CYIL Vol. 4, 2013

SOVEREIGNTY AND OWNERSHIP IN RELATION TO OUTER SPACE … of the International Space Station (ISS), based on the 1998 Intergovernmental Agreement on Space Station Cooperation. Concerning the international legal regulation of the activities in space, already ten years after the first flight into Space, the basic Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Space Treaty of 1967) was concluded. Four other treaties stemming out of this were signed under the UN framework, as well as four UN General Assembly resolutions adopted in the 80s and 90s of the 20 th century. 1. Freedom of exploration and use of outer space and celestial bodies The Space Treaty is based on the concept of freedom of the space and celestial bodies, which is expressed in its Article I, paragraph 2. In comparison to the traditional concept of open sea as “res communis omnium”, however, it goes further. According to Article I, paragraph 1 of the Space Treaty “the exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries … be the province of all mankind.” The requirement of the benefit and in the interests of all countries goes beyond the frame of narrowly individualistic interests of states which derive from the freedom of the sea. This provision can be explained as saying that the activity in space is conducted for the benefit of all mankind. In case exploration in space does not conform with this requirement, it is in contradiction to this provision and therefore is an exploration which is not allowed. 3 The provision expresses public interest; however, it should be interpreted as a philosophical basis and not as a binding rule. 4 The interpretation of Article I of the Space Treaty is contained in the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries, Declaration 5 of 1996. It is only a general outline of the future regulation. In its interpretation of the Space Treaty it is based on the concept of freedom of exploration and use of space and celestial bodies. C. Q. Christol 6 thinks, in relation to Article I, Paragraph1 of the Space Treaty, that states cannot assert any claims on the results of the activities of other states. He states, for example, they have no right to a share of the Moon rock samples, to data and information from communication devices etc. Article I of the Space Treaty does not exclude commercial activities. 3 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. 167. 4 See Bockstiegel, K. H., Kamer, D. M, Polley, I., op. cit. 3, p. 168. 5 See Carpanelli, E., Cohen, B. A legal Assessment of the 1966 Declaration on Space benefits on the Occasion of its Fifteenth Anniversary. Journal of Space Law , 2012, Vol. 38, No. 1, p. 1 et seq . 6 See Christol, C. Q., The Modern International Law of Outer Space , Pergamonn Press, New York, 1982, p. 43.