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Papers & Publications : Habitat : Law : Property

Subtopics:

Lunar

Real Property Rights in Outer Space

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 .
References:	Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space Including the Moon and Other Celestial Bodies Agreement Governing the Activities of States on the Moon and Other Celestial Bodies The Common Heritage of Mankind Provision in the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies Law of Outer Space Summarized Draft Resolution of the International Institute of Space Law Concerning the Legal Status of Celestial Bodies Interpreting Article II of the Outer Space Treaty Let's Claim the Moon -- Now! Legal Controls for Outer Space Application of General International Law in Outer Space The Law in Outer Space The Concept of State Jurisdiction in International Space Law
Referred to by:	Lunarr Real Estate: Buyer, Beware! Lunar Real Estate: Buyer, Beware!

Related Entries:	Moon Agreement Outer Space Treaty S Gorove Katzenbach Implications of a Proposal for Real Property Rights in Outer Space The Legal Regime for Private Activities in Outer Space Proposal for a Multilateral Treaty Regarding Jurisdiction and Real Property Rights in Outer Space
Keywords:	Habitat:Law:Property

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