Building upon the Developments in the Law of the Sea: The Extension of the Concept of Sustainable Development to Outer Space

The current legal regime regulating activities in outer space does not provide for rules capable of handling the complex process of developing the mining industry in outer space. This article proposes extending the concept of sustainable development to the domain of outer space. The application of sustainable development to outer space can be better understood in light of developments that have taken place in the law of the sea, particularly developments associated with the concept of the common heritage of mankind, which is believed to be at the heart of sustainable development when it comes to the governance of common spaces. The experiences learned while drafting Part XI of the UNCLOS and its subsequent amendment by the 1994 Agreement provide necessary insight into the drafting process, which can help identify possible obstacles and serve as a model to follow while developing space law.

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