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The purpose of this research is to provide a comprehensive international legal analysis of the concept of common heritage of mankind as it exists in international space law. In this article scientific methodological approach was used which facilitate determination the whole canvas of the research, identify the main aspects and concepts of the study. The author also widely investigated the concept of common heritage of mankind in the practice of States and international organizations and bodies. Since mankind succeeded to access outer space and opened the window of this infinite realm, the effort was made to systematize spatial activities by codification and adoption numerous international treaties and declarations. One of the significant result of these efforts was the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies that adopted by the United Nations Committee on the Peaceful Uses of Outer Space by consensus on 5 December 1979, declares the Moon and other celestial bodies to be the common heritage of mankind. This Agreement has never been ratified by any State that engaged in self-launched manned space exploration or has plans to do so and thus has an insignificant effect on spatial activities. This article analysis the concept of common heritage of mankind that consists of five elements: non-appropriation, international management of resources, sharing of financial and technological benefits, reservation for peaceful purposes and reservation for further generations. It is shown that the Moon Agreement applying the concept of common heritage of mankind to outer space, Moon and other celestial bodies which has been presented by developing countries to preserve essential resources, always been associated with some problems. Also, on the one hand, there is an attempt to scrutinize these obstacles that prevent applying this concept by paying attention to its challenges. On the other hand, author presents some solutions to strengthen this concept in outer space legal system and motivate space powers to join the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.

Introduction. The objective is to analyze the provisions of the Advisory Opinion of February 1, 2011 by the International Tribunal for the Sea Law identifying components of the concept of common heritage of mankind. The authors also broadly investigated the concept of common heritage of mankind in the practice of States and international organizations. Methods. The article used scientific methods which make it easier to identify the main aspects and notions of the study. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the generalization and system-structural method and practiced special methods of science such as legal and technical, historical and forecasting methods. The article has investigated the position of common heritage concept in the advisory opinion delivered by the Chamber, the views of State parties as well as the international organizations and United Nations bodies associated with Law of the Sea and assessed the practical aspects of this concept in the approaches of international law actors. Scientific novelty of the proposed approach to the study is that it comprehensively has reviewed the positions of States, international organizations and bodies, as well as provisions of the advisory opinion in connection with the separation of the elements of the common heritage of mankind concept. At the beginning the concept of common heritage of mankind was largely theoretically analyzed, but as used in the framework of this article the enforcement approach allowed us to identify new elements in this concept. Results of the research can be used in the further theoretical developments in the field of international maritime law and the law of international responsibility.

Background/Objectives: since the geostationary orbit, is a limited resource located in the outer space, it seems necessary to regulate its use in order to avoid conflicts. In this article, the concept of common heritage of mankind will be examined as an instrument to address questions related to the fair use of this natural resource by developing and developed countries. Methods: the author used scientific methodological approach which facilitates determining the whole canvas of the research, identifying the main aspects and concepts of the study. The research used scientific methods of cognition, i.e. analysis, dialectics and synthesis, the method of generalization and system-structural method. Results: in this article, the author examines the concept of common heritage of mankind and its principles in the field of the geostationary orbit and presents a functional model to administer its affairs. Applications/Improvements: by declaring the geostationary orbit as common heritage of mankind, it would be possible to use them as an instrument to filling the gap between developing and developed countries concerning use of the orbit.