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Concept of Private Property in Space – An Analysis (2007)

Abstract
The1967 Outer Space Treaty specifically states that appropriation of property is not permitted by sovereign nations and the Moon Treaty declares moon and celestial bodies to be the common heritage of all mankind. It is a common notion that the concept of private property is non-existent in view of the existing treaties .There is a growing opinion that recognition of property rights is essential in space activities. It is advocated that for the maximum utilization of the resources in space, which may include both commercial and non-commercial activities, private participation is essential. The paper examines the current position, need and feasibility for private participation and recommends possible mechanisms for the incorporation of property rights in Corpus Juris Spatialis.

Publication details
Download http://www.jiclt.com/index.php/JICLT/article/view/50/36
http://www.doaj.org/doaj?func=openurl&genre=article&issn=19018401&date=2007&volume=2&issue=4&spage=211
Publisher International Association of IT Lawyers
Repository DOAJ-Articles (Sweden)
Keywords outer space treaty, Corpus Juris Spatialis, common heritage concept, moon treaty, doctrine of first possession, property rights, 1968 Agreement on the Rescue of Astronauts