Abstract

In the literature dealing with the subject of international space law, there is a noticeable dispute concerning the existence of the common heritage of mankind principle, also known as res communis – common good. The preservation of this doctrine is increasingly unlikely in its current shape, as more experts see it as an obstacle for investment and a brake on development of modern space technology. The article points to the arguments of both sides of the ongoing debate on the future of international space law in the context of res communis doctrine, culminating in a conclusive statement supporting current doctrine as an appropriate safeguard for the future of space exploration and the necessity to take responsibility for all activities in outer space was indicated, for the benefit future generations. This article describes the res communis doctrine, one of the most important principles
creating international space law. This text shows the evolution of the principle, its change in perception since its appearance in customary law, through incorporation in first treaties regulating the activities of States in outer space, that is Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 27th of January 1967 until the final definition in the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 18th of December 1979. The author discusses the meaning of res communis doctrine, also known as the principle of the common
heritage of mankind. International agreements establishing international space law are introduced, in which foregoing principle was implemented. The res communis doctrine is not new to international law and is not limited to outer space only. Its application can be found in the Jamaican Convention of 10th of December 1982, or in the laws regulating the legal status of Antarctica.