The province and heritage of mankind reconsidered: A new beginning

The central problem of our time -- one that is shared by all races and nationalities -- is to discover the things, the qualities, and interest that people have in common so that durable institutions can be designed for mankind's survival. The 'common heritage of mankind' and the 'province of all mankind' are different legal concepts developed in international space law during the last quarter of a century. Since the initial appearance of these provisions, controversy has arisen regarding their intent and meaning as applied to a nation's right to explore and use a common environment such as space or the high seas and a nation's obligation to share benefits derived from those environments with the rest of the world. As can be expected, different interpretations are currently competing for acceptance. This is so, in part, because, in the case of the Outer Space Treaty, although a general principle was articulated, rules for acceptance and application of the principles were not. In the case of the Moon and Sea Treaties, although an effort has been made to clarify both meaning and application, the articulations are still too vague for legal certainty. This paper focuses on the fact that these concepts are already currently available tools for the advancement of both global and U.S. interests but, because of the labyrinthine legal arguments that have been generated and some assumptions being held, they are in danger of being lost as such tools. The tendency of many observers in the U.S. to confuse the concept of 'province of all mankind' and 'common heritage of mankind' and to assume that both are incompatible with U. S. commercial space interests is also addressed. It is suggested that reconsidering these provisions can yield positions compatible with U.S. interests and that it can and should actively seek the use of these provisions as a basis for global cooperation and commercial benefit.