INVESTIGADORES
CASTILLO ARGAÑARAS Luis Fernando
congresos y reuniones científicas
Título:
The Moon Agreement: an illusión or a reality?
Autor/es:
CASTILLO ARGAÑARAS, LUIS F
Lugar:
Prague
Reunión:
Congreso; 53rd Colloquium of the Law of Outer Space; 2010
Institución organizadora:
The International Institute of Space Law
Resumen:
Article 11.1 of the Moon Agreement states that Moon and its resources are the common heritage of mankind and lays down the foundations upon which a future international régime should be established. Nowadays the doctrine is viewing such régime as a set of mutual expectations, rules and regulations, energies veered towards organization and financial commitments accepted by a group of states.In this paper the author intends exploring recent doctrine to determine the actual scope of the international régime established by the Moon Agreement. To this end the following questions shall be addressed. Is there in fact an international régime stemming from the 1979 Agreement? Is there any state practice based on the so-called international régime, as mentioned in the Moon Agreement? And what is the role of opinio juris in the process of elaboration of this regime?
