(c) the expansion of opportunities in the use of those resources; (d) an equitable sharing by all States Parties in the benefits derived from those resources, whereby the interests and means of those countries, which have contributed either directly or indirectly to the exploration of the Moon, shall be given special consideration. To ensure “equitable sharing” and safeguard mankind’s common heritage, Article 11 para. 5 and Article 18 of the 1979 Moon treaty authorize the States Parties to the Treaty 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.” This “progressive development” of international space law opens a Pandora’s box of difficult questions relating to projects such as SPS and LPS: Who will determine whether sharing is “equitable?” Does the provision for an international regime mean a de facto moratorium regarding the exploitation of natural resources on the Moon until the establishment of such an international supervisory body? Which supervisory and administrative functions shall fall within the power of the executive body of such an international regime, and of whom shall this body be composed? Do the limitations on the free enterprise system implied by the “common heritage of mankind” concept cause a State to lose all or part of its exclusive jurisdiction and control over national space programs, and over objects and persons while they are in space? In what way and to what extent could the international regime in question affect various projects related to “power from space?” The Legal Regime of the Moon and its Impact on Power from Space Article 11, para. 1 of the 1979 Moon treaty applies to outer space the principle of the “common heritage of mankind,” an idea which has been developed in connection with codification activities relating to the Law of the Sea and to a lesser extent in connection with the legal regime of Antarctica. This development of the “common heritage of mankind” concept has taken place within the institutional framework of the United Nations General Assembly. The preamble of the 1982 Convention on the Law of the Sea refers to United Nations General Assembly resolution 2749 (XXV) of December 17, 1970, which declares the area of the “seabed and the ocean floor and the subsoil thereof beyond the limits of national jurisdiction, as well as the resources of the area, are the common heritage of mankind.” Article 140 of the 1982 Convention on the Law of the Sea highlights this concept. According to this article, activities on the sea-bed, the ocean floor, and the subsoil thereof beyond the limits of national jurisdiction shall, as provided for by the convention’s legal regime for the deep sea-bed, “be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States” and
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