Month: January 2019

Universal Declaration of Human Rights

Universal Declaration of Human Rights

GOAL: A publicly declared commitment to uphold the Universal Declaration of Human Rights from UN subsidary bodies pertaining to legislative proceedings regarding Outer Space

This contribution Is intended to serve as a catalyst for Integration of the 1948 Universal Declaration of Human Rights (UDHR) into legislation pertaining to regulation of Outer Space.  

Implementation of the 1948 Declaration is advantageous for the private sector, States-Parties to the Outer Space Treaty, and the international community alike.  

What is needed NOW is a base level positive affirmation favorable to private property rights in Outer Space; a proclamation favorable to private property rights in space, as a foundation for their evolution beyond national borders and Earthly constraints, one which is accepted across the board: 

Sustainable Development in Space was the main theme of UNISPACE+50, and the 2030 Agenda on Sustainable Development is a cornerstone.

The 2030 Agenda is grounded in the Universal Declaration of Human Rights
(See: A/RES/70/1 – para. 10, para. 19)

The Universal Declaration of Human Rights, Article 17 states that

-Everyone shall have the right to property

-No one shall be arbitrarily denied the right to property.

The Universal Declaration of Human Rights can be seamlessly integrated into the national space policy of States-Parties to the 1967 Outer Space Treaty, and with it, Article 17, providing positive affirmation of the human right to property.  The incorporation of fundamental principles of the United Nations,  may take place without litigation, nor necessitation of new legislation and  with no accusation of violation of ‘national appropriation’.  Article 17 is the positive affirmation for private property rights we’ve been looking for after 50 years of treaty tension regarding the concept of private property rights under the1967 Outer Space Treaty.

The opportunity should be seized to strengthen the commitment to the 2030 Agenda for Sustainable Development.  The Space Resources Working Group should lead the way in adopting the Universal Declaration of Human Rights into international space policy.

 

 

Moon Treaty Modification

Moon Treaty Modification

Solution – Agreement on Implementation

Proposed solution: To bring the 1979 Moon Agreement in line with commercial interest through An “Agreement on implementation” modifying Article 11 such that the prohibition of property and the inclusion of “Natural Persons” does not apply.

States-Parties to 1979 Moon Agreement
Moon Treaty Member Nations

A precedent for alteration of a United Nations Treaty governing territory situated beyond national borders can be referenced in the 1994 Agreement on implementation of Part XI of the Thirg U.N. Convention on the Law of the Sea (UNCLOS). It essentially allows a ‘reset’ button for the treaty.

The “Agreement on Implementation” approach has been successfully utilized to facilitate ratification of ONE U.N. Treaty governing territory beyond national borders (under the “Common Heritage” principle) in which Part XI was the center of controversy. Why not use the same approach to facilitate ratification of THE OTHER U.N Treaty applying the “Common Heritage” framework to territory beyond national borders (In which Article XI is the problem)

By undertaking efforts to modify Article XI, Paragraph 3 of the Moon Agreement such that the prohibition of property rights and inclusion of Natural Persons are not included, it could entice more nations to become party to the Agreement.