Treaty does not provide for as strict and elaborate a system governing utilization and its administration. Experts have speculated as to whether the “appropriate procedures” specified in Article 11 para. 5 of the Moon Treaty might lead to the formation of a supranational governmental body such as the Sea-Bed Authority. It is clear that the States Parties to the Moon Treaty may decide for themselves whether or not to create a new Lunar Authority, which could be endowed with the functions of an inter-governmental organization. The Moon Treaty as a whole appears to refer to the concept of the “common heritage of mankind” as a label for a bundle of provisions in the treaty. These provisions appear to establish a new territorial status consisting of the following components: (1) International law applies to all activities on the Moon (Articles 2 and 4). One can argue that this general principle allows dynamic change in the space legal regime. International law is subject to change on Earth, and when changed there, would then also be changed on the Moon. (2) Article 3 repeats Article IV of the 1967 Outer Space Treaty which provides that the “Moon shall be used by all States Parties exclusively for peaceful purposes.” This raises the question as to whether “peaceful” means a complete absence of military equipment and personnel, or instead only means “non-agressive.” (3) Article 11 para. 2 of the Moon Treaty prohibits national appropriation of any portion of the Moon. This provision does not in and of itself appear to exclude the appropriation of the resources of the Moon. However, Article 11 para. 3 of the treaty stipulates that: “Neither the surface, nor the sub-surface of the Moon, nor any part thereof or natural resources in place, shall become property of any State, international governmental or non-governmental organization, national organization or nongovernmental entity or of any natural person. The placement of personnel, space vehicles, equipment, facilities, stations and installations on or below the surface of the Moon, including structures connected with its surface or sub-surface, shall not create a right of ownership over the surface or sub-surface of the Moon or any area thereof. The foregoing provisions are without prejudice to the international regime referred to in para. 5 of this Article.” Note that the prohibition on appropriation of natural resources applies only to those “in place.” (4) Article 6 para. 2 of the Moon Treaty provides for freedom of scientific investigation by granting States Parties the following rights:
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