CYIL Vol. 4, 2013

JAN ONDŘEJ

CYIL 4 ȍ2013Ȏ

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 .