Geoscience Reference
In-Depth Information
3
Article 12 of the 1944 Chicago Convention on International Civil aviation states: 'Over the high seas,
the rules in force shall be those established under this Convention. Each contracting State undertakes to
insure the prosecution of all persons violating the regulations applicable'.
4
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched
into Outer Space (Rescue Agreement of 22 April, 1968, entered into force on 3 December, 1968 (672
UNTS 119)); 1972 Convention on International Liability for Damage Caused by Space Objects (Liability
Convention of 29 March, 1972, entered into force on 1 September, 1972 (961 UNTS 1879)); 1975 Con-
vention on Registration of Objects Launched into Outer Space (Registration Convention of 14 January,
1975, entered into force on 15 September, 1976 (1023 UNTS 15)); and 1979 Agreement Governing the
Activities of States on the Moon and Other Celestial Bodies (Moon Agreement of 18 December, 1979,
entered into force on 11 July, 1984 (1363 UNTS 3)).
5
With respect to the modes of acquisition of sovereign titles over territory, it is worth noting a distinction
between areas where the exercise of effective control (
corpus occupandi
) is physically and legally pos-
sible and areas where the sovereignty cannot be acquired by means of occupation (Paliouras,
2014
). Ac-
cording to this opinion, the high seas fall in the former category, since these are areas unsusceptible to a
minimum degree of effective control and therefore 'have
ipso facto
the status of
res communis omnium
'.
Outer space, 'by direct analogy to the high seas', had been
res communis omnium
and not
terra nullius
even before the entry into force of the Outer Space Treaty. Thus, the status of
res communis omnium
of
outer space would follow from its nature, not susceptible to be occupied, and therefore 'to forming a part
of any state's territory' (Paliouras,
2014
).
6
Lyall and Larsen (
2009
) remark that in reality the common heritage of mankind 'goes a long way back'
and the authors make reference to discussions begun early in the 19th century on the Spitsbergen and
Svalbard Archipelago. Furthermore, they also indicate numerous documents taking into consideration the
common heritage of mankind in relation to matters other than the high seas and space law.
7
Article 31.1 of the 1969 Vienna Convention on the Law of the Treaties: 'A treaty shall be interpreted in
good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context
and in the light of its object and purpose.'
8
In January 2012, only the following states had ratified the Moon Agreement: Australia, Belgium, Le-
banon, Mexico, Pakistan, Peru, Kazakhstan, Albania, Algeria, and Andorra.
9
See the works of the International Law Commission (ILC) on the Fragmentation of International Law.
See also the Conclusions on the Work of the Study Group on the Fragmentation of International Law:
