Titre du document + date Arial 8  à modifier dans le  masque (Affichage/Masque/Masque des diapositives)
September 3rd 2014
Julien MARIEZ
Head of Corporate Legal Department
Fifth Symposium @ Center for Space Law
Keio University
Panel discussion: International mechanisms for 
cooperation that will promote future space exploration  
Journées LOS 2014 – Toulouse.2
CONTENT
Overview of existing legal instruments and agreements regarding theinternational cooperation in Outer Space exploration
Legalissuesthatcouldbechallengingforthefuturespace
exploration
Journées LOS 2014 – Toulouse.3
Overview of existing legal instruments and agreements regarding the 
international cooperation in Outer Space exploration
International cooperation in the field of space exploration is at the heartof the genesis of the legal instruments governing outer space
 International cooperation in the space exploration is promoted by UN 
Space Treaties…
 Outer Space Treaty 1967: Preamble, Art. 3, 9, 10, 11, 12 Moon Agreement 1979: Art. 4, 5, 6, 11(not entered into force…)
 …and by UN Principles
 International Cooperation in the Peaceful Uses of Outer Space (Resolution 
1721A and B (XVI) of 20 December 1961)
 Declaration on the International Cooperation in the Exploration and Use of 
Outer Space for the Benefit and in the Interests of all States, taking into Particular Account the Needs of Developing Countries (General Assembly Resolution 51/122 of 13 December 1996)
Journées LOS 2014 – Toulouse.4
Overview of existing legal instruments and agreements regarding the 
international cooperation in Outer Space exploration
International cooperation in the field of space exploration is not onlytheoretically mentioned by UN Treaties and Principles: it is a widelyimplemented practice of the governments and the space agencies, indifferent forms
 Multilateral intergovernmental cooperation on a common space 
exploration project: the ISS example: an ambitious legal framework for an ambitious projet
 An example of integrated cooperation at the continental scale: European 
cooperation through the European Space Agency (ESA)
Facultative programmesGeographic return
« Soft Law » international cooperation can also settle important matters: the example of COSPAR
»Planetary protection policy
Journées LOS 2014 – Toulouse.5
Legal issues that could be challenging for the future space 
exploration
Appropriation of natural resources:
Impossibility of the appropriation of outer space
 Prohibition of any national appropriation of outer space 
 Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim 
of sovereignty, by means of use or occupation, or by any other means (article 2 Outer Space Treaty1967)
 Private claims (« Big Cheese ») are not legally founded 
Is it possible, legally speaking, to extract natural resources from celestial bodies and bringthem back on Earth for exploitation?
 Debate between lawyers since the emergence of private projects
 No explicit provision in the current legal instruments dealing with the exploitation of natural 
resources of celestial bodies
 2 theories:
 Principe of non appropriation of celestial bodies is also applicable to their resources (see Moon Agreement) Appropriation of resources ≠ appropriation of the celestial body as such