| The common heritage concept has been applied to the high seas and to the Moon. The hypothesis of this thesis is that the concept is also applicable to the entire environment of outer space. Although only a limited number of States have the capital and the technology needed for spacefaring activity at this time, space is a natural resource which has the potential for benefitting all of humanity. In fact, the activity which does take place in space, as well as its beneficial spinoffs such as environmental, land use, and agricultural studies, have already provided great benefit to all the States of the world.;The space commons is based on a treaty system which has the Outer Space Treaty of 1967 as its cornerstone. This system also involved customary acceptance of free access to space, and the evolution through customary practice, national policies, and United Nations resolutions and declarations, of certain principles. Among those generally accepted principles are the prevention of an arms race in outer space and the peaceful uses of outer space.;There is extensive use of outer space by the States for a variety of activities: telecommunications, remote sensing, scientific studies and experiments, and arms control verification. Many of these activities take place through transnational cooperation. There are also problems, including pollution of the space environment and the potential extension of the arms race to space through new defense programs, increased military activity and participants, and ballistic missile defense programs.;It will be more difficult in the future to assure preservation of outer space as a commons area unless the regime for that area evolves further toward multilateral management and control. Experience has already proven that international cooperation in space is in the self-interest of both spacefaring and non-spacefaring States, and that the products of space use can benefit all of humanity. Thus, the present regime should be enhanced to include further principles, joint activities, and a management plan which protects the commons from abuse or unilateral activity which would destroy the commons and turn outer space into an area of conflict. |
