Moon Treaty Paradox
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Author | : Fabio Tronchetti |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 401 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004175350 |
The purpose of this book is to propose a legal regime to govern the exploitation of natural resources of the moon and other celestial bodies. Considering, on the one side, the interest shown by states and private operators to extract and use extraterrestrial natural resources and, on the other, the absence of specific rules dealing with such an option, the establishment of a legal framework to regulate the exploitation of natural resources of the moon and other celestial bodies is needed so as to ensure its peaceful, safe and orderly development.
Author | : Annette Froehlich |
Publisher | : Springer Nature |
Total Pages | : 150 |
Release | : 2020-04-03 |
Genre | : Science |
ISBN | : 3030384039 |
This book provides an extensive overview of the protection of cultural heritages sites on the Moon (humanity’s lunar heritage) and the various threats they face. First of all, the international legal framework, especially the relevant space treaties are analyzed in terms of how they protect cultural heritages sites on the Moon. In turn, the book explores key aspects like the application of customary law, the UNESCO World Heritage Convention, or the Underwater Convention, and the possibility of adding these sites to UNESCO’s World Heritage list. The book subsequently addresses the question of how to define culture heritage sites or artifacts, in particular in view of the “Outstanding Universal Value” criterion, which is a vital aspect in order to differentiate them from space garbage or even space threats. Lastly, the book proposes and elaborates on various protection systems and multilateral protection regulations. Especially now, 50 years after the first human landing on the Moon, the book is a timely publication that will be of interest to all scholars and professionals working in the space field.
Author | : George D. Kyriakopoulos |
Publisher | : Springer |
Total Pages | : 203 |
Release | : 2019-02-18 |
Genre | : Law |
ISBN | : 3030014797 |
This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at “The Space Treaties at Crossroads: Considerations de lege ferenda,” held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University
Author | : Philip De Man |
Publisher | : Springer |
Total Pages | : 514 |
Release | : 2016-07-25 |
Genre | : Law |
ISBN | : 3319387529 |
This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies. It does so by analysing the rules on the use of orbits as limited natural resources as a concrete indication of how space resources can be exploited by one user while respecting the non-appropriation principle and the interests of other users in space. This analysis is complemented by a thorough review of the meaning of property rights in the context of the existing international space law regime. This allows the author to distinguish between the lawful exploitation and unlawful appropriation of resources in a manner that could pave the way for a workable asteroid mining regime that takes into account the needs of individual companies and the international community. Exclusive use in an inclusive environment frames the legal regime of the exploitation of natural resources in outer space as the most pressing example to date of the tension that arises between the rights of a single spacefaring actor and the interests of the broader international community. Though academic in its approach in dealing with one of the most fundamental issues of space law to date, the book has very practical ambitions. By offering a pragmatic interpretation of the space law principles that are likely to remain the legal foundations of asteroid mining for the foreseeable future, Exclusive use in an inclusive environment hopes to inform academics, practitioners and policymakers alike in their future attempts at working out a fair, equitable and effective management regime for the exploitation of natural resources in outer space.
Author | : Bernard S. Mayer |
Publisher | : John Wiley & Sons |
Total Pages | : 341 |
Release | : 2015-01-12 |
Genre | : Business & Economics |
ISBN | : 1118852915 |
Find the roadmap to the heart of the conflict The Conflict Paradox is a guide to taking conflict to a more productive place. Written by one of the founders of the professional conflict management field and co-published with the American Bar Association, this book outlines seven major dilemmas that conflict practitioners face every day. Readers will find expert guidance toward getting to the heart of the conflict and will be challenged to adopt a new way to think about the choices disputants face,. They will also be offered practical tools and techniques for more successful intervention. Using stories, experiences, and reflective exercises to bring these concepts to life, the author provides actionable advice for overcoming roadblocks to effective conflict work. Disputants and interveners alike are often stymied by what appear to be unacceptable alternatives,. The Conflict Paradox offers a new way of understanding and working with these so that they become not obstacles but opportunities for helping people move through conflict successfully.. Examine the contradictions at the center of almost all conflicts Learn how to bring competition and cooperation, avoidance and engagement, optimism and realism together to make for more power conflict intervention Deal effectively with the tensions between emotions, and logic, principles and compromise, neutrality and advocacy, community and autonomy Discover the tools and techniques that make conflicts less of a hurdle to overcome and more of an opportunity to pursue Conflict is everywhere, and conflict intervention skills are valuable far beyond the professional and legal realms. With insight and creativity, solutions are almost always possible. For conflict interveners and disputants looking for an effective and creative approach to understanding and working with conflict , The Conflict Paradox provides a powerful and important roadmap for conflict intervention.
