Podcasts about peaceful use

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Margaret Moore : Exploration and Exploitation: Territorial Rights in Outer SpacePanel 3: The Relations between Scientific "Exploration" and Commercial "Exploitation" of Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Fabio Tronchetti : Rethinking "Common Heritage of Mankind" in the 21st Century: a Pathway towards Enabling Lunar Activities for the Benefit of AllPanel 3: The Relations between Scientific "Exploration" and Commercial "Exploitation" of Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Katia Coutant, Alban Guyomarc'h & Yann Robert : General Discussion, introduced and chaired by Young ResearchersPanel 4: General Conclusions and DiscussionColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Yannick Radi : General Conclusions Panel 4: General Conclusions and DiscussionColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Stéphanie Ruphy : CommentPanel 3: The Relations between Scientific "Exploration" and Commercial "Exploitation" of Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Jonathan B. Wiener : Space as Province, Property, and Planetary Protection: Risk and the Rise of the InterplanetaryPanel 3: The Relations between Scientific "Exploration" and Commercial "Exploitation" of Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Michela Massimi : Lunar Grabbing. On Scientific Commoning in Outer Space (and Oceanic Seabed too)Panel 3: The Relations between Scientific "Exploration" and Commercial "Exploitation" of Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Alessandro Morbidelli: Outer Space Exploration and Use: What Resources Out There?Colloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Stephan Hobe: Sovereignty, Territorial Jurisdiction and Property: an Inextricable Triangle in Space LawSovereignty, Territorial Jurisdiction and Property: an Inextricable Triangle in Space LawPanel 1: Sovereignty, Jurisdiction and Property in Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Anna Stilz: Sovereignty and Property in Celestial ResourcesSovereignty and Property in Celestial ResourcesPanel 1: Sovereignty, Jurisdiction and Property in Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Katrina M. Wyman: Early Legal Visions of Space: Does Myres McDougal's Work Hold Lessons for Today?Early Legal Visions of Space: Does Myres McDougal's Work Hold Lessons for Today?Panel 1: Sovereignty, Jurisdiction and Property in Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Lukas Rass-Masson: Property in Outer Space and Competition between Legal Orders from a Private Law PerspectiveProperty in Outer Space and Competition between Legal Orders from a Private Law PerspectivePanel 1: Sovereignty, Jurisdiction and Property in Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Alex Mills: Private International Law and the Possibility of Extraterrestrial Property: "Finders, Keepers" or "the Province of All Mankind"?Private International Law and the Possibility of Extraterrestrial Property: "Finders, Keepers" or "the Province of All Mankind"?Panel 1: Sovereignty, Jurisdiction and Property in Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Isabelle Sourbès-Verger: CommentCommentPanel 1: Sovereignty, Jurisdiction and Property in Outer SpaceColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Philippe Achilleas : International Space Law Facing the Commercial Exploitation of Celestial Body ResourcesPanel 2: Possible International Legal and Institutional Regimes for the Use of Outer Space, including CommoningColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Michael Byers : Que le jeu commence ! Commercial Space Mining and the Politics of Treaty InterpretationPanel 2: Possible International Legal and Institutional Regimes for the Use of Outer Space, including CommoningColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026Colloque - The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & Philosophy: Property in Outer Space: Context, Stakes and PossibilitiesColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Samantha BessonDroit international des institutionsCollège de FranceAnnée 2025-2026The "Province of All Mankind"? Property in Outer Space under Public and Private International Law & PhilosophyColloque - Niki Aloupi : CommentPanel 2: Possible International Legal and Institutional Regimes for the Use of Outer Space, including CommoningColloque organisé par la Pr Samantha Besson, chaire Droit international des institutions, les 25 et 26 septembre 2025PrésentationAs it is the case in other (marine or polar) "spaces" of international law usually defined negatively as areas beyond the (territorial) jurisdiction of States, a "non-appropriation" principle applies to the outer space (art. II 1967 Outer Space Treaty; art. 11(2-3) 1979 Moon Agreement). Despite later clarifications in the 1979 Moon Agreement, States still disagree, however, about both the material scope of the principle of non-appropriation (celestial bodies only, or both the bodies and their extracted resources) and its personal scope (public appropriation in the form of sovereign claims by States only, or