This account of the evolution of outer space law examines key issues that fuel the debates over sovereignty and property rights designed to govern the future colonization and use of heavenly bodies other than our own.
In the United States, lobbies for the commercial development of space have become increasingly antagonistic toward the international legal regime of outer space, condemning the 1967 Outer Space Treaty and the unratified 1979 Moon Agreement as anti-business. The Development of Outer Sovereignty and Property Rights in International Space Law argues that the res communis principle enshrined in the Outer Space Treaty was misrepresented here, with essential help from corporate lobbyists whose real object was the defeat of the Law of the Sea Convention. Thomas Gangale builds the legal case for reviving the moribund Moon Agreement as a prelude to negotiating a second Moon treaty to establish a regulatory regime for the exploitation of extraterrestrial resources.
The author's account of the inception and evolution of outer space law to date is deeply informed by his appreciation of such terrestrial considerations as the nation-state system, the contending economic theories of capitalism and communism, and the post-colonial struggle between the developed space-faring nations and the developing earthbound nations.
An academic rebuttal towards the misinformed and sometimes purposely misinterpreted ideas of international space law proposed by many in the space settlement and private space launch industries. Gangale writes a thorough examination of the agreements regarding space exploration and what they really mean for the future of US space travel, while still communicating a genuine interest in the topic as well as a hope for more human space launches. I can't say I'd recommend this to everyone, but if you're interested in how law regarding space works, I'd give it a shot. The appendix holding all relevant treaties is also an excellent reference point.
In outer space, the nations of the world have chosen to limit their sovereignty and restrict their powers. They have decided to outer space is not subject to claims of appropriation. Occupation of a celestial body by a nation does not, and never will, allow that State to claim it as their "territory". Compared with the centuries of imperialism by western powers, which engulfed vast tracts of land in the "new" world, in Africa, in Alaska, and even in Antartica, this decisions was a huge one. The 1967 Outer Space Treaty, drafted by the two largest powers in space during a long stretch of years in the cold war, was an example of international treaty making at its finest. The United Nations helped to
Read this for my law review article. Unlike most books on the subject, it doesn’t cater to sci-fi enthusiasts with side interests, and it’s actually more political science-based than history-based. Great treatise on the subject of outer space law.