Thinking outside the box: A critical analysis on the outer space treaty and the S.P.A.C.E. Act of 2015 for future proposals and use; with a minor discussion on property rights in space
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ID: 286466
2017
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Abstract
According to Outer Space treaty of 1967, States or the signatories of the treaty at least, cannot exercise sovereignty over the celestial bodies nor can any private entity claim ownership over the celestial bodies. It likewise insinuates or says in implies terms that the celestial and lunar bodies are owned in common by mankind. With this in mind, how can a State or private entity legally exploit a lunar or celestial body without violating their treaty obligations? The legality of these actions is what this paper will focus on. It will not delve into the why there should be a treaty in the first place or the need for one. It will likewise not discuss where or what “outer space” is, nor will it tackle statistics or the mechanics on space travel. Strictly speaking, treaty obligations, procedural remedies in case of grievance
or non-compliance with an obligation, and property, private or otherwise, will be discussed and whether there is indeed a breach of treaty obligations, and if such obligations are complied with in good faith. The real issue in this paper is that it will tackle whether there was a breach of a treaty obligation in the Outer Space treaty of 1967; particularly the issue in this paper tackles the S.P.A.C.E. act, this domestic law of the U.S.A. gives or grants the right to U.S. citizens to use/appropriate celestial bodies in Outer Space or in simpler terms it would otherwise allow or permit private entities of the United States to mine and exploit lunar and celestial bodies. The domestic law is said to cover State actions and not private entities, the domestic law that allows exploitation of the minerals on lunar and celestial bodies covers private persons therefore it begs to ask whether this is something done in good-faith or is it a circumvention on its treaty obligations and what may be done in relation to such?
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| Authors | Mendoza, Patrick David U. |
| Journal | Malay Journal |
| Year | 2017 |
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