The Status of the Principle of the Common Heritage of Mankind in Light of U.S. and Luxembourg National Space Laws and International Space Treaties

Abstract

With the rapid expansion of the private space industry and the increasing utilization of space resources, international space law and national regulations play a crucial role in guiding and overseeing these developments. The United States and Luxembourg, as examples of states parties to the Outer Space Treaty, have structured their national space laws in a manner that primarily fosters bilateral and multilateral cooperation in the space sector rather than adhering strictly to the principles set forth in the 1967 Outer Space Treaty and the 1979 Moon Agreement, despite the fact that one of them is not a party to the latter. This article seeks to address the question of how national laws can influence the obligations and the spirit of international treaties concerning the exploitation of space resources. Furthermore, legal challenges, such as circumventing treaty obligations under the Outer Space Treaty and conflicts with the principle of space utilization for the benefit of humankind, are examined, particularly with regard to the U.S. Commercial Space Launch Competitiveness Act.