Tournament: ASU | Round: 2 | Opponent: Hamilton MR | Judge: James Chen
My value is justice and my criterion is consistency with the common heritage principle of mankind (CHP for short) – Prefer:
1~ Justice and Morality are not the same – the resolution specifies that we debate the implications of private entities appropriating outer space on justice, and not on morality.
Bierson 21 (Marshall Bierson, pursuing a PhD in philosophy at Florida State University, 2021, accessed on 12-26-2021, Victory Briefs, January/February 2022 LD Brief, pdf)
Justice is different from morality, or more precisely justice is a proper subset of
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their own life, they are not violating the rights of anyone else.
Noyes 11 John E. Noyes (the Roger J. Traynor Professor of Law, California Western School of Law). "The Common Heritage of Mankind: Past, Present, and Future." 40 Denv. J. Int'l L. and Pol'y 447 (2011). JDN. https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=1156andcontext=djilp
The next three features concern the utilization of the area and resources in question.
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creation of appropriate institutional machinery or other cooperative arrangements to implement such governance.
Bickhard 01 (Mark Bickhard, Professor of Cognitive Robotics and the Philosophy of Knowledge, at Lehigh University — interests are in theoretical philosophy and theoretical psychology, 12-9-2001, accessed on 1-7-2022, Lehigh, "The Social Ontology of Persons", https://www.lehigh.edu/~~mhb0/SocOntPersons.pdf)
Ontologically Social Persons An infant is a socially tuned biological creature with marvelous capacity for
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social, which, in turn, is massively an ontology of language.
Arnold 1 Rudolph Preston Arnold (President, International Law Society). "The Common Heritage of Mankind as a Legal Concept." 9 Int'l L. 153 (1975). JDN. https://heinonline.org/HOL/LandingPage?handle=hein.journals/intlyr9anddiv=15andid=andpage=
The common heritage of mankind concept when used in any international document can and should
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common heritage of mankind is an example of one such beneficial legal concept.
1~ CHP rules out private appropriation – there is no legal means to acquire space because it doesn't have a governing body that exercises jurisdiction over it.
Joyner 1 Christopher C. Joyner (Professor of Government and Foreign Service at Georgetown University). Legal Implications of the Concept of the Common Heritage of Mankind. International and Comparative Law Quarterly, 35(01), 190–199. 1986. JDN. https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/abs/legal-implications-of-the-concept-of-the-common-heritage-of-mankind/27C87188CE97BA536F9FE5DD8E048C78
Five principal elements appear to characterize the "common heritage of mankind" notion when
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- legally the entire area would be administered by the international community.7
2~ This is uniquely different from private property on Earth, where governments have the authority to grant property rights to private individuals and entities. Don't buy the argument that "OST is a sovereign governance body over space" because it simply isn't true. The reality is that the OST emphasizes outer space as a public area not able to be owned by any sovereign state or private entity, meaning privatization of outer space runs counter to international law.
van Eijk 20 ~(Cristian, finishing an accelerated BA in Law at the University of Cambridge. He holds a BA cum laude in International Justice and an LLM in Public International Law from Leiden University, and has previously worked at the T.M.C. Asser Institute and the International Commission on Missing Persons.) "Sorry, Elon: Mars is not a legal vacuum – and it's not yours, either," 5/11/20, Völkerrechtsblog, https://voelkerrechtsblog.org/sorry-elon-mars-is-not-a-legal-vacuum-and-its-not-yours-either~~
On October 28th, Elon Musk's company SpaceX published its Terms of Service for the
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the room. It leaves us space lawyers just shouting into the void.
Joyner 2 Christopher C. Joyner (Professor of Government and Foreign Service at Georgetown University). Legal Implications of the Concept of the Common Heritage of Mankind. International and Comparative Law Quarterly, 35(01), 190–199. 1986. JDN. https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/abs/legal-implications-of-the-concept-of-the-common-heritage-of-mankind/27C87188CE97BA536F9FE5DD8E048C78
Important, too, are the legal implications of "heritage" as presented in
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implicit in responsibly supervising the earth's heritage for mankind in the future.35
Oduntan 1 Gbenga Oduntan (Lecturer in Law, Canterbury Christ Church University College, England; Legal Adviser to the Nigerian Government and Member, United Nations Nigerian/Cameroon Mixed Sub-Commission on the Demarcation of the Boundary between Nigeria and Cameroon) Imagine There Are No Possessions: Legal and Moral Basis Of The Common Heritage Principle In Space Law. Manchester Journal of International Economic Law, 2 (1). pp. 30-59. ISSN 1742-3945. 2005. JDN. https://kar.kent.ac.uk/1767/1/Imagine2520There2520are2520No2520Possessions.pdf
Another fine distinction, which has been advanced by proponents of the res nullius principle
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including the celestial bodies, as well as their surface and subsurface.23
Oduntan 2 Gbenga Oduntan (Lecturer in Law, Canterbury Christ Church University College, England; Legal Adviser to the Nigerian Government and Member, United Nations Nigerian/Cameroon Mixed Sub-Commission on the Demarcation of the Boundary between Nigeria and Cameroon) Imagine There Are No Possessions: Legal and Moral Basis Of The Common Heritage Principle In Space Law. Manchester Journal of International Economic Law, 2 (1). pp. 30-59. ISSN 1742-3945. 2005. JDN. https://kar.kent.ac.uk/1767/1/Imagine2520There2520are2520No2520Possessions.pdf
Another way of viewing the scope of application of the CHM principle is to ask
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the laws of the sea or Antarctic law as the case may be.
Arnold 2 Rudolph Preston Arnold (President, International Law Society). "The Common Heritage of Mankind as a Legal Concept." 9 Int'l L. 153 (1975). JDN. https://heinonline.org/HOL/LandingPage?handle=hein.journals/intlyr9anddiv=15andid=andpage=
At the outset, it is necessary to give the phrase, common heritage of
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right to the property held jointly with the other states of the world.