ABSTRACT
There are certain contradictions in the argument of those writers who expound the legality of unbridled private exploitation of resources on celestial bodies, which must be dispelled. Christol, for instance, admits that, “being unable to possess sovereignty, a State may not create exclusive property rights”. 637 Yet he goes on to conclude as follows:
However, those public entities or those private institutions that have the capacity to engage in exploitative activities are fully competent to do so. They are as required by Article VI of the Principles Treaty, to conform to the “authorization and continuing supervision by the appropriate State Party to the Treaty.” As a result of this provision it is clear that parties may exercise important jurisdictional controls. Most importantly, the distinction between national sovereignty, and the right of a State to engage in jurisdictional authority, has been recognised. The extent of such jurisdictional authority will depend upon whether a State is bound by either or both of the 1967 Principles and the 1979 Moon treaty. 638
