Fifth Symposium @ Center for Space Law
Keio University
Panel discussion: International mechanisms forcooperation that will promote future space exploration

Julien MARIEZ
Head of Corporate Legal Department
CNES
September 3rd 2014

Titre du document + date Arial 8  à modifier dans le masque (Affichage/Masque/Masque des diapositives)

CONTENT

Overview of existing legal instruments and agreements regarding theinternational cooperation in Outer Space exploration

Legal issues that could be challenging for the future spaceexploration

2Journées LOS 2014 – Toulouse.

Overview of existing legal instruments and agreements regarding theinternational cooperation in Outer Space exploration

International cooperation in the field of space exploration is at the heartof the genesis of the legal instruments governing outer space International cooperation in the space exploration is promoted by UN

Space Treaties…
 Outer Space Treaty 1967: Preamble, Art. 3, 9, 10, 11, 12
 Moon Agreement 1979: Art. 4, 5, 6, 11(not entered into force…)

 …and by UN Principles

 International Cooperation in the Peaceful Uses of Outer Space (Resolution1721A and B (XVI) of 20 December 1961)
 Declaration on the International Cooperation in the Exploration and Use ofOuter Space for the Benefit and in the Interests of all States, taking into
Particular Account the Needs of Developing Countries (General Assembly
Resolution 51/122 of 13 December 1996)

3Journées LOS 2014 – Toulouse.

Overview of existing legal instruments and agreements regarding theinternational cooperation in Outer Space exploration

International cooperation in the field of space exploration is not only
theoretically mentioned by UN Treaties and Principles: it is a widely
implemented practice of the governments and the space agencies, indifferent forms
 Multilateral intergovernmental cooperation on a common spaceexploration project: the ISS example: an ambitious legal framework for
an ambitious projet An example of integrated cooperation at the continental scale: European

cooperation through the European Space Agency (ESA)Facultative programmes
Geographic return« Soft Law » international cooperation can also settle importantmatters: the example of COSPAR» Planetary protection policy
4Journées LOS 2014 – Toulouse.

Legal issues that could be challenging for the future space
exploration
Appropriation of natural resources:
Impossibility of the appropriation of outer space Prohibition of any national appropriation of outer space Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claimof sovereignty, by means of use or occupation, or by any other means (article 2 Outer Space Treaty1967)
 Private claims (« Big Cheese ») are not legally founded

Is it possible, legally speaking, to extract natural resources from celestial bodies and bringthem back on Earth for exploitation?
 Debate between lawyers since the emergence of private projects
 No explicit provision in the current legal instruments dealing with the exploitation of natural

resources of celestial bodies
 2 theories: Principe of non appropriation of celestial bodies is also applicable to their resources (see Moon Agreement) Appropriation of resources ≠ appropriation of the celestial body as such

5Journées LOS 2014 – Toulouse.