01whole.pdf (2.92 MB)
Download file

An evolved 'Province of all mankind' for humanity's future migration to outer space

Download (2.92 MB)
thesis
posted on 28.03.2022, 20:33 authored by Andrew James Butler
The eventual migration of humans to outer space appears extremely likely when humanity’s development is viewed through the long‐term lens of the emerging discipline of ‘Big History’. When this future migration occurs, unexamined legal questions will arise at the intersection of international space law and international migration law. One possible governance model assisting such migration to outer space arises from an evolved understanding of the Outer Space Treaty, in particular its statement at Article I that the ‘exploration and use of outer space … shall be the province of all mankind.’ The potential exists, de lege ferenda, to recognise the international legal personality of ‘mankind’ (or humankind), endowing this provision with the important role of investing residual sovereignty and ultimate title over areas of outer space in all of humanity. This thesis advocates such an evolutionary interpretation of the province provision, by recognising that the ordinary meaning of the word ‘province’ and both the activities of ‘exploration’ and ‘use’ all have legal associations with territory. Such a territorial conception can be highly facilitative of future migration to outer space and governance of space communities, by resulting in: 1) freedom of movement in outer space as an individual human right; 2) the bifurcation of sovereignty enabling territorial administration and resource utilisation by other subjects of international law; and 3) the ability for humankind to require acceptance of its compulsory jurisdiction over international disputes arising in outer space. This thesis undertakes a detailed examination of the Treaty’s travaux préparatoires to find a level of support exists within its negotiation history for this bold interpretation. Finally the term ‘the province of all mankind’ is analysed in each of the Treaty’s official languages, with this territorial conception of the province provision offering a unity of meaning between these five equally authentic texts.

History

Table of Contents

Chapter I. Introduction -- Chapter II. A territorial conception for ‘The province of all mankind’ -- Chapter III. The legal consequences of the territorial conception -- Chapter IV. The province provision within the Travaux préparatoires -- Chapter V. The province provision in its equally authentic languages -- Chapter VI. Looking up -- Bibliography -- Appendices.

Notes

Theoretical thesis. Bibliography: pages 97-122

Awarding Institution

Macquarie University

Degree Type

Thesis MRes

Degree

MRes, Macquarie University, Faculty of Arts, Macquarie Law School

Department, Centre or School

Macquarie Law School

Year of Award

2016

Principal Supervisor

Brian Opeskin

Rights

Copyright Andrew James Butler 2016. Copyright disclaimer: http://mq.edu.au/library/copyright

Language

English

Extent

1 online resource (vii, 142 pages)

Former Identifiers

mq:69657 http://hdl.handle.net/1959.14/1256459