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2. Activity of private persons in space
It is questionable whether Article I, Paragraph 2 of the Space Treaty allows not
only states but also an individual, that is, a natural person or legal entity, to use
Space. The answer is contained in Article VI of the Space Treaty. According to this
article states parties to the treaty bear international responsibility for national activities
in outer space, whether such activities are carried on by governmental agencies or
by
non-governmental entities
. Under the non-governmental entities are understood
private corporations, private persons
7
etc. The provision of Article VI is identical with
Paragraph 5 of the Declaration of Legal Principles Governing the Activities of States
in the Exploration and Use of Outer Space of 1963. The original proposal by the UK
and the USA related to the Declaration mentioned the activity of non-governmental
entities. On the contrary, the USSR proposal
8
of 1962 was based on the concept
that only states can explore and use outer space. Western states were critical of this
proposal, so the formulation stemming from the UK proposal
9
was adopted in the
end. It is a compromise provision, contained in Article VI of the Space Treaty, where
the activity of non-governmental entities in outer space, including the Moon and other
celestial bodies, is allowed. The activities of non-governmental entities in outer space,
however,
require authorization and continuing supervision by the appropriate state party
.
This provision, therefore,
cannot be interpreted
as allowing the acceptance of the
concept
of freedom
10
in relation to
activities of private persons
in outer space. Activities of these
persons, however, should be permitted and should be under continuing supervision by
the appropriate state. States parties to the Space Treaty do not have a direct obligation
to perform any legal or other measures in this direction. In case, however, they do not
take the necessary measures, there is a danger that they will breach the provisions of the
Space Treaty as a result of the activities of their natural persons or legal entities.
Related to the activity of states, international organizations, and also natural
persons or legal entities, is the issue of ownership of objects launched into outer
space, constructed in space, or the natural resources explored on celestial bodies,
things made in space, and also the inventions and other results of activities in the
area of industrial property.
7
See Bockstiegel, K.H. Kramer, D.M, Polley, I. Patent Protection for theOperation ofTelecommunication
Satelite Systeme in Outer Space?
Zeitschrift fur Luft und Weltraumrecht
, 1998, No. 2, p. 169.
8
See Doc. UN A/AC. 195/L.2 from 10 September 1962.
9
See Vereshchetin, V.P. Space Activities of “Nongovernmental Entities” Issues of International and
Domestic Law. Proceedings of the 24 th. Colloquium on the law of Outer Space. Budapest, 1983,
p. 262.
10
ibid
.