This document summarizes Valnora Leister's presentation on ensuring equity and transparency in outer space activities. Leister argues that leading space powers prioritize national military and economic aims over benefiting humanity. She outlines four paths to expand global participation in space: 1) engage civil society, 2) work with emerging space powers, 3) apply principles of international environmental law, and 4) use new governance concepts like "economic governance" and "charter cities" to ensure equity and transparency in shared space resources. Leister concludes that developing a "Universal Law of Humanity" could help realize outer space as the "New Province of Mankind" by replacing the current system based on state supremacy.

1. ASSURING EQUITY
AND TRANSPARENCY
IN THE PROVINCE OF MANKIND
Valnora Leister, LLM, DCL
Attorney, Senior Fellow, Openworld Inc.
Member Brazilian Society of Aerospace Law,
ILA, IISL and ABA forum on Airspace Law.
The 4th E. Galloway Symposium on Critical Issues in Space Law
Cosmos Club, Washington, D.C.
December 10, 2009
Valnora Leister, LLM, DCL
Attorney, Senior Fellow, Openworld Inc.
Member Brazilian Society of Aerospace Law,
ILA, IISL and ABA forum on Airspace Law
The 4th E. Galloway Symposium on Critical Issues in Space Law
Cosmos Club, Washington, DC December 10, 2009

2. Introduction
This presentation reviews how the principle of
Common Heritage of Humanity…
 influences current outer space
activities
 can advance the interests of
future generations by
safeguarding space against
unilateral exploitation and
domination

3. Context
• Space law is built upon positivist doctrines
that trace back to the Treaty of Westphalia
(1648), which established nation states as
sovereigns
• The 1967 Outer Space Treaty took shape
in a Cold War period dominated by two
superpowers
• Although the Cold War ended with the fall of
the Berlin Wall, military uses of outer space
have continued to grow
• In practice, leading powers continue to use
outer space to advance national military and
economic aims, rather than for their agreed
aim of benefiting Humanity

4. How do leading space powers hold
back Humanity’s interests in Space?
a) through export controls…
• Continuing controls
between North and South
limit transfer of space
technologies
• These controls represent a
wall that keeps space from
becoming a province for all
humanity

5. How do leading space powers hold
back Humanity’s interests in Space?
b) through opposition in
global forums…
• Since the end of the Cold
War, many multilateral
initiatives for transparency
and demilitarization of the
space frontier have been
blocked or sidelined

6. Attempts to improve transparency
and reduce arms in space
1. UN resolution on transparency and confidence-building
measures in outer space (UN. Doc. A/C.1/63/L.44/Rev.1)
 Approved by the UN First Committee on October,
2009
 Votes in favor: 166
 Opposed: 1 (US) with one abstention (Israel)
2. UN resolution on the prevention of an arms race in outer
space (UN. Doc. A/C.1/64/L.25/Rev.1)
 Approved by the UN First Committee on October,
2009
 Votes in favor: 176
 Abstentions: 2 (US and Israel)

7. 3. European Community (EU) - draft code of conduct for outer
space activities to "enhance the safety, security and
predictability of outer space activities" and "prevent outer
space from becoming an area of conflict." December, 2008
4. China and Russia - draft treaty on the Prevention of an arms
race in outer space at the Conference on Disarmament in
February, 2008.
5. Canada – a proposed ban on the placement of weapons in
outer space, with a prohibition of testing and using weapons
on satellites, as well as a prohibition of the use of satellites
themselves as weapons in October, 2009
…all of these are currently under study or in
preliminary negotiation
Attempts to improve transparency and
reduce arms in space (continued)

8. How can we “tear down this wall” --
and safeguard the rights
of Humanity in Space?
Multiple paths are being
explored for future
generations to work
together in outer space…

9. How to expand global participation
in the space frontier?
• NGOs – more than one thousand
Non- Governmental Organizations
recently attended the Conference
on Disarmament for Security
(September, 2009) at the United
Nation’s 62nd Annual Public
Information (NGO) gathering
• Global companies - “Base of the
Pyramid”-oriented private
companies are seeking to open
new markets with affordable new
communications, GPS, and remote
sensing solutions
Path 1. Engage civil society…

10. How to expand global participation
in the space frontier?
• India's space agency has been
focusing its efforts in space on
practical applications, partnering
with schools in remote areas; it
is planning its first manned
space mission in 2015.
• Brazil's Space Agency has
pursued a policy of joint
technological development with
other nations, including China,
Russia and Ukraine.
Path 2. Work with emerging space powers…

11. How to expand global participation
in the space frontier?
• individuals and NGOs – as well as nation
states – are now recognized as having direct
responsibility for protection of the global
environment
• Intergenerational equity must be respected –
present activities cannot damage the
interests of future generations
• Transparency is recognized as essential to
track harmful activities and deter actions that
threaten our common environment
Each of these principles can be - and should be –
applied to the law of Space.
Path 3. Apply the new precedents established by
international environmental law (IEL)…

12. How to expand global participation
in the space frontier?
Path 4. Use new concepts of governance to ensure
equity and transparency in shared resources
Example: “economic governance” (developed by
Elinor Ostrom, 2009 Nobel Laureate in Economics)
Core insight: common resources can be managed
successfully by nongovernmental associations of
users, rather than by public sector bodies or private
corporations.
Value to space law: can be a
new framework for global
space development

13. How to expand global participation
in the space frontier?
Path 4. Use new concepts of governance to ensure
equity and transparency in shared resources
Example: “charter cities” (developed by Paul Romer,
Stanford University economist)
Core idea: apply innovative laws and institutional
reforms in unoccupied areas, in ways that produce
rapid asset gains for shared benefit. (Precedents
include Chinese and Indian Special Economic Zones.)
Value to space law: Charter
Cities could help fund global space
development initiatives.

14. Critical Issues To Resolve
• Space debris, the militarization of
outer space, and national
restrictions on transfer of space
technologies have national origins -
but global consequences
• State actions with global
consequences lack transparency,
although they take place in a realm
defined as the common heritage of
Humanity
• Principles of Environment Law
have yet to be extended to outer
space as a means of dealing with
these critical issues

15. • Establish a clear legal meaning for the
concept of Humanity, so that the “New
Province of Mankind” in outer space can
be realized
• Develop a new Jus Gentium – The
Universal Law of Humanity – for the 21st
Century to replace the current system,
which rests on the supremacy of nation
states
The Challenge Ahead

16. Concluding Thoughts
• Global society will become an international
community when it has norms reflecting
direct inputs from common interests of
Humanity.
• The opportunity to build a better world,
more just, safe and united should not be
wasted.

17. Thanks –
I look forward to your
comments!
Valnora Leister
valnoral@openworld.com