Author | : Harold W Bashor, Jr JR |
Publisher | : |
Total Pages | : 456 |
Release | : 2004-10-01 |
Genre | : |
ISBN | : 9781413479638 |
"Palatino-Roman" The moon, the stepping-stone to exploring the unknown of outer space, is an extremely hostile environment without an atmosphere and climate comparable to that of Earth. Despite such forbidding characteristics, however, the moon has recently attracted attention as China, the ESA, NASA, and even commercial enterprises plan missions to the moon in the near future. This new race to the moon could be a source of future conflict, but the moon is not devoid of legality. The Moon Treaty entered into force with five member states on December 1, 1984. However, as of January 1, 2004, only ten states have ratified the treaty which has been interpreted as placing a moratorium on any lunar exploitation. Although the comparable Antarctic Treaty has had a limited number of members, its impact has nevertheless been considerable. Also, a number of international agreements have developed under the auspices of the Moon Treaty's predecessor, the comprehensive Outer Space Treaty. These agreements have all contributed to the establishment and strengthening of international space law. However, the controversial Moon Treaty is considered to have future effects on the political, economic, and security interests of the international community as a whole by encompassing the Common Heritage of Mankind principle. The purpose of this study is to investigate the low level of ratification of the Moon Treaty and to examine whether and to what extent the parent Outer Space Treaty, the Moon Treaty, subsequent U.N. resolutions, bilateral treaties, and unilateral actions can create, together or independently, a legal regime for the moon that could be claimed to be valid erga omnes, applicable to all. Thestudy thus includes a general discussion of the provisions, rules, and norms of international law. Although the pacta tertiis rule which only binds nations with their consent is undoubtedly recognized as a basic rule of international law, there exist exceptions or qualifications to that rule with respect to the Moon Treaty, and in this case pacta tertiis might not be as strict as once believed. It is argued that certain provisions found in the Moon Treaty are expressions of customary law or have acquired customary law status since they have been recognized and accepted by the international community. Therefore, the study contains a detailed analysis of the Moon Treaty including content textual analysis and recourse to its travaux priparatoires. Emphasis is also placed on provisions of similar treaties for hostile environments such as the Antarctic Treaty and the Convention on the Law of the Sea. Since the Moon Treaty is not the sole source of law relating to the international commons, it has been necessary to examine to what extent these and other legal instruments may be relevant for the creation of customary international law for the moon. The existence of these somewhat overlapping and sometimes colliding legal systems is the nucleus of this work.
Author | : Ajey Lele |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Space law |
ISBN | : 9788182749481 |
The Outer Space Treaty (OST) was signed on January 27, 1967 as a binding legal instrument. Over the years this treaty has largely ensured responsible conduct of space activities. This book attempts to examine and contextualize the treaty and its relevance in the 21st century while tracing its journey over the last fifty years.
Author | : Virgiliu Pop |
Publisher | : Springer Science & Business Media |
Total Pages | : 183 |
Release | : 2008-11-16 |
Genre | : Science |
ISBN | : 1402091354 |
This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question “Who owns the Moon?” The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension – that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.
Author | : Harold Bashor |
Publisher | : |
Total Pages | : 452 |
Release | : 2004 |
Genre | : Political Science |
ISBN | : 9781413466096 |
The moon, the stepping-stone to exploring the unknown of outer space, is an extremely hostile environment without an atmosphere and climate comparable to that of Earth. Despite such forbidding characteristics, however, the moon has recently attracted attention as China, the ESA, NASA, and even commercial enterprises plan missions to the moon in the near future. This new race to the moon could be a source of future conflict, but the moon is not devoid of legality. The Moon Treaty entered into force with five member states on December 1, 1984. However, as of January 1, 2004, only ten states have ratified the treaty which has been interpreted as placing a moratorium on any lunar exploitation. Although the comparable Antarctic Treaty has had a limited number of members, its impact has nevertheless been considerable. Also, a number of international agreements have developed under the auspices of the Moon Treaty
Author | : Fabio Tronchetti |
Publisher | : BRILL |
Total Pages | : 400 |
Release | : 2009-10-23 |
Genre | : Law |
ISBN | : 904742879X |
The exploitation of natural resources of the moon and other celestial bodies represents one of the most fascinating developments in the fields of space law and space related activities. The mining and use of extraterrestrial mineral resources may not only contribute to the betterment of conditions of people on earth but may also enable the realization of projects such as those envisaging a permanent human presence on the surface of the moon and other celestial bodies. The exploitation of lunar and other celestial bodies’ resources, however, requires an appropriate legal framework for it to develop in an orderly and peaceful manner, taking into consideration also such broader public concerns as regards security, safety and the environment. The current legal regime regulating activities in outer space lacks the required specific rules to govern the extraction and use of natural resources of the moon and other celestial bodies once being removed from their original location. This book tries to fill this gap by proposing a legal regime aimed at regulating the mining and exploitation of extraterrestrial natural resources for commercial purposes.