both public and private appropriation). They also disagree about the implications of the second, more positive principle that was added in the Moon Agreement, i.e. that of "common heritage of mankind" (art. 11(1) Moon Agreement) and about the content of the further principle of "equitable access and sharing of benefits" (art. 11(7d) Moon Agreement) that applies to the common exploitation of celestial resources. In any case, due to the limited number of State ratifications (17 to date), the Moon Agreement is not considered as an expression of universally binding customary law. The same applies to the international regime for the common exploitation of the natural resources of celestial bodies foreseen by the agreement (art. 11(5-7) and 18 Moon Agreement).This disagreement is sharpened by the tension between those more recent principles, including non-appropriation through use, and the original principles of the international law of "areas beyond national jurisdiction", i.e. the principle of "freedom of exploration and use" (art. I(1) Outer Space Treaty) and its twin principle, i.e. the "freedom of scientific investigation" (art. I(3) Outer Space Treaty; art. 6(1) Moon Agreement). Those original principles have been left untouched by the new ones, indeed, and seem to accommodate free appropriation of resources through use, even if those freedoms have to be "carried out for the benefit and in the interests of all countries" (art. I(1) Outer Space Treaty; art. 4(1) Moon Agreement). The same tensions between the original principles and the subsequent ones also apply within other spaces of international law such as the high seas and deep seabed and have not been resolved by the 2023 Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction.This indeterminacy has led certain States and regional organizations to adopt domestic (public and private) legislation, develop soft law and/or conclude bilateral agreements to secure the property rights and investments of private companies authorized by those States to explore and exploit celestial bodies and their resources. Their hope thereby is to shape what is called, in international treaty law, a "subsequent practice in the application of treaties establishing an agreement". If those States were to succeed, that practice could influence the interpretation of the Outer Space Treaty. After all, this is exactly what some States did in 1982 after the adoption of the Convention of the Law on the Sea and following their disagreements about the organization of the international regime for the common exploitation of the deep seabed resources in the convention. So-doing, they steered that regime towards the 1994 compromise and the modification of the convention that ensued and, arguably, led to that regime's contemporary deadlock.This situation raises numerous questions about the kind of international law of outer space the international community of peoples should aim at developing. This is especially the case if we are to prevent the "enclosure" through public and private appropriation of what art. I(1) Outer Space Treaty refers to as the "province of all mankind". It also raises difficult questions about the state of our legal imaginary at a turning point of life on Earth. Are our legal categories themselves at risk of being prematurely "enclosed" by the binary opposition between (State) territory and space, by the opposition between the "common" and the public or the private, and by a given articulation of property to sovereignty?This two-day conference will bring public and private international lawyers together with political and legal philosophers to discuss the complex issues raised by property in outer space, including its relations to the notions of territory, jurisdiction and sovereignty, but also the international legal status of scientific research, data and samples. The discussions will be organized around three central issues: (i) the relations between property, jurisdiction and sovereignty, and their implications in outer space; (ii) the prospects of "commoning" in outer space, and of a distinct future international institution and regime to govern the common use of celestial resources as currently discussed by the United Nations' Committee on the Peaceful Use of Outer Space (COPUOS); and (iii) the public and common good of science, and its implications for a better distinction between scientific "exploration" and commercial "use", exploitation or appropriation of and by science in outer space.Participants/Speakers: Philippe Achilleas (University of Paris-Saclay); Michael Byers (University of British Columbia, Vancouver); Isabel Feichtner (University of Würzburg); Stephan Hobe (University of Cologne); Maria Manoli (University of Aberdeen); Michela Massimi (University of Edinburgh); Alex Mills (University College, London); Margaret Moore (Queen's University, Ontario); Yannick Radi (Catholic University of Louvain); Lukas Rass-Masson (University of Toulouse Capitole); Anna Stilz (University of Berkeley); Fabio Tronchetti (University of Northumbria); Jonathan B. Wiener (Duke University); Katrina M. Wyman (New York University).

