Can Space Resources and Common Heritage Be Successful Intertwined? A Historical Analysis of the Sea and Space

This paper addresses the coming need for a regime governing space resources and the existing concept of “Common Heritage of All Humankind”. In the first section the concept of “province of all mankind” found in the Outer Space Treaty is analyzed. This is followed by examining how the concept of common heritage of all mankind developed in connection to the Convention on the Law of the Sea and resources located on the seabed. Following its use in the Moon Agreement and the U.S. Artemis Accords are addressed in relation to the Moon Agreement. Finally, the recent Law of the Sea Convention Agreement concerning marine genetic materials is examined. The author concludes with recommendations for a future space resources regime.