Question

Difficulty: Very hardOverall Passage Organization

Please read the following passage.

The 1967 Outer Space Treaty (OST) unequivocally prohibits national appropriation of celestial bodies 'by claim of sovereignty, by means of use or occupation, or by any other means.' However, in recent years, several nations have enacted domestic legislation granting their citizens private property rights over resources extracted from asteroids. This legislative divergence creates a fundamental tension in international jurisprudence, raising questions about whether the extraction of space resources inherently violates the OST's non-appropriation principle.

Many international legal scholars advance a restrictive interpretation, arguing that the non-appropriation principle must logically extend to extracted resources. Their reasoning posits that if a sovereign state cannot legitimately claim territorial jurisdiction over a celestial body, it is categorically incapable of conferring property rights over that body's constituent parts to a private entity. In this view, the very act of licensing and protecting private extraction efforts constitutes a de facto exercise of sovereign jurisdiction, thereby violating the OST.

Conversely, proponents of commercial space extraction rely on an analogy to the international legal framework governing the high seas. Under customary international law, while no state may claim sovereignty over the high seas themselves, the biological and mineral resources harvested from them become the property of the harvester. These advocates argue that this established compartmentalization demonstrates that the acquisition of property rights through extraction does not constitute a prohibited appropriation of the spatial domain itself.

Ultimately, resolving this jurisprudential impasse requires moving beyond terrestrial legal analogies, which fail to capture the unique physical and economic realities of the orbital environment. A durable resolution necessitates the establishment of a new multilateral framework that explicitly decouples resource usufructuary rights from sovereign territorial claims, potentially by instituting a centralized international registry analogous to the International Seabed Authority, thereby preempting unilateral domestic assertions of jurisdiction.

Match each paragraph of the passage to its primary rhetorical function within the author's overall argument.

  • First ParagraphOutlines a jurisdictional paradox resulting from divergent legislative developments at the domestic and international levels.
  • Second ParagraphDelineates a restrictive jurisprudential stance derived from the logical extension of a foundational prohibition.
  • Third ParagraphEmploys a precedent-based analogy to justify the compartmentalization of property rights from territorial sovereignty.
  • Fourth ParagraphRejects existing comparative models in favor of a novel administrative architecture designed to reconcile a central conflict.

Answer

First Paragraph matches the description outlining a jurisdictional paradox; Second Paragraph matches delineating a restrictive jurisprudential stance; Third Paragraph matches employing a precedent-based analogy; Fourth Paragraph matches rejecting comparative models in favor of a novel architecture.
The passage follows a classic LSAT conflict-and-resolution structure. It begins by outlining a legal conflict (jurisdictional paradox). It then explores a strict interpretation of the law (restrictive stance) followed by an opposing view based on historical precedent (precedent-based analogy). Finally, the author concludes that neither existing view is sufficient and proposes a new solution (novel administrative architecture). Matching each paragraph to these abstract descriptions accurately reflects this rhetorical progression.

Step-by-Step Solution

1
Analyze the structural role of the first paragraph.
Identified as establishing the baseline conflict: international treaty versus domestic legislation.
Understanding the passage's premise is essential to mapping the subsequent arguments.
2
Evaluate the rhetorical function of the second paragraph.
Recognized as presenting the first of two opposing viewpoints, specifically a strict interpretation of the non-appropriation principle.
This paragraph sets up the restrictive jurisprudential stance.
3
Determine the purpose of the third paragraph.
Identified as the counterargument, which uses the high seas to justify separating property rights from sovereignty.
This contrasts with the previous paragraph by using a precedent-based analogy.
4
Assess the function of the final paragraph.
Recognized as the author's synthesis and prescriptive conclusion, advocating for a new framework rather than existing analogies.
The author explicitly rejects terrestrial legal analogies and proposes a new multilateral framework.

Key Concept

Identifying the overarching structural sequence and the abstract rhetorical purpose of individual paragraphs within an argumentative passage.
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