Mars Colonization and related aspects-

The advent of space access has taken the human society far beyond imagination. The Moon and
celestial bodies, which found their place in stories as instruments of interest on account of their
inaccessibility have now turned accessible and to say merely accessible would be an
understatement since Mars is probably the new colony of human civilization since Mars One
hopes to establish a human colony on the Red Planet by 2025. This news, spread almost like
forest fire, has possibilities of becoming controversial in many aspects, including issue of Fatwa
by the General Authority of Islamic Affairs and Endowment (GAIAE) in the UAE
1
and moral
and ethical issues of commercial exploitation of Space. Apart from these patent aspects, there
are certain issues which have yet not erupted but have great possibilities of clash and one of such
is the probable clash between the International Space Law and the Intellectual Property Law
where one envisages complete transparency and disclosure and the other provides legal
protection to ones intellectual property.
The very pillar or edifice of the Space law is any and every space activity must be carried out for
the benefit of and in the interest of all nations of the world. The text of the Outer Space Treaty
brings forth this idea. The Outer Space Treaty, in its Article I, Paragraph 1, declares that,
The exploration and use of outer space, including the Moon and other celestial bodies, shall be
carried out for the benefit and in the interests of all countries, irrespective of their degree of
economic or scientific development.
Normally the states parties to convention or treaty are bound to respect the rights of the other
states party to the treaty but the significance of the provision has increased manifold since the
International Court of Justice(ICJ) has recently accorded recognition to the obligations under
certain Treaties that are of fundamental and broad nature and the Outer Space Treaty is
certainly one of them that are incumbent upon States towards the international community as
a whole (obligations erga omnes).
2
The principle of global public interest in outer space has

1
Muslim leaders issue a fatwa against anyone living on MARS as there is 'no righteous reason' to be
there; 19 February 2014; http://www.dailymail.co.uk/news/article-2562957/Muslim-leaders-issue-fatwa-against-
living-MARS-no-righteous-reason-there.html#ixzz2xdAQyR7A
2
International Court of Justice, Case Concerning the Barcelona Traction, Light and Power Company, Limited
guaranteed an equal right of access to outer space for all States without discrimination of any
kind which also implies that exploration and use of outer space must be in some way beneficial
to the whole of mankind and in the maintenance of international peace and security. The
Unilateral approaches, pursued in ones exclusive interests in the exploration and use of outer
space without regard to the interests of other States and of the whole of mankind are contrary to
the global public interest in outer space.
3




(Second Phase), Judgment of 5 February 1970, 1970 ICJ Reports 3
3
Refer Ram Jakhu Legal Issues Relating to the Global Public Interest in Outer Space October 2005.