Does the aging world population mean fewer wars in the future? What exactly is a geriatric peace? Our guest, Mark L. Haas, is the author of The Geriatric Peace – Population Aging and the Decline of War. [ dur: 30mins. ] Mark L. Haas is the Duquesne Professor of Political Science at Duquesne University in … Continue reading Scholars' Circle – Aging & wars ; Peaceful use of nuclear power – June 29, 2025 →

Send us a textAarti Holla-Maini is Director of the United Nations Office for Outer Space Affairs ( UNOOSA - https://www.unoosa.org/oosa/de/aboutus/director.html ) in Vienna, part of the UN organization ( https://www.un.org/ ) that works to promote international cooperation in the peaceful use and exploration of space, and in the utilization of space science and technology for sustainable economic and social development.Ms. Holla-Maini brings to this position over 25 years of professional experience in the space sector including in managerial and advocacy functions.  Most recently, she has held the role of Executive Vice-President Sustainability, Policy & Impact at NorthStar Earth & Space; prior to which she spent over 18 years as Secretary-General of the Global Satellite Operators Association.Ms. Holla-Maini's experience includes service as a member of the World Economic Forum's Global Future Council on Space; member of the Advisory Group of the Space Sustainability Rating managed by eSpace at the École Polytechnique Fédérale de Lausanne (EPFL) Space Center; member of the Advisory Board of the Satellite Industry Association of India; Senior Space Policy Adviser to Forum Europe and as Expert Adviser on Space Traffic Management for European Union studies 2021-2023.  She was also one of the chief architects of the Crisis Connectivity Charter established in 2015 for emergency telecommunications via satellite with the UN World Food Program's Emergency Telecommunications Cluster.Ms. Holla-Maini holds a bachelor's degree in law with German law from Kings College London, UK, a master's degree in business administration from HEC Paris, France, and she is also an alumna of the International Space University. #AartiHollaMaini #UnitedNationsOfficeForOuterSpaceAffairs #UN #Airbus #GlobalSatelliteOperatorsAssociation #UNOOSA #SpaceObjectRegister #SpaceLaw #SustainableDevelopmentGoals #SDG #CommitteeOnThePeacefulUsesOfOuterSpace #COPUOS #PlanetaryDefense #STEM #Innovation #Science #Technology #Research #ProgressPotentialAndPossibilities #IraPastor #Podcast #Podcaster #Podcasting #ViralPodcastSupport the show

Chinese authorities have said the country will keep on promoting the peaceful exploration and use of outer space to benefit all countries in the world.

Antonio Stark is an international business developer and a space policy consultant currently based out of South Korea. He currently works as the Asia-Pacific Regional Partnerships Manager at Space Generation Advisory Council, connecting government and industry actors in the region and beyond. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/spaceexplr/support

The black letter law and articles in this episode are: Jack Beard “Soft Law's Failure on the Horizon: The International Code of Conduct for Outer Space Activities” University of Pennsylvania Journal of International Law, 2017 https://scholarship.law.upenn.edu/jil/vol38/iss2/2/ The Woomera Manual Project https://law.adelaide.edu.au/woomera/ The Outer Space Treaty of 1967 https://history.nasa.gov/1967treaty.html The international outer space treaty regime https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html “France accuses Russia of spying on military from space” Reuters, September 2018 https://www.reuters.com/article/us-france-russia-security/france-accuses-russia-of-spying-on-military-from-space-idUSKCN1LN1XT The Committee on Peaceful Use of Outer Space (COPUOS) https://www.unoosa.org/oosa/en/ourwork/copuos/comm-subcomms.html Jack Beard is an Associate Professor of Law and the Co-Director of the Space, Cyber, and Telecom Law Program at the University of Nebraska College of Law https://law.unl.edu/jack-m-beard/ Dale Stephens is a Professor at Adelaide Law School https://www.adelaide.edu.au/directory/dale.stephens

