The Development of Outer Space: Sovereignty and Property Rights in International Space Law

by Thomas Gangale

Overview

This account of the evolution of outer space law examines key issues that fuel the debates over sovereignty and property rights designed to govern the future colonization and use of heavenly bodies other than our own.

In the United States, lobbies for the commercial development of space have become increasingly antagonistic toward the international legal regime of outer space, condemning the 1967 Outer Space Treaty and the unratified 1979 Moon Agreement as anti-business. The Development of Outer Space: Sovereignty and Property Rights in International Space Law argues that the res communis principle enshrined in the Outer Space Treaty was misrepresented here, with essential help from corporate lobbyists whose real object was the defeat of the Law of the Sea Convention. Thomas Gangale builds the legal case for reviving the moribund Moon Agreement as a prelude to negotiating a second Moon treaty to establish a regulatory regime for the exploitation of extraterrestrial resources.

The author's account of the inception and evolution of outer space law to date is deeply informed by his appreciation of such terrestrial considerations as the nation-state system, the contending economic theories of capitalism and communism, and the post-colonial struggle between the developed space-faring nations and the developing earthbound nations.

Product Details

ISBN-13:	9780313378232
Publisher:	Bloomsbury Academic
Publication date:	07/23/2009
Pages:	317
Sales rank:	1,163,106
Product dimensions:	6.40(w) x 9.30(h) x 1.40(d)

About the Author

Thomas Gangale is executive director of OPS-Alaska, an aerospace think tank in Petaluma, CA. He served as an Air Force space program engineer for four satellite programs involving strategic arms control verification, the Strategic Defense Initiative, and Space Shuttle payloads.

Table of Contents

List of Figures and Tables
Preface
1 The Forsaken Promise of Space
2 The Launching of Space Law
3 Property Rights in Outer Space
4 Common Heritage in Magnificent Desolation: The Moon Agreement's Tragic Odyssey
5 Moon Myths: What the Moon Agreement Is Not
6 Returban to the Moon: The Moon Agreement Reconsidered
7 Castles in the Air: The Space Settlement Prize
8 Celestial Empire: China's Rise as a Space Power
9 Interplanetary Political Economy
10 The Cosmic Tumblers
Appendix 1 The International Cooperation Resolution
Appendix 2 The Declaration of Legal Principles of Outer Space
Appendix 3 The Outer Space Treaty
Appendix 4 The Registration Convention
Appendix 5 General Assembly Resolution 34/68
Appendix 6 The Moon Agreement
Appendix 7 The COPUOS Understandings of the Moon Agreement
Appendix 8 The ABA Section of Intl. Law Resolution on the Moon Agreement
Appendix 9 The Declaration on International Cooperation
Index
About the Author

What People are Saying About This

Vadim Rygalov Assistant Professor

"Thomas Gangale's book is a very contemporary integration and analysis of upcoming legal, political, and diplomatic issues of space exploration in the near- and long-term future. Based on thorough considerations of technological trends, the author is describing for us the current status and outlining the future directions of a balanced civilized approach to space resources exploration and use. Without hesitation I would recommend this book to anyone who is already involved - or just thinking about - career development in the political, social, business and economic areas related to space activity.' "

Michael A. G. Michaud Author of Reaching for the High Frontier: The American Pro-Space Movement

"Whether you are an advocate or an opponent of the controversial agreement known as the Moon Treaty, or of proposals for the commercial exploitation of solar system resources, Tom Gangale's book will provoke your thinking.' "

—

Michael A. G. Michaud Author of Reaching for the High Frontier: The American Pro-Space Movement, 1972-1984

Albert A. Harrison Professor Emeritus of Psychology University of California

"In this engaging and informative volume, Mr. Gangale deftly guides us through a labyrinth of incomplete and sometimes conflicting space treaties and laws. Lurking within the corridors we find superb statesmen and jurists, earnest advocates, the greedy, and the misinformed. Staying a course between wishful thinking and defeatism he develops a convincing strategy for government, law, technology and private enterprise to join together and successfully apply greater and greater amounts of space-based resources to help solve if not eradicate problems on Earth."

Vadim Rygalov Assistant Professor

"Thomas Gangale's book is a very contemporary integration and analysis of upcoming legal, political, and diplomatic issues of space exploration in the near- and long-term future. Based on thorough considerations of technological trends, the author is describing for us the current status and outlining the future directions of a balanced civilized approach to space resources exploration and use. Without hesitation I would recommend this book to anyone who is already involved - or just thinking about - career development in the political, social, business and economic areas related to space activity.' "

—

Vadim Rygalov Assistant Professor, Department of Space Studies, University of North Dakota

Virgiliu Pop

"The answer to the question of who shall own the resources of outer space is central to humankind's ongoing and future efforts at settling the extraterrestrial realms. As with many issues, there are two sides of the story, and Thomas Gangale's new book, The Development of Outer Space: Sovereignty and Property Rights in International Law, keeps alive the debate on the opportunity of extending or not the system of property rights above the horizon."

