The Common Heritage of Mankind Provision in the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies
Year: 1980
Type: article
Abstract: The Common Heritage of Mankind Provision in the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies'The res communis humanitatis concept has been considered by its proponents to be an augmentation of the res communis principle as it related to the moon and other celestial bodies.A function of the concept was to "avoid the legal vacuum of non-appropriation, nonproperty, non-cession, non-exchange, non-lease, non-sale, non-transfer and so forth." A. A. Cocca, The Principles of the "Common Heritage of all Mankind" as Applied to Natural Resources from Outer Space and Celestial Bodies, PROCEEDINGS OF THE 16TH COLLOQUIUM ON THE LAW OF OUTER SPACE, p. 174 ( 1974).Applying the concept only to the moon and other celestial bodies Cocca indicated support coming from a congress of international lawyers meeting in Buenos Aires in 1969.They concluded that the concept was a "legal condition especially elaborated by law for this new field of human activity, and which is derived from the community of interests and benefits recognized in favor of mankind in outer space and celestial bodies."Id.Support for the concept was found to exist in the 1967 Principles Treaty.'Other outer space treaties binding the United States and the major space-resource states are the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, December 3, 1968, 19 U.
Author: Carl Q. Christol
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3129932003