positions. That this doctrine would not apply to the spatial area adjacent to the Moon, e.g., outer space, but would include orbits around the Moon, acknowledges the difficulty of asserting claims to the intangible, unlimited, inexhaustible, and renewable resources of outer space. If it is accepted at the outset that the space environment, including outer space, constitutes a res communis, it is possible through international agreement to establish a law governing the use of that environment, including its resources. The proposed Moon Treaty seeks to protect community interests in tangible natural resources in place on the surface or the subsurface of the Moon. It also envisages the protection of community interests in orbits around the Moon by including such orbits as, in effect, an extension of the Moon. Thus, the proposed agreement has been able to effect a transition from a tangible resource, e.g., Moon rocks, to a less tangible but nonetheless measurable resource, e.g., the orbital pattern of a space object. From the legal point of view it appears that the intent of the proposed agreement is to modify the res communis principle with respect to these two resources. As previously stated, Article 11, paragraph 1, provides: "For the purposes of this Agreement, the moon and its natural resources shall be considered the common heritage of mankind. ..." This concept requires the employment of international procedures if community needs and wants are to be realized. Article 11, paragraph 5, provides: "States Parties to this Agreement hereby undertake to establish an international regime, including appropriate procedures, to govern the exploitation of the natural resources of the moon as such exploitation is about to become feasible." Nonetheless, the solar energy of the space environment appears
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