CYIL Vol. 4, 2013

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.