ABSTRACT
In the realm of outer space, the activities therein are developing from it was conducted only by two Space Powers. In late 50’s, outer space serves as a theatre of two nations in showing each powers, both in civil and military purposes. In this situation, swathed with political tensions, the United Nations successfully concluded “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” (hereinafter The 1967 Outer Space Treaty). This treaty, known as ‘Magna Charta’ of outer space, consists of fundamental principles for States in conducting their space activities. One of these principles is the Common Heritage of Mankind. From time to time, this principle is facing challenges and criticisms along with the development of space activities.
Nowadays, space activities turn out into a flourish business which conducted not only by States, but also by companies. This situation could be referred as the commercialization of outer space, which defines as increasing commercial activities conducted in outer space. Commercial activities can be divided into several categories, namely Telecommunication, Transportation, Remote Sensing, Materials Processing, and Exploitation of Natural Resources. Nonetheless, commercial space activities do not seem in line with its legal development. This further supported by different views adopted by States concerning various space activities. Thus, these differences have led international community into an uncertain legal atmosphere.
Different views adopted by States have been an endless debate between developing States and developed States, especially in the exploitation of various natural resources contained in outer space and its celestial bodies. For instance, in one side developed States insist to reject the Common Heritage of Mankind principle. They stated that this principle has become a bar to the development of space activities. In this vein, with regards to exploitation of natural resources developed States stated that the resources could be appropriated since the provision on the 1967 Outer Space Treaty only prohibits appropriation of the “area” rather than the resources. On the other hand, the developing States sought protection by invoking the Common Heritage of Mankind principle and stated that no appropriation whatsoever can be conducted over any object in outer space and celestial bodies. They contend that the view of developed States is groundless since the resources are in any means attached in the “area” where no appropriation could be made. The different opinions concerned may affect commercial activities and investments. Automatically, the development of space activities would be barred by this situation.
This paper will concentrate on whether the Common Heritage of Mankind principle still relevant in the commercial atmosphere of space activities. This paper will be divided into 5 parts. Part I discusses the background of the issue, which is the existence of different views adopted by States towards the Common Heritage of Mankind principle. Part II of this paper describes the history of space activity and the origin of legal instruments regarding outer space activities. This is since in order to examine a principle, a sufficient knowledge on how the principle was drafted is needed. Part III examines the rise of commercial space activities. This part describes the background and effect of such commercial activities to the space activities in general including exploitation of natural resources in outer space. Part IV of this paper analyzes the implication of commercialization of outer space towards the Common Heritage of Mankind principle. This part examines the different views and interpretations adopted by States with regard to the Common Heritage of Mankind principle. Finally, Part V concerns the conclusion obtained by the Writer according to previous parts of this paper.
by Heru Muzaki, S.H.
Nowadays, space activities turn out into a flourish business which conducted not only by States, but also by companies. This situation could be referred as the commercialization of outer space, which defines as increasing commercial activities conducted in outer space. Commercial activities can be divided into several categories, namely Telecommunication, Transportation, Remote Sensing, Materials Processing, and Exploitation of Natural Resources. Nonetheless, commercial space activities do not seem in line with its legal development. This further supported by different views adopted by States concerning various space activities. Thus, these differences have led international community into an uncertain legal atmosphere.
Different views adopted by States have been an endless debate between developing States and developed States, especially in the exploitation of various natural resources contained in outer space and its celestial bodies. For instance, in one side developed States insist to reject the Common Heritage of Mankind principle. They stated that this principle has become a bar to the development of space activities. In this vein, with regards to exploitation of natural resources developed States stated that the resources could be appropriated since the provision on the 1967 Outer Space Treaty only prohibits appropriation of the “area” rather than the resources. On the other hand, the developing States sought protection by invoking the Common Heritage of Mankind principle and stated that no appropriation whatsoever can be conducted over any object in outer space and celestial bodies. They contend that the view of developed States is groundless since the resources are in any means attached in the “area” where no appropriation could be made. The different opinions concerned may affect commercial activities and investments. Automatically, the development of space activities would be barred by this situation.
This paper will concentrate on whether the Common Heritage of Mankind principle still relevant in the commercial atmosphere of space activities. This paper will be divided into 5 parts. Part I discusses the background of the issue, which is the existence of different views adopted by States towards the Common Heritage of Mankind principle. Part II of this paper describes the history of space activity and the origin of legal instruments regarding outer space activities. This is since in order to examine a principle, a sufficient knowledge on how the principle was drafted is needed. Part III examines the rise of commercial space activities. This part describes the background and effect of such commercial activities to the space activities in general including exploitation of natural resources in outer space. Part IV of this paper analyzes the implication of commercialization of outer space towards the Common Heritage of Mankind principle. This part examines the different views and interpretations adopted by States with regard to the Common Heritage of Mankind principle. Finally, Part V concerns the conclusion obtained by the Writer according to previous parts of this paper.
by Heru Muzaki, S.H.
