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SOVEREIGNTY AND OWNERSHIP IN RELATION TO OUTER SPACE …
carried out in a manner compatible with the purposes specified in paragraph 7 of this
article and the provisions of Article 6, paragraph 2, of the Agreement. Purposes in
the Agreement are formed quite generally, apart from the above mentioned equitable
sharing by all states parties in letter d), it deals with the orderly and safe development
of the natural resources of the Moon – letter a), the rational management of
the resources – letter b), and the expansion of opportunities in the use of the
resources – letter c). Any appropriation of resources, until the establishment of an
international regime, will be, according to the Moon Agreement, must comply with
the requirements set by these purposes. Their
appropriation
itself
is not forbidden
.
Some authors, however, claim that the Agreement governing the Activities of States
on the Moon and Other Celestial Bodies of 1979
explicitly forbids private ownership
43
on any celestial body of the Solar system.
It is evident that the Moon Agreement and especially the international regime
for the exploitation of natural resources bind all
state parties.Individuals or private
commercial organizations
are not directly bound by their provisions.
44
Article 14 of
the Moon Agreement is important in this respect. It is formed in a way similar to
Article VI of the Space Treaty. What is especially important about this provision of the
Agreement is that the states parties “shall assure that national activities are carried out
in conformity with the provisions set forth in this Agreement” and also shall ensure
that non-governmental entities under their jurisdiction shall engage in activities on
the moon only under the authority and continuing supervision of the appropriate
state party. As a result of this the state parties are obliged not to permit private
persons any activities which would not be in accordance with the Moon Agreement
as they are themselves bound by its provisions.
45
In relation to the establishment of
an international regime according to Article 11 of the Moon Agreement van Traa-
Engelman
46
writes that, as soon as such regime is established, the
state parties
to the
Agreement will have to adopt provisions through their
national legislation
which refer
to property rights to natural resources on the Moon in accordance with this regime.
Some authors criticize the Agreement governing the Activities of States on the
Moon and Other Celestial Bodies of 1979 and consider it a “dead letter”.
47
Doyle
48
refers to it as to a deficient, useless instrument. The opponents of this Agreement mainly
argue that by forbidding private ownership it creates uncertainty for potential private
43
See Smith, M.M., Dasch, P., Pierce, A. in: Masson-Zwaan, T. Other Report, IISL Colloquium,
4-8 October 1999, Amsterdam.
Journal of Space Law
, 1999, No. 2, p. 147.
44
See Van Traa-Engelman, H. L., Clearness regarding Property Rights on the Moon and Other Celestial
Bodies, 39th. Colloquium on the Law of Outer Space, China, 1996, p. 42.
45
ibid
.
46
ibid
.
47
See Smith, M.M, Dasch, P., Pierce, A. in: See Masson-Zwaan, T. Other Report, IISL Colloquium,
4-8 October 1999, Amsterdam.
Journal of Space Law
, 1999, No. 2, p. 147.
48
See Doyle, S. E., Usány. Extraterrestrial Resources Under the Moon Agreement of 1979.
Journal of
Space Law
, 1998, No. 2, p. 111.