19
The way forward
A
s more actors seek to leverage their presence in space and pursue commercial interests there is a greater need to clarify the meanings and scope of the principles contained in the OST. The principles of non-appropriation, equitable access and peaceful use are as important as ever, but there needs to be international agreement to uphold these norms and the fundamental spirit of the OST.93 Some scholars argue that extreme measures are necessary, for example, denying all property rights in space, including ownership of samples collected or resources extracted. However, such measures could deny space exploration and research advances in key technology areas, ranging from medicine to crisis management. Furthermore, governments and commercial actors are unlikely to agree to restrictive measures.94 Instead, the literature generally suggests that the principles of international space law are upheld through a variety of policy frameworks designed to protect the interests of all humankind.95 There are several ways in which the legal framework could maintain the key OST principles. These are identified as areas in need of further research, summarized in the box on the right.
Areas for further research ➢ Clarify the various interpretations of the principles contained in the OST, particularly relating to the nonappropriation principle, documenting a range of perspectives, including remote or minority communities. ➢ Assess the Moon Agreement as a potential foundation for an international regime to govern resource extraction in space, considering other treaties, new agreements, or governance structures. ➢ Examine the future role of the International Telecommunication Union (ITU), identifying potential responsibilities and measures for equitable allocation of GEO positions. ➢ Understand ways to enhance dialogue via multilateral UN fora, such as the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). ➢ Assess other regimes that uphold the principle of non-appropriation, such as UNCLOS, and assess their transferability to space. The Moon Agreement provides a useful foundation for governing space exploitation.96 The MA calls for the establishment of an international regime to govern resource exploitation as it becomes technologically feasible. However, the Agreement does not offer details about what such a regime should look like.
93
Pershing (2019). Ibid. 95 Balleste (2020). 96 Zannoni (2020). 94
EQUITABLE ACCESS TO SPACE
INTERPLANETARY INITIATIVE
