Several years ago, a multilateral treaty came into effect among some 45 countrie

Question

Several years ago, a multilateral treaty came into effect among some 45 countries, including most of the major developed countries of the world. the treaty, known as the Outer Space Treaty, forbids any member state from claiming " any planet, satellite, asteroid or other celestial body" as part of the territory of the member state. State X, which is not a party to the treaty, recently sent a spacecraft to the earth's moon. the crew members of the craft unfurled the flag of State X and claimed a 1,000 square kilometer surface area of the moon to be part of the territory of the State X. several small buildings were constructed, including a radio transponder and a landing guidance system.
State Y, joined by the other member states of the Outer Space Treaty, has brought suit against State X in the ICJ. they ask the court to declare that State X's claim to the territorial annexation of part of the moon be declared void. They argue that the provisions of the Outer Space Treaty forbidding such annexations are part of the customary international law and that the treaty itself is an opinio juris, none one of the members of the world community have acted to prevent the annexation of parts of the surface of the moon, and therefore there is no usus. How should the court rule?

Explanation / Answer

The court can ask for the complete report of the space activity. Based on these reports the claim of the country for outer space shall be judged.

The court must see whether the space activity carried out is for the benefit of whole mankind. The court always have the power to turn down the claim.

The court has the support of its state members and the accused state must act according to the treaty even if he is not the part of it.According to the ARTICLE VI of the Outer Space Treaty deals with international responsibility, stating that "the activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty" and that States Parties shall bear international responsibility for national space activities whether carried out by governmental or non-governmental entities.outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.

Court has the right to dismiss all the claims put forward by the state and its jurisdiction can be to use the property built in space planet for the benefit of all states and not solely for state X.

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