But then, just as the desired object comes finally within reach, just as the notion of property seems reassuringly three-dimensional, the phantom figure dances away through our fingers and dissolves into a formless void.
Far from being a monolithic construct, property is in fact a bundle of rights. It is, therefore, as flawed to discuss about whether private property rights exist in outer space as it is attempting to catch a school of fish with a hook.
Land ownership is a multi-dimensional concept. As seen supra, law is not a static phenomenon. The concept of property rights - as many legal relationships - has changed over time due to the transformations in the society, and the bundle of rights attached to land ownership is different today from what it was a decade ago Acland, , p. Property is, therefore, a variable concept. This is very much in line with the meaning attached to property by Kevin Gray , p.
A lex ferenda proposal advanced by Carlos Betancourt , p. The first part of the above norm would outlaw the appropriation of the Moon by any international intergovernmental organisation — be it the United Nations. Nonetheless, the prohibition is circumvented by not impeding upon the international regime envisaged in Article De lege lata, no such regime has yet been set up, nor have the United Nations or a different global organization formally establish sovereignty on the Moon.
Wayne White , footnote at p. As the public trustee of the Moon and other celestial bodies, the UN would manage the extraterrestrial realms and, in the view of the active character of the trust, could privatize the extraterrestrial realms and could protect the landed property rights thereon.
This tender is however unlikely, given the historical and ideological evolution of the UN. In the same time, a sovereignty vested in the United Nations would transcend its current powers, transforming it into a world government.
As the Outer Space Treaty prohibits the national appropriation of outer space and celestial bodies, a State endorsement would be interpreted as a means of national appropriation - hence it would be unlawful de lege lata. An assumption of sovereignty by the United Nations would also be unlawful, transcending its powers assigned by the UN Charter. I own a flower that I water every day. I own three volcanoes that I clean every week … The fact that I own them, is useful to [them].
This norm effectively establishes among the States Parties an open access and free use regime on the Moon, making it a public good whose owner is everybody and nobody. Several other tenets of the Outer Space Treaty confirm and elaborate the above regime. A few paragraphs later II. While the number of public goods has increased over the centuries, the confusion between everybody and nobody has been perpetuated. Andrzej Kaczmarczyk , p. The category of goods above is known under different names: open-access resources, common goods, public property, public spaces, the commons, etc.
As explained by Hoffstadt , p. These commodities are neither bought or sold, they are used by whoever needs to use them. The commons regime is not monolitichal; the freedom of access varies from absolute to limited.
On the right, it is bordered by res nullius — goods that belong to no-one and can be privately appropriated. As explained by L. E Goldie quoted in Hoffstadt, , p. A stricter approach is the res publica, whereby the common property is centrally enclosed and cannot be used without permission from the community. On the left, it is bordered by the Common Heritage of Mankind regime, or the res communis humanitatis, whereby users have to share with the community the benefits accrued from the use of the commons.
In the extraterrestrial realms, there are several regimes based on the commons paradigm. The most lenient form of res communis, as applied by most actors to the celestial realms and most of outer space, contains nonetheless several regulations and is not strictly an open access regime. According to Article I of the OST, the freedom of exploration and use of the extraterrestrial realms pertains to States.
Article VI of the OST requires non-governmental entities to obtain authorization from the appropriate State Party in order to carry out activities in the extraterrestrial realms, and to consent to being continually supervised by same. States bear international responsibility for national activities carried out in outer space and on the celestial bodies, whether these are performed by governmental entities or by private enterprise.
The regime is therefore a hybrid of res communis — at international level — and res publica at municipal level, given the need for a nationally issued license. As such, they are open for use by all States, with no discrimination whatsoever, on a basis of equality. Other provisions in the OST confirm the res communis regime and elaborate it. Many open access regimes are self- regulatory, and where the text of the law is silent, custom is bound to develop.
Supreme Court in Geer v. This community was not a positive community of interest, like that which exists between several persons who have the ownership of a thing in which each have their particular portion.
While private appropriation of the extraterrestrial realms may not exist on its fullness under a res communis regime, some of its elements are permitted. Res communis is built around jus utendi yet forbids jus abutendi. As to jus fruendi — i. Article IX of the OST requires the State Parties to use the principle of co- operation and mutual assistance as a guide in the exploration and use of the outer space and celestial bodies.
The Outer Space Treaty elaborates, up to a certain degree, the mechanism for accommodating the interests of the other members of the public. Yet David S. Myers , p. Such use needs to be promptly notified to the UN General Secretary or the State Party concerned, according to the same legal norm. This is a considerate provision, which puts human life above property. Ryszard Hara , pp. Stephen E. Doyle , p. These open dwelling shelters for temporary accommodation can be found along backpacking routes and in wilderness areas, and are available for anyone to use at no charge.
Admitting that the UN was created mainly with the aim of serving Member States, Annan deemed that the Organization expresses also the highest aspirations of humans around the world to achieve a just world order. Through the collective trusteeship concept, the United Nations Secretary-General sanctioned the municipal history of the Public Trust Doctrine and extrapolated it in the international context. Constitution Art.
Both civil and criminal laws shall be made The Metanation was viewed by its promoters as able to solve the issue of ownership of space resources, by defining and registering benefit shared resources. A system of private property will result in outer space, albeit subject to rules of equitable estates and other restrictions.
No fee titles are anticipated but the equitable estates may be adequate for commercial uses, at least among users of equal status in the venue. VII Section 2. As such, it is accepted by most of the actor on the space scene. As recognized by Andrzej Gorbiel , p. Patricia Sterns and Leslie Tennen , p. As practical examples, they give logging rights, offshore oil platforms, and grazing leases on public lands.
It is the value of the improvement only, and not the earth itself, that is individual property As men did not make outer space either, the argument carries on into the extraterrestrial realms. Whereas authors of conservative and libertarian persuasion would like to see a privatization of the extraterrestrial realm, there are voices on the left that call for sharing what has been extracted from the common pool.
Extraterrestrial real estate refers to claims of land ownership on other planets, natural satellites, or parts of space by certain organizations or individuals.
Previous claims are not recognized by any authority, and have no legal standing. While personal claims have little weight, whole countries could potentially lay claim to colonizing certain bodies. Extraterrestrial Real Estate not only deals with the legal standpoints of potential colonization, but how it could be feasible for long-term real estate. There are multiple factors to consider in using another planet for real estate including how to create a real estate market, transportation, planetary protection, astrobiology, sustainability, and the orbital real estate of the planet, as well.
He received an official document asserting his ownership, and urban legend held falsely that Richard Nixon was forced to approach Gajardo for permission for the Apollo 11 astronauts to land on the Moon. Gajardo reportedly left the Moon to the people of Chile when he died in In , two years after Gajardo first made his claim, former Hayden Planetarium director Robert Coles started the Interplanetary Development Corporation , a lunar real estate company, which sold parcels of the Moon for a dollar.
As a justification, he said that nobody had yet come forward to claim that land which by this point was clearly false. Most buyers seemed to be in on the joke. One Swiss customer said he was planning to build a Swiss cheese factory on the Moon; another man said that his purchase of five acres was contingent on the land being flat enough to park his car.
This is what can be said about the lawfulness of extraterrestrial real estate. Written by a specialist in the field Investigates the permissibility and viability of property rights on the celestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership.
Is the Moon for Sale? Pages Homesteading the Final Frontier. Back Matter Pages
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