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. |
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Search result: 19 articles
Article |
A New Format for Space Law?12th Nandasiri Jasentuliyana Keynote Lecture |
Journal | International Institute of Space Law, Issue 1 2020 |
Authors | Stephan Hobe |
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Article |
Space Mining: The Delineation between National and International Jurisdiction |
Journal | International Institute of Space Law, Issue 5 2019 |
Authors | Stephan Hobe and Rada Popova |
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Article |
The Moon Village Concept: A Legal Ramification |
Journal | International Institute of Space Law, Issue 5 2018 |
Authors | Stephan Hobe and Rada Popova |
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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. |
Article |
Rights and Obligations in the International CommonsThe Case of Outer Space |
Journal | International Institute of Space Law, Issue 11 2015 |
Authors | Stephan Hobe |
Author's information |
Article |
Governance and Legal Issues Regarding the Polar Regions |
Journal | International Institute of Space Law, Issue 7 2013 |
Authors | Stephan Hobe |
Article |
Appropriateness of the Moon Agreement for Lunar Exploration and UseGlobal Lunar Conference in Beijing, China: IISL Session |
Journal | International Institute of Space Law, Issue 10 2010 |
Authors | R. Jakhu, S. Hobe and S. Freeland |
Article |
Space Procurement: A European ToolboxRecent Developments in Space Law |
Journal | International Institute of Space Law, Issue 5 2010 |
Authors | S. Hobe, M. Hofmannova and J. Wouters |
Article |
Procurement in the European Space SectorLegal Mechanisms for Encouraging Space Commerce |
Journal | International Institute of Space Law, Issue 4 2009 |
Authors | S. Hobe, I. Kerner and J.H. Mey |
Article |
The Importance of the Rule of Law for Space ActivitiesOther Legal Matters |
Journal | International Institute of Space Law, Issue 5 2008 |
Authors | S. Hobe |
Article |
Outer Space as the Province of Mankind: an Assessment of 40 Years of DevelopmentThe 40th Anniversary of the Outer Space Treaty and Other Legal Matters |
Journal | International Institute of Space Law, Issue 5 2007 |
Authors | S. Hobe |
Article |
Training and Capacity Building: Networking and Federative Initiatives2007 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 |
Article |
International Space Law in Its First Half CenturyOther 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 |
Article |
Project 2001 Plus: Global and European Challenges for Air and Space Law at the Edge of the 21st CenturyOther Legal Matters II, Including Legal Aspects of Property Rights on the Moon |
Journal | International Institute of Space Law, Issue 4 2005 |
Authors | 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 |
Article |
ILA Resolution 1/2002 with Regard to the Common Heritage of Mankind Principle in the Moon Agreement2004 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 |
Article |
Challenges to Space Law in the 21st Century: Project 2001 PlusSpace Assets: Legal Aspects of Financing and Risk Management |
Journal | International Institute of Space Law, Issue 1 2002 |
Authors | S. Hobe and 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 |
Article |
Space Law Related to European Space Activities: The Corpus Iuris Spatialis EuropeanusLegal 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 |
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