Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership

ISBN-13: 9789048180752 / Angielski / Miękka / 2010 / 176 str.

Springer

Opis

This work investigates the permissibility and viability of property rights on the - lestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to ?nd an answer to the question "Who owns the Moon?" The ?rst chapter critically analyses and dismantles with legal arguments the issue of sale of extraterrestrial real estate, after having perused some of the trivial claims of celestial bodies ownership. The only consequence these claims have on the plane of space law is to highlight the need for a better regulation of extraterrestrial landed property rights. Next, thebook addresses theapparent silenceofthelawinthe?eldofextraterr- trial landed property, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The sources of law are examined in their dual dimension - that is, the facts that have caused and shaped the law of extraterrestrial real estate, and the norms which express this law. It is found that the norms and rules regarding property rights in the celestial realms are rather limited, failing to de?ne basic concepts such as celestial body.

Recenzje

This book was awarded by The International Academy of Astronautics (IAA) in 2018 with the Social Science Book Award

"Virgiliu Pop, in his contribution to Volume 4 of the Space Regulations Library brings to bear centuries old real property legal theories with the modern day space race. ... Pop's work delves deep into the chasm of one of the most underdeveloped areas of property law ... . Ultimately, Who Owns the Moon! deserves a close inspection by anyone interested in the fascinating interplay between the law and what was once science fiction but may soon be reality." (Chris Kalantzis, Journal of Space Law, Vol. 37 (2), 2011)

Spis treści

Abstract -Table of Contents - Justification. 1 Is The Moon For Sale? 1.1. Introduction 1.2. The Trivial Issue: 'Extraterrestrial Real Estate' 1.3. Arguments for Invalidating the 'Extraterrestrial Real Estate' Claims 1.4 Conclusion 2. The Sources of Landed Property Rights in Outer Space 2.1.Introduction 2.2. Real Property Rights Implications of Space Activities 2.3 The Material Sources Of Landed Property Law In Outer Space 2.4. The Formal Sources of Landed Property Law in Outer Space 2.5 Conclusion 3. The Object of Landed Property Rights in Outer Space 3.1 Introduction 3.2. The Concept of 'Res' in International Space Law 3.3.Territorial Resources vs. Material Resources, Immovables vs. Movables 3.4. The Different Approaches in Defining Celestial Bodies 3.5. Conclusion 4. The Relationship Between Property And Sovereignty In Outer Space 4.1. Introduction 4.2. What Is Property? 4.3. The Impact of the Non-Appropriation Principle Over Property Rights 4.4. Conclusion 5. The Commons Regime: Everybody’s and Nobody’s 5.1. Introduction 5.2. The Extraterrestrial Realms As A Commons 5.3. The Celestial Bodies As Res Communis 5.4. Res Publica and the Public Trust Doctrine 5.5. Arguments For The Commons Paradigm 5.6. Arguments Against The Commons Paradigm 5.7. Conclusion 6. Homesteading the Final Frontier 6.1. Introduction 6