Exclusive Use in an Inclusive Environment: The Meaning of the Non-Appropriation Principle for Space Resource Exploitation PDF
Preview Exclusive Use in an Inclusive Environment: The Meaning of the Non-Appropriation Principle for Space Resource Exploitation
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 T his work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. T he publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland 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.
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