Earth Attacks: Common Heritage of Mankind and the Status of Mars, the Moon, and Other Outer Space Resources in International Environmental Law

Abstract

The moon, Mars, and other areas of outer space have captivated the world for generations. Early astronomers observed channels or canals on the surface of Mars, leading to speculation about the potential for intelligent life outside Earth. Space probe missions such as the Curiosity Rover indicate that outer space mining or perhaps even terraforming, activities long considered to fall within the realm of science fiction, may not be such fictional pursuits after all. Such activity leads to questions about the status of resources such as Mars, the Moon and outer space itself. Could it be claimed as unoccupied territory by one Earth nation state, or used as a deep-space military base or testing facility? In a world rapidly being depleted of valuable minerals and even such basic commodities as water, could the discovery of such resources lead to commercial exploitation by individual states or private companies? This paper will address these issues, explaining the relevant international treaty and customary law including the concept and development of the common heritage of mankind. It will evaluate the issues inherent in commercial exploitation, and draw comparisons with other common heritage regimes of the deep seabed and Antarctica. It will consider the place of the Outer Space Treaty, and evaluate suggestions for new outer space legal regimes against environmental concerns and the fundamental status of outer space.