ABSTRACT
The legal and philosophical bases of space law are the antithesis of those applicable to air law in that space law is grounded on the principle that outer space is the common heritage of mankind and that no state or individual can therefore claim rights in rem to any portion of outer space. This chapter discusses the philosophical basis of the common heritage principle of space law, through an evaluation of public international law and its relevance. It discusses both treaty law and general principles of international law on the subject of space law make the two elements of liability and responsibility a means to an end: that of awarding compensation to an aggrieved state or other subject under the law. Treaties, conventions, agreements, protocols, exchanges of notes and other synonyms all mean one and the same thing at international law – that they are international transactions of a legal character.
