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2 Hous. J. Int'l L. 145 (1979-1980)
Outer Space: A Preserve for All Humankind

handle is hein.journals/hujil2 and id is 153 raw text is: OUTER SPACE: A PRESERVE FOR ALL HUMANKINDt Leslie I Tennen * Outer space offers a wide variety of activities that may be conducted to improve the quality of ife for humankind Public andprivate entities may desire to participate in space activities, but whether such activities in space are condudted by govern- mental or non-governmental entities, they must be conducted in accordance with the corpus juris spatialis. Two provisions of the corpusjuris spatialis will have direct application to activities conducted in space byprivate entitiesfor commercialgain. The non-a ropriationprincple and the com- mon heritage of mankindphJlosbphy, in pari materia, will both grant and denyprivate entities the right to conduct certain com- mercial space activities. These provisions of the corpus juris spatialis are discussed and analyzed in relation to the availability of the use ofspacefor private gain. This analysis demonstrates that private entities may conduct a variety Ofpeaceful commercial space activities. The corpusjur spatialis, however, prohibits the appropriation of outer space, including the Moon and other celestial bodies, and requires that the benefits derivedfrom the use of space be shared with all humankind I. INTRODUCTION The rapid growth of aerospace technology has lead to remarkable achievements. A mere eleven years elapsed between the United States' first successful launch of Explorer I and the realization of one of man- kind's oldest dreams, the landing of Homo sapiens on the Moon. Space use and exploration offers humankind a wide spectrum of activities and functions which can be conducted for research, scientific experimentation, and commercial ventures. Enhancing these space ac- tivities is the fact that human endeavors in space no longer need be constrained by the inherent limitations of conventional launch systems. In the coming decades, the United States Space Shuttle will herald the era of economical, routine access to space, for both the public and pri- t Copyright 0 1979 by Sterns and Tennen. * Attorney, Tucson, Arizona. B.A., 1973, J.D., 1976, University of Arizona. Member of the International Institute of Space Law, 1977. The author expresses his gratitude to Patricia M. Sterns, Attorney at Law, for her assist- ance in the preparation of this article.

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