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1 Miskolc J. Int'l L. 1 (2004)

handle is hein.journals/miskolc1 and id is 1 raw text is: Gyula Gdl* Some Remarks to General Clauses of Treaty Space Law The progressive development of international space law after the Moon Agreement undeniably came to a standstill. To use an expression in style: it is on a parking orbit awaiting new, positive impulses. Obviously other grave cares of the international community prevail. New challenges concerning traditional institutions of the system of general international law come before the efforts to go on with building the structure of treaty space law. The period of calm gives an opportunity to revive theoretical problems of positive treaty law. To reconsider certain questions of interpretation raised by thejus conditum. It may be perhaps useful to jus condendum for future law-making. With my modest observations I would like to contribute to the discussion on three characteristic general clauses of the Space Treaty and the Moon Agreement: Province of all Mankind The exploration and use of outer space shall be carried out for the benefit and interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind. (S.T. Article 1.1) Envoys of Mankind States parties to the treaty shall regard astronauts as envoys of mankind in outer space and shall render them all possible assistance. (S.T. Article V.1) Common heritage of Mankind The Moon and its natural resources are the common heritage of mankind. (Moon Agreement Article XI.1) I The insertion of clauses containing certain general principles has been a generally accepted method of national and international law-making. Continental codifications of civil law one and all built into their system principles going back to Roman law. E.g. Treu und Glauben to bona fides, aequitas, exceptio doli, boni mores etc. (1) The theory of international law has been always ready to apply civil law analogies, principles and terms of Roman law to international legal relations. Our science of international space law does the same - e.g. res commuis omnium for status of outer space. www.mjil.hu Miskolc Journal of International Law VOLUME 1. (2004) No. 1. I

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