problems of regulation of property rights in space, moon and other celestial bodies

Paper number

IAC-15,E3,2,12,x27804

Author

Mr. Milan Mijovic, Space Generation Advisory Council (SGAC), Serbia

Year

2015

Abstract

Having in mind that the property rights, such as ownership right and right of use, are not regulated in detail by Space law legislation, one has to raise a question – can we regulate property rights outside Earth.

My paper shall revisit the basic principles of property law; what is an ownership, how does one acquire it or transfer it to another individual. One of the issues shall relate to a question can we simply copy-paste property laws applicable to Earth into the Space. 

Other theoretical questions will be dealt in my paper, including but not limited to: if the humans cannot have properties in Space, can we claim the Earth? Why would different laws apply on Earth and in Space? Or maybe one should emphasize this difference between „Earth law“ and Space law?

Further on, does one has to redefine the institutes of property law, including, inter alia, division into movables and immovables, having in mind the different conditions on Earth and in Space, such as gravity.

With regard to breathable air being used in Space, can we charge the same, having in mind the respective costs?

Fast development in Space technology, e.g. space mining will ultimately bring this issue to the table. Are we going to be ready or are we to expect a „wild west“ of Cosmos?

Abstract document

IAC-15,E3,2,12,x27804.brief.pdf

Manuscript document

IAC-15,E3,2,12,x27804.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.