Exclusive Use in an Inclusive Environment: The Meaning of the Non-Appropriation Principle for Space Resource Exploitation

514 Pages·2016·5.05 MB·English

by  Philip De Man (auth.)

Space Regulations Library
Philip De Man
Exclusive Use
in an Inclusive
Environment
The Meaning of the Non-Appropriation
Principle for Space Resource
Exploitation
Space Regulations Library
Volume 9
Series Editor
Ram S. Jakhu, Faculty Law, McGill University, Montreal, Québec, Canada
Editorial Board
Michael Davis, Adelta Legal, Australia
Sa’id Mosteshar, USA
Peter D. Nesgos, Milbank, Tweed, Hadley & McCloy, USA
Yaw Nyampong, McGill University, Canada
Leslie I. Tennen, Law Offi ces of Strens and Tennen, USA
More information about this series at h ttp://www.springer.com/series/6573
Philip De Man
Exclusive Use
in an Inclusive Environment
The Meaning of the Non-Appropriation
Principle for Space Resource Exploitation
Philip De Man
Leuven Centre for Global Governance
Studies
University of Leuven
Leuven , Belgium
Master of Space Studies
University of Leuven
Leuven, Belgium
Space Regulations Library
ISBN 978-3-319-38751-2 ISBN 978-3-319-38752-9 (eBook)
DOI 10.1007/978-3-319-38752-9
Library of Congress Control Number: 2016947076
© Springer International Publishing Switzerland 2016
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Here at the high edge of the atmosphere was
the next untamed frontier, pioneers arriving
in airships instead of wagons, setting in
motion property disputes destined to last
generations.1
1 T. PYNCHON , Against the day, London: Jonathan Cape, 2006, p. 121.

The law was obviously not expected to
abolish the great disparity in the scientifi c
and technological potential of States, which
has been made manifest in outer space more
than in any other dimension. Its agreed
purpose was to ensure that no State should
arrogate exclusive rights to itself or use them
at the expense of others. There can be no
doubt that the freedom of action of States in
outer space or on celestial bodies is neither
unlimited, absolute or unqualifi ed, but is
determined by the right and interest of other
States. It can therefore be exercised only to
the extent to which as indicated it does not
confl ict with those rights and interests. […]
There should […] be no antinomy between
the freedom of some and the interest of all,
and herein lies the close relationship
between the subjective and the objective
criteria delimiting the sphere of action of
States.1
1 M. L ACHS , The law of outer space: an experience in contemporary law-making, Leiden: Martinus
Nijhoff, 1972 (2012 reprint), p. 108.

TO MY PARENTS,
OF COURSE.