Trajectories of Normative Development for Outer Space Heritage Concept

Abstract

Landing astronauts on the moon is one of the greatest achievements of humanity, but the status of historic lunar landing sites in international law is uncertain. There is a general consensus in the literature on space law and policy that Apollo landing sites deserve a recognition of their outstanding universal value and appropriate protection by the entire international community. However, enforcing such protection might be problematic from a legal perspective, since there is no legally binding norm in the current body of international law that would authorize or oblige states to identify and protect heritage sites on the moon or other celestial bodies. There is a nascent concept of outer space heritage in the field of international space law. The notion has been introduced through soft law instruments which are not binding upon states, such as the 2020 Artemis Accords, or policy recommendations by various expert panels (e.g. the Hague Working Group Building Blocks). The Outer Space Treaty and the other four UN space treaties do not contain any provision about heritage sites in outer space. International cultural law, and the World Heritage Convention in particular, is not applicable to outer space because the Convention’s provisions limit the identification and protection of cultural heritage sites to the territories of States parties, but the moon and other celestial bodies are areas beyond national jurisdiction. This paper analyzes possible trajectories of normative development in international law to introduce a legally binding norm for recognition and protection of humanity’s heritage in outer space. These trajectories include amending existing treaties, such as the Outer Space Treaty or the World Heritage Convention, concluding implementation agreements to the existing treaties, drafting a new international treaty, developing norms of customary international law, as well as a possibility of extension of state sovereignty to certain areas in outer space. The paper complements the existing literature by considering trajectories of normative development that have been omitted by previous studies, as well as by comprehensively analyzing all possible trajectories within the same piece of research. By assessing advantages and challenges of every trajectory, the study identifies the easiest initiatives to implement, as well as the ones that will be the most robust and efficient