The Greater Earth
“Is our modern world ready to accept that some spaces and some resources cannot be nationally appropriated? It would seem so. Is it ready to think about subjecting the economic gains of the exploitation of these resources to a universal democratic process
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J. Arnould, Icarus' Second Chance © Springer-Verlag/Wien 2011
The Greater Earth
7 The Greater Earth “Is our modern world ready to accept that some spaces and some resources cannot be nationally appropriated? It would seem so. Is it ready to think about subjecting the economic gains of the exploitation of these resources to a universal democratic process by ignoring the differences in the technological and financial levels of members of the international community? As international relations stand, it would seem not.”48 Space is no longer exclusive to the gods as Ptolemy already suggested: “But when I trace at my pleasure the windings to and fro of the heavenly bodies, I no longer touch Earth with my feet. I stand in the presence of Zeus himself and take my fill of ambrosia”. Humanity may have succeeded in reaching space, but does that confer a right to ownership? Must it, can it apply the thoughts, methods and arrangements to which humankind and its societies have traditionally resorted on Earth? When all is said and done, to whom does space belong?
7.1 Space, the heritage and province of all mankind The forefathers of space law, the policy leaders who committed their countries to signing and ratifying space resolutions, agreements and treaties put forward and supported an essential notion, that of the freedom of exploration and use, with the association of the notions of non-appropriation, cooperation and the prohibition of some activities (e.g. in terms of nuclear weapons). To do this, they resorted to several legal notions, in particular those of common property, common heritage and province. The first article to the Outer Space Treaty defines the foundations of the status of space: “Article I: x 1. 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, irrespective of their degree of economic or scientific development, and shall be the province of all mankind. x 2. Outer space, including the Moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies. x 3. There shall be freedom of scientific investigation in outer space, including the Moon and other celestial bodies, 121
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and States shall facilitate and encourage international cooperation in such investigation.”49 What does the 1967 Treaty claim in this first article? Basically, that space is not a no mans land that could be occupied and exploited by the first to arrive, or by any subsequent parties. The Treaty defines space as having an international character and cannot be claimed or appropriated by any State. It must be considered as a public domain where everyone must ensure order, peace and equality between States. Making a statement like this in the mid 1960s was clearly significant. Thus, at a time when the two largest world powers, the US and the Soviet
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