ARTICLE II OF THE OUTER SPACE TREATY AND HUMAN PRESENCE ON CELESTIAL BODIES: PROHIBITION OF STATE SOVEREIGNTY, EXCLUSIVE PROPERTY RIGHTS, OR BOTH?

摘要

It was clear from the beginning of space activities that the classical rules of international law on sovereignty, territory and delimitation cannot apply to outer space and celestial bodies. For example, one must not expect to be in a position to assert territorial sovereignty simply by planting a flag in the ground upon landing on the Moon. Similarly, in the modern world of rockets, ballistic missiles and interplanetary spacecraft, the traditional "cannon-shot" rule of potestas finitur ubi finitur armorum vis can no longer apply, regardless of whatever arbitrary limit is prescribed to be the limit of state sovereignty.