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Published:1998
Author:
  • Wayne N White
Origin:Proceedings, 40th Colloquium on the Law of Outer Space, p.370 (IISL 1998). Published by American Institute of Aeronautics and Astronautics, Inc. with permission. Released to AIAA in all forms. Copyright 1997 by Wayne N White, Jr.
Abstract:

This paper begins with a discussion of the need for a regime of real property rights in outer space. The author then analyzes the non-appropriation and sovereignty language in Article II of the 1967 Outer Space Treaty. In the following sections, the author analyzes the resource appropriation regimes in the Moon Treaty, the Law of the Sea Treaty and in deep sea mining legislation. The paper then discusses the legality of real property rights within and beyond the confines of a space facility. Finally, the paper proposes a regime for real property rights in outer space. This regime would not require nations to establish territorial sovereignty, and is consistent with the provisions and principles of the Outer Space Treaty.

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Keywords:Habitat:Law:Property
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