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11 Austl. Int'l L.J. 128 (2004)
Article II of the Outer Space Treaty: Prohibition of State Sovereignty, Private Property Rights, or Both

handle is hein.journals/austintlj21 and id is 142 raw text is: Australian journal of International Law (2004) 11 Aust. I.LJ. 128-142 Article II of the Outer Space Treaty: Prohibition of State Sovereignty, Private Property Rights, or Both? Ricky J. Lee* I. INTRODUCTION It was clear from the beginning of space activities that the classical rules of international law on sovereignty, territory and delimitation cannot apply to outer space and celestial bodies. For example, one must not expect to be in a position to assert territorial sovereignty simply by planting a flag in the ground upon landing on the Moon. Similarly, in the modern world of rockets, ballistic missiles and interplanetary spacecraft, the traditional cannon-shot rule of potestas finitur ubi finitur armorum vis can no longer apply, regardless of whatever arbitrary limit is prescribed to be the limit of state sovereignty.' Article II of the Outer Space Treaty contains one of the most fundamental and universally recognised principles of international space law, namely the non-appropriation principle as stated in explicit terms: School of Law, Flinders University of South Australia. Member, International Institute of Space Law and the space law committees of the International Law Association and the International Bar Association. Coordinating Editor of the present journal. The views and opinions expressed in this article are those of the author only and do not necessarily represent the views and opinions of this journal or any organisation with which the author is associated. 'Pop, A Celestial Body is a Celestial Body is a Celestial Body . (2001) 44 Proc. Coll. L. Outer Sp. 100 at 103.

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