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Article

A New Format for Space Law?

12th Nandasiri Jasentuliyana Keynote Lecture

Journal International Institute of Space Law, Issue 1 2020
Authors Stephan Hobe
Author's information

Stephan Hobe
Prof. Dr. Dr. h.c. Stephan Hobe, LL.M. is Director of the Institute of Air Law, Space Law and Cyber Law and Holder of the Chair for Public Internation Law, European Law, European and International Economic Law at the University of Cologne; Chair of the ILA Committee on Space Law; Chair of the IISL Directorate of Studies and Board Member of the European Centre for Space Law.

    The milestone provisions in the Outer Space Treaty designate outer space and celestial bodies as an area beyond national jurisdiction in which national jurisdiction extends only to space objects and persons in outer space. In view of upcoming commercial space mining activities and the recent national legal developments, it is of crucial importance to delineate the different levels of legal authority over space resource activities and to analyze them systematically. What is indisputable, in the first place, is that any national appropriation in outer space is prohibited by Article II OST, while the appropriation of resources is not explicitly mentioned. More specific provisions are formulated in the Moon Agreement. Its Article 11 prohibits the appropriation of resources on celestial bodies and states that such activities — as soon as they become feasible — must be regulated by the international community of States. While this moratorium on resource exploitation is binding only for the 18 ratifying State parties to the Moon Agreement, there is no doubt that the legal authority to regulate over outer space lies with the international community and not with single States. Unilateral legislative acts must conform to existing international provisions as outer space is an area beyond national jurisdiction. Where such explicit provisions are lacking – as is the case with the appropriation of space resources – the lawful scope of national authority must nevertheless be delineated through international regulation as States lack the national prescriptive authority to regulate over outer space and celestial bodies.


Stephan Hobe
Prof. Dr. Stephan Hobe is Director of the Institute of Air Law, Space Law and Cyber Law and Holder of the Chair for Public International Law, European Law, European and International Economic Law at the University of Cologne.

Rada Popova
Rada Popova is a senior lecturer (public international law, EU law and constitutional law) at the University of Cologne and research fellow at the Institute of Air Law and Space Law in Cologne.

    This paper tries to give orientation on which legal ramifications a plan for a Moon Village should observe. Through an analysis of the relevant provisions of international space law it shall be highlighted what kind of activities are compatible with international space law as well as which kind of legal developments of space law may be aimed at in order to make future activities of the Moon Village successful.


Stephan Hobe
Prof. Dr. Dr. h.c., LL.M. (McGill); Director of the Institute of Air Law, Space Law and Cyber Law; holder of the Jean-Monnet Chair for Public International Law, European Law, European and International Economic Law at the University of Cologne. stephan.hobe@uni-koeln.de.

Rada Popova
Teaching and Research Fellow and PhD candidate at the Institute of Air Law, Space Law and Cyber Law (University of Cologne); (Mag. iur) Law Master's Degree (University of Vienna); Researcher at the 2017 Centre for Studies and Research (Hague Academy of International Law). rada.popova@uni-koeln.de.

Stephan Hobe
Professor of International Law, Director, Institute of Air and Space Law, University of Cologne.

Stephan Hobe
Article

Appropriateness of the Moon Agreement for Lunar Exploration and Use

Global Lunar Conference in Beijing, China: IISL Session

Journal International Institute of Space Law, Issue 10 2010
Authors R. Jakhu, S. Hobe and S. Freeland

R. Jakhu

S. Hobe

S. Freeland
Article

Space Procurement: A European Toolbox

Recent Developments in Space Law

Journal International Institute of Space Law, Issue 5 2010
Authors S. Hobe, M. Hofmannova and J. Wouters

S. Hobe

M. Hofmannova

J. Wouters

S. Hobe
Article

Procurement in the European Space Sector

Legal Mechanisms for Encouraging Space Commerce

Journal International Institute of Space Law, Issue 4 2009
Authors S. Hobe, I. Kerner and J.H. Mey

S. Hobe

I. Kerner

J.H. Mey

S. Hobe
Article

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

The 40th Anniversary of the Outer Space Treaty and Other Legal Matters

Journal International Institute of Space Law, Issue 5 2007
Authors S. Hobe

S. Hobe
Article

Training and Capacity Building: Networking and Federative Initiatives

2007 IISL-ECSL Space Law Symposium Held on the Occasion of the 46th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "Capacity Building in Space Law"

Journal International Institute of Space Law, Issue 7 2007
Authors S. Hobe

S. Hobe
Article

International Space Law in Its First Half Century

Other Legal Matters, Including the Relationship Between Government and Private Sector in Space Activities

Journal International Institute of Space Law, Issue 6 2006
Authors S. Hobe

S. Hobe
Article

Project 2001 Plus: Global and European Challenges for Air and Space Law at the Edge of the 21st Century

Other Legal Matters II, Including Legal Aspects of Property Rights on the Moon

Journal International Institute of Space Law, Issue 4 2005
Authors S. Hobe

S. Hobe
Article

Towards a New Aerospace Convention? Selected Legal Issues of "Space Tourism"

Legal Issues Relating to Private Enterprise, Property Rights, and Space Applications

Journal International Institute of Space Law, Issue 4 2004
Authors S. Hobe and J. Cloppenburg

S. Hobe

J. Cloppenburg
Article

ILA Resolution 1/2002 with Regard to the Common Heritage of Mankind Principle in the Moon Agreement

2004 IISL-ECSL Space Law Symposium Held on the Occasion of the 43rd Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "New Developments and the Legal Framework Covering the Exploitation of the Resources of the Moon"

Journal International Institute of Space Law, Issue 7 2004
Authors S. Hobe

S. Hobe
Article

Challenges to Space Law in the 21st Century: Project 2001 Plus

Space Assets: Legal Aspects of Financing and Risk Management

Journal International Institute of Space Law, Issue 1 2002
Authors S. Hobe and J.K. Hettling

S. Hobe

J.K. Hettling
Article

Common Heritage of Mankind: An Outdated Concept in International Space Law?

Other Legal Matters, Including the 30th Anniversary of the Rescue Agreement of 1968

Journal International Institute of Space Law, Issue 4 1998
Authors S. Hobe

S. Hobe
Article

Space Law Related to European Space Activities: The Corpus Iuris Spatialis Europeanus

Legal Aspects of Space Activities of Organizations of the United Nations System and Other International Organizations

Journal International Institute of Space Law, Issue 1 1993
Authors S. Hobe and P.H. Tuinder

S. Hobe

P.H. Tuinder
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