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By Shapley H.

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The major reason for this difference is to be found in the principles of free access, free use, and non-appropriation. By depriving States of the attribute of sovereignty in relation to outer space, these principles have also worked against the motivation of States for establishing a detailed regulatory framework, since such a framework is not needed to ensure their compliance with the international framework which governs their activities in the space (36) The doctrine has also addressed the issue of appropriation of resources, versus appropriation of the areas.

Under the Declaration of Principles, States themselves bear responsibility for their activities in outer space. They also bear this responsibility on behalf of their nationals (national activities by governmental agencies or non-governmental entities). Therefore, as far as international law is concerned, States carrying out national space activities are internationally responsible, whether they launch themselves or not. In terms of liability, the Declaration is more specific. States which may incur liability are those which launch or procure the launching of an object in outer space, and those States from whose territory or facility an object is launched .

Bourély, “Coopération internationale et droit de l’espace, l’exemple de l’Agence Spatiale Européenne”, in J. , Aspects récents du droit de l’espace(Paris: Pedone, 1988), at 47 M. Bourély, “Space Law and the European Space Agency”, in N. , Space Law Development and Scope, supra note 24, at 87 M. Bourély, “Organization politique et administrative Internationale, Organizations à compétence territoriale régionale. Organizations de l’espace”, Jurisclasseur Droit International, Fascicule 195 G. Lafferranderie, “The European Space Agency (ESA) and International Space Law”, in Proceedings of the Third ECSL Colloquium, International Organizations and Space Law, Perugia, Italy, 6-7 May 1999 (Noordwijk: ESA Publications, 1999), ESA Publication ref SP-442, at 19: this Article reprints in its annexes the declaration of acceptance by ESA of the rescue and return agreement, the declaration of acceptance of the registration convention, an exchange of correspondence with the UN Legal Counsel on the subject of the status of international organizations with regard to the registration convention, the declaration of acceptance of the liability convention.

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