Article II of the Outer Space Treaty and Human Presence on Celestial Bodies: Prohibition of State Sovereignty, Exclusive Property Rights, or Both?
- Paper number
IAC-05-E6.2.02
- Author
Mr. Ricky J. Lee, Ricky J. Lee & Associates, Australia
- Year
2005
- Abstract
Article II of the Outer Space Treaty prohibits the “national appropriation” of outer space and celestial bodies. For decades since the adoption of the treaty, debate has continued over to what precisely the prohibition extends in practice. Some scholars have taken the view that this prohibits the assertion of state sovereignty only while some others are of the opinion that this prohibits both sovereignty and exclusive property rights. This paper seeks to outline some of the practical implications of the impasse over the precise meaning of Article II of the Outer Space Treaty on possible human presence on celestial bodies, from temporary visits to permanent settlement. Issues such as the construction of facilities and installations, mineral extraction for use by the settlement and, possibly, future colonisation. The paper then reviews the more probable interpretations that may be given to the provision and the consequent implications this would have on future human activities on celestial bodies.
- Abstract document
- Manuscript document
IAC-05-E6.2.02.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.