Setsuko AokiProfessor of Policy Management

"In the midst of the second Lunar fever since the Apollo era, comes the book long awaited. Mr. Gangale's book is a death sentence to the all nonsense and misunderstanding about the property rights of the Moon and beyond. Highly scholarly work with the solid facts and analysis, and still fun to read!' "

Setsuko Aoki Professor of Policy Management

"In the midst of the second Lunar fever since the Apollo era, comes the book long awaited. Mr. Gangale's book is a death sentence to the all nonsense and misunderstanding about the property rights of the Moon and beyond. Highly scholarly work with the solid facts and analysis, and still fun to read!' "

Albert A. HarrisonProfessor Emeritus of PsychologyUniversity of California

"In this engaging and informative volume, Mr. Gangale deftly guides us through a labyrinth of incomplete and sometimes conflicting space treaties and laws. Lurking within the corridors we find superb statesmen and jurists, earnest advocates, the greedy, and the misinformed. Staying a course between wishful thinking and defeatism he develops a convincing strategy for government, law, technology and private enterprise to join together and successfully apply greater and greater amounts of space-based resources to help solve if not eradicate problems on Earth."

Setsuko Aoki Professor of Policy Management

"In the midst of the second Lunar fever since the Apollo era, comes the book long awaited. Mr. Gangale's book is a death sentence to the all nonsense and misunderstanding about the property rights of the Moon and beyond. Highly scholarly work with the solid facts and analysis, and still fun to read!' "

—

Setsuko Aoki Professor of Policy Management, Keio University

Vadim RygalovAssistant Professor

"Thomas Gangale's book is a very contemporary integration and analysis of upcoming legal, political, and diplomatic issues of space exploration in the near- and long-term future. Based on thorough considerations of technological trends, the author is describing for us the current status and outlining the future directions of a balanced civilized approach to space resources exploration and use. Without hesitation I would recommend this book to anyone who is already involved - or just thinking about - career development in the political, social, business and economic areas related to space activity.' "

Declan J. O'Donnell

"Congratulations to Greenwood Publishing Group and author, Thomas Gangale, for the book entitled The Development of Outer Space: Sovereignty and Property Rights in International Law because all these words DO WORK TOGETHER."

Virgiliu Pop

"The answer to the question of who shall own the resources of outer space is central to humankind's ongoing and future efforts at settling the extraterrestrial realms. As with many issues, there are two sides of the story, and Thomas Gangale's new book, The Development of Outer Space: Sovereignty and Property Rights in International Law, keeps alive the debate on the opportunity of extending or not the system of property rights above the horizon."

—

Virgiliu Pop, LL.Lic, LL.M Researcher, Romanian Space Agency Author, Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership" and "Unreal Estate - The Men Who Sold the Moon

Declan J. O'Donnell

"Congratulations to Greenwood Publishing Group and author, Thomas Gangale, for the book entitled The Development of Outer Space: Sovereignty and Property Rights in International Law because all these words DO WORK TOGETHER."

—

Declan J. O'Donnell, Esq.,

Editor, Space Governance Journal

Albert A. Harrison Professor Emeritus of Psychology University of California

"In this engaging and informative volume, Mr. Gangale deftly guides us through a labyrinth of incomplete and sometimes conflicting space treaties and laws. Lurking within the corridors we find superb statesmen and jurists, earnest advocates, the greedy, and the misinformed. Staying a course between wishful thinking and defeatism he develops a convincing strategy for government, law, technology and private enterprise to join together and successfully apply greater and greater amounts of space-based resources to help solve if not eradicate problems on Earth."

—

Albert A. Harrison Professor Emeritus of Psychology University of California, Davis

Editorial Reviews

. . .a unique niche interest work worth the read for those who are fascinated by the prospects of multiple nations settling human outposts on celestial bodies' off-Earth. . . it certainly is worth the read for anyone having a strong interest in space law and the economic development regimes of the nascent space economy coming rapidly in the 21st Century. To those with the niche interest, I say buy this book. It will make you think.” —Spaceports.blogspot.com

“Gangale (executive director of OPS-Alaska, an aerospace think tank) examines the legal issues of sovereignty and property that are likely to arise in outer space exploration and discusses how they can be managed by current and possible future international agreements.” —Reference & Research Book News

From the Publisher