SPS International Agreements - Detailed

The alternative would be to look at the practices of the space-resource States and to attempt to connect such practices with customary international law. Just as the role of the UN will continue to be a substantial one in the development of space-environment law, so, also will attention be given to the importance of the practices of the space-resource States. It will be necessary to follow these developments with care. Suitable attention to the issue followed by relevant research efforts will help clarify the policy options. Attention has been called on several occasions to the importance of the concepts of "Common Heritage of Mankind" and "Province of Mankind" to evolving space-environment law. A clarification of the meaning of these terms--both in law and in practice--is one of the most critical issues requiring further assessment. The meaning given to them will have a critically important impact on the use of space-environment resources, including demands for the sharing of such resources. Such meaning will influence man's activities in the space environment, and will constitute a possible modification, if truly accepted, in the res communis principle. This principle allows the first to arrive to use without appropriating in the exclusive sense of exercising sovereignty. The "Mankind" principles place greater emphasis on sharing, the formation of governing regimes, the protection of the environment generally, and the special claims and interests of the LDCs. Hence, any sensible national policy must take into account, if not be based on, the meaning of and world support given to such concepts. Of special importance will be the need to determine if the "Mankind" principles are thought to apply to both the energy resource, the orbital position resource, and the radio spectrum resource.

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