Thesis (LL. M.)--Judge Advocate General's School, 1959. / "April 1959." Typescript. Includes bibliographical references (leaves 55-60). Also issued in microfiche.

The purpose of this thesis is to propose the fundamental regulatory policy basis for a future domestic legislation governing private space activities in those States where their industry has or aspires to have a preponderant role in the pursuit of space activities and which have not yet crafted their national space regulatory framework. This study is based on the premises that the international legal framework governing space activities provides the fundamental basis for national space legislations and that the legislative experience of the countries which have adopted a domestic space legal scenario presents a useful model for delineating the principal basis of national legislation for those countries without specific national regulatory framework. The proposal is analyzed in light of Law Reform and participatory theory, conceived as a multifold dynamic process, requiring a national effort based on high level of State and private sector participation.

The purpose of the thesis is to explore to what extent, if any, has the principle of the common heritage of mankind been implemented in the practice of states and in what areas. With that objective in mind, various fields of international law are critically canvassed, including the Antarctic Treaty, the Outer Space Treaty and the U.N. Convention on the law of the Sea, plus such international organizations as the European Space Agency and INMARSAT, all with the view to finding the best model for the application of the principle of the Common Heritage of Mankind to Outer Space. The thesis recommends the establishment of a special outer space organization as the best way to satisfy the needs of the developing countries and their expectations.

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As it is standing now, space law is mostly a product of the Cold War and, as such, a compromise between the capitalist and socialist ideologies. As a result, it forms a separate block of international law obeying to original principles. Space law is a reality based on several international treaties and some practice but, no major international success in improving or expending the original rules have been achieved for a while. This situation had driven certain to stress that important matters remain underdeveloped and that some specific rules are missing. In fact, the actual evolution of the world is rising the question of the viability of the general principles presently governing outer space. In our opinion, those unattended issues include the important growth of the commercial exploitation of space in our globalisation context as well as the question---prompted by the unilateral approach of certain States---of how and by whom Space should be controlled or policed.

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