The other Space Treaty: Problems of Interpretation of the Concepts of “Exploration” and “Use” in the Context of the Commercialization of Space Resources

Abstract

Aim. Тhe purpose of the study is to conduct a detailed legal analysis of the content of the concepts of “exploration” and “use” of outer space, including the Moon and other celestial bodies, as set out in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space (hereinafter referred to as the Outer Space Treaty), to identify the exact legal meaning of these terms in the context of objectives and principles of the Outer Space Treaty, as well as an assessment of the impact of the content of these definitions on the formation of a legal regime for the commercial use of space resources. Methods. The research is based on the application of a set of general scientific and special methods: analysis, synthesis, historical, logical, formal-legal and comparative-legal. The article analyzes international legal acts, national legislation, as well as the activities of international organizations. Results. Thus, it is revealed that the concept of “research” is traditionally interpreted as a study, and “use” as a practical application of space, however, the boundaries of “use” are blurred. The results show that the lack of a clear definition of the concept of “use” in the Outer Space Treaty creates legal uncertainty, especially in matters of commercial activities and the exploitation of space resources. Conclusions. As a result, it is concluded that it is necessary to include in the concept of “use” such types of activities as exploitation, extraction, development and specify their content. Otherwise, there will be a risk of conflicts and inefficiency of the legal regime in the context of rapid technological progress and commercialization of space. It also requires the development of an internationally agreed approach to the interpretation of Article 2 of the Outer Space Treaty, primarily within the framework of the UN Committee on Outer Space, as well as the establishment of criteria to distinguish temporary use from activities that create sustainable control over outer space, including the Moon and other celestial bodies. At the same time, it is important to strengthen the principles of transparency and cooperation between States in order to minimize the risk of exploitation escalating into appropriation.