I would differ. I see both treaties as a very establishing important principles for space development. Terrestrial national territorial sovereignty should not and must not be exported off the earth. The history of the imperialism in Asia, Africa and Asia shows the wisdom of this, as does on a smaller scale, the 19th century tragedy of the commons.<br /><br />There is ample precedent to this. On earth the open seas are free to everyone. This has not precluded their use in commerce, science, or warfare. All territorial claims in the Antarctic are in abeyance, this was not precluded commerce in the form of tourism and fisheries, or extensive science. No nation can lay claim to earth orbit, even when spacecraft. But communications, navigation, and earth observation satellites are big business.<br /><br />As I understand in, the prohibition of territorial claims beyond the earth does not preclude either development of resources or ownership of infrastructure. For example in Antarctic treaty, while suspending territorial claims did not mean that Antarctic resources could not be developed. Indeed, prior to its proclomation as a world park, which halted such plans, negotiations were well advanced for a framework for mineral and petroleum exploration in the Antarctic. In the same way, freedom of the seas and open skys does not mean that nations and corporations do not exercise contol over ships or spacecraft, or mean they have no rights of redress against those who interfere with them.<br /><br />Of course legal systems are but the reflections of principles expressed in accordance with the needs and aspirations of the times. They continually evolve as well. Freedom of the seas means a very different thing now to what it meant in the 1950's - or the 1850's and 1650's for that matter.<br /><br />Jon<br /><br /> <div class="Discussion_UserSignature"> <p><em>Whether we become a multi-planet species with unlimited horizons, or are forever confined to Earth will be decided in the twenty-first century amid the vast plains, rugged canyons and lofty mountains of Mars</em> Arthur Clarke</p> </div>