TY - GEN

T1 - The moon and other celestial bodies: From the "Province" towards the "Common Heritage" of mankind?

AU - Shestakova, K.

AU - Duskalieva, A.

PY - 2013

Y1 - 2013

N2 - The Outer Space Treaty provides that the exploration and use of the Moon and other celestial bodies shall be the "province" of all mankind. However it does not contain any direct mention of the "common heritage of mankind" principle, set forth, for instance, in the Moon Agreement. These concepts are frequently being compared, and it still remains a question whether the wording of the former matches, overlaps or intersects with the common heritage of mankind principle. While in the outer space law the term "province of all mankind" was developed in order to shape the legal regime of the area beyond the national jurisdictions of states, the concept of the common heritage of mankind was initially developed for the purposes of the international protection of cultural heritage and subsequently added specific features to the legal regimes of the high seas, deep seabed and for certain extent - of Antarctica. Recently, scholars tend to simultaneously apply both principles to the outer space, including the Moon and ot

AB - The Outer Space Treaty provides that the exploration and use of the Moon and other celestial bodies shall be the "province" of all mankind. However it does not contain any direct mention of the "common heritage of mankind" principle, set forth, for instance, in the Moon Agreement. These concepts are frequently being compared, and it still remains a question whether the wording of the former matches, overlaps or intersects with the common heritage of mankind principle. While in the outer space law the term "province of all mankind" was developed in order to shape the legal regime of the area beyond the national jurisdictions of states, the concept of the common heritage of mankind was initially developed for the purposes of the international protection of cultural heritage and subsequently added specific features to the legal regimes of the high seas, deep seabed and for certain extent - of Antarctica. Recently, scholars tend to simultaneously apply both principles to the outer space, including the Moon and ot

M3 - Conference contribution

SN - 9781629939094

SP - 11017

EP - 11025

BT - Proceedings of the International Astronautical Congress, IAC

ER -