Statement of the Board of Directors of the International Institute of Space Law (IISL)
In 2004, the Board of Directors of the IISL, an international non-governmental organization, issued a
statement relating to the issue of 'property rights' in outer space. The statement can be found on the
website of the IISL, at
http://www.iislweb.org/publications.html
In view of recent misleading views and discussions on this subject in the press, the Board considers that
it is appropriate to further clarify a number of salient points as follows:
International Law establishes a number of unambiguous principles, according to which the exploration
and use of outer space, including the Moon and other celestial bodies, is permitted for the benefit of
mankind, but any purported attempt to claim ownership of any part of outer space, including the Moon
and other celestial bodies, or authorization of such claims by national legislation, is forbidden as
following from the explicit prohibition of appropriation, and consequently is prohibited and unlawful. Since
there is no territorial jurisdiction in outer space or on celestial bodies, there can be no private ownership
of parts thereof, as this would presuppose the existence of a territorial sovereign competent to confer
such titles of ownership.
The current international legal regime is binding both on States and, through the precise wording of
Article VI of the Outer Space Treaty of 1967, which has been ratified by 100 countries, including all the
space-faring countries, also on non-governmental entities, i.e. individuals, legal persons and private
companies. The clear goal of such a regime is to preserve outer space, including the Moon and other
celestial bodies, for the exploration and use of all mankind, not only for those States and private
enterprises that are capable of doing so at any particular time.
At present, international space legislation does not include detailed provisions with regard to the
exploitation of natural resources of outer space, the Moon and other celestial bodies, although it does
set down a general framework for the conduct of all space activities, including those of private persons
and companies, with respect to such natural resources.
The IISL is of the opinion that a specific legal regime for the exploitation of such resources should be
elaborated through the United Nations, on the basis of present international space law, for the purposes
of clarity and legal certainty in the near future. The IISL will continue to play an active role in any such
discussions as they develop.
22 March 2009, The Board of Directors of the IIS
[Quelle:
http://www.iislweb.org/docs/Statement BoD.pdf ]
