco-
nomic return on the important investments needed for exploitation of the Moon's resources.
However the scarcity of ratification, even by developing countries, shows that the Moon
Agreement is unsatisfactory for all countries, both developed and developing.
If it is not clear what the future will be for this Agreement, given the number of ques-
prospective international regime governing the exploitation of natural resources is needed.
The Joint Statement on the benefits of adherence to the Moon Agreement by States Parties
to the Agreement (United Nations Doc. A/AC.105/C.2/L.272 of 3 April, 2008), previously
mentioned, is particularly meaningful in this regard.
The law of the sea shows that a compromise between opposite interests is possible,
although this does not necessarily entail adoption of the same models established under the
UNCLOS.
In the meantime, the OST remains the legal framework of reference, the applicability
of which has so far been limited to the use of outer space and has not served for the exploit-
ation of natural resources on the celestial bodies. The commercial exploitation of limited
natural resources on the Moon and other celestial bodies should be governed according to
a prospective legal framework which should prevent the 'first-come-first-served' principle
and be able to at least implement the benefits established by Article I of the OST.
If implementation of the legal framework envisaged by the Moon Agreement does
not fulfil the expectations of the majority of the countries, it deals with a known dynamic,
which opposes developed and developing countries accessing and sharing the benefits
arising from limited resources. UNCLOS provides an invaluable example in this respect.
