Outer Space as the Province of all Mankind - an Assessment of 40 Years of Development

Paper number

IAC-07-E6.5.04

Author

Mr. Stephan Hobe, Institute of Air & Space Law, Germany

Year

2007

Abstract

Article I is at the very heart of the provisions of the Outer Space Treaty (OST), the Magna Carta of space law that celebrates its fortieth anniversary this year. Article I OST not only enshrines the fundamental principle of freedom of exploration and use of outer space by all States (paragraph 2), but it also contains an important limitation to such exploration and use in its paragraph 1. Over the past forty years, the exact scope and content of this latter provision has given cause to much debate, however. Against the background of the developments during forty years of the Outer Space Treaty’s existence, this paper shall first examine the original concept of the wording “province of all mankind”. It then examines in how far outer space can be perceived as the “province of all mankind” in an era of privatisation and commercialisation of space activities. Finally, it shall evaluate what follows from this perception for the exploration and use of outer space. 
Article I (1) of the OST has a quite vivid history. Rooted in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (UN GA res. 1962 (XVIII) of 1963), its incorporation into the Outer Space Treaty did not resolve doubts about its legally binding nature altogether. To some extent, its broad wording accounted for these doubts, the broadness of which has moreover given room to various interpretations of its exact content. 
At the beginning, the objective was clearly to require states to internationally co-operate in their space ventures, by calling attention to the essential needs of mankind. What remained unclear, however, was the obligation resulting thereof. Due to the different interests at stake, there are obvious tensions between the calls of developing countries for concrete obligations of international cooperation and the space-faring nations’ assertions. These assertions have at its core that while Article I (1) OST may contain a general obligation to co-operate it does not contain any specific obligations. Drawing parallels to the concept of Common Heritage of Mankind, it will be shown where the balance of these issues is tilted in the early 21st century. While developing countries had been active in promoting their interests especially in the years leading up to the Space Benefits Declaration of 1996, the final shape of this Declaration that somewhat can be understood as an authoritative interpretation of Art. I para. 2 OST suggests that specific obligations require explicit further co-operation of developed nations, based upon their free will.

Abstract document

IAC-07-E6.5.04.pdf

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