Peter Kuznick is Professor of History at American University, and author of Beyond the Laboratory: Scientists As Political Activists in 1930s America, co-author with Akira Kimura of Rethinking the Atomic Bombings of Hiroshima and Nagasaki: Japanese and American Perspectives, co-author with Yuki Tanaka of Nuclear Power and Hiroshima: The Truth Behind the Peaceful Use of Nuclear Power, and co-editor with James Gilbert of Rethinking Cold War Culture. In 1995, he founded American University's Nuclear Studies Institute, which he directs. In 2003, Kuznick organized a group of scholars, writers, artists, clergy, and activists to protest the Smithsonian's celebratory display of the Enola Gay. He and filmmaker Oliver Stone co-authored the 12 part Showtime documentary film series and book both titled The Untold History of the United States.

On this episode of Mars Ascend is Air and Space Law Instructor Andrea Harrington of the University of Mississippi School of Law.  Andrea is also a lawyer and instructor at the International Space University and the Executive Editor of the Journal of Space Law. She is a doctoral candidate in the field of Air and Space Law. In this Part 2 of a 2 Part series we discuss the national U. S . Space Act signed into law in 2015 and it’s relationship to the international Outer Space Treaty. The United Nations Committee on the Peaceful Use of Outer Space or COPUOS oversees the Outer Space Treaty.

On this episode of Mars Ascend is Air and Space Law Instructor Andrea Harrington of the University of Mississippi School of Law. We discuss the evolving field of space law and introduce some of it’s core principals including application to human missions to Mars. Andrea is also a lawyer and instructor at the International Space University and the Executive Editor of the Journal of Space Law. She is a Doctoral candidate in the field of Air and Space Law. In this Part 1 of a 2 Part series we touch upon important space law legislation derived from the United Nations Committee on the Peaceful Use of Outer Space or COPUOS.

Talk Nation Radio: Peter Kuznick on Untold Nuclear History and No War 2016 Written by davidswanson  Peter Kuznick is Professor of History at American University, and author of Beyond the Laboratory: Scientists As Political Activists in 1930s America, co-author with Akira Kimura of  Rethinking the Atomic Bombings of Hiroshima and Nagasaki: Japanese and American Perspectives, co-author with Yuki Tanaka of Nuclear Power and Hiroshima: The Truth Behind the Peaceful Use of Nuclear Power, and co-editor with James Gilbert of Rethinking Cold War Culture. In 1995, he founded American University’s Nuclear Studies Institute, which he directs. In 2003, Kuznick organized a group of scholars, writers, artists, clergy, and activists to protest the Smithsonian’s celebratory display of the Enola Gay. He and filmmaker Oliver Stone co-authored the 12 part Showtime documentary film series and book both titled The Untold History of the United States. Kunick will be screening an episode of that program and speaking at the No War 2016 conference in Washington, D.C.: http://worldbeyondwar.org/nowar2016 Total run time: 29:00 Host: David Swanson.Producer: David Swanson.Music by Duke Ellington. Syndicated by Pacifica Network. Please encourage your local radio stations to carry this program every week!  

Peter Kuznick is Professor of History at American University, and author of Beyond the Laboratory: Scientists As Political Activists in 1930s America, co-author with Akira Kimura of Rethinking the Atomic Bombings of Hiroshima and Nagasaki: Japanese and American Perspectives, co-author with Yuki Tanaka of Nuclear Power and Hiroshima: The Truth Behind the Peaceful Use of Nuclear Power, and co-editor with James Gilbert of Rethinking Cold War Culture. In 1995, he founded American University's Nuclear Studies Institute, which he directs. In 2003, Kuznick organized a group of scholars, writers, artists, clergy, and activists to protest the Smithsonian's celebratory display of the Enola Gay. He and filmmaker Oliver Stone co-authored the 12 part Showtime documentary film series and book both titled The Untold History of the United States. Kunick will be screening an episode of that program and speaking at the No War 2016 conference in Washington, D.C.: http://worldbeyondwar.org/nowar2016