Solution – Agreement on Implementation

Proposed solution: To bring the 1979 Moon Agreement in line with commercial interest through An “Agreement on implementation” modifying Article 11 such that the prohibition of property and the inclusion of “Natural Persons” does not apply.

A precedent for alteration of a United Nations Treaty governing territory situated beyond national borders can be referenced in the 1994 Agreement on implementation of Part XI of the Third U.N. Convention on the Law of the Sea (UNCLOS). It essentially allows a ‘reset’ button for the treaty.

The “Agreement on Implementation” approach has been successfully utilized to facilitate ratification of ONE U.N. Treaty governing territory beyond national borders (under the “Common Heritage” principle) in which Part XI was the center of controversy. Why not use the same approach to facilitate ratification of THE OTHER U.N Treaty applying the “Common Heritage” framework to territory beyond national borders (In which Article XI is the problem)

By undertaking efforts to modify Article XI, Paragraph 3 of the Moon Agreement such that the prohibition of property rights and inclusion of Natural Persons are not included, it could entice more nations to become party to the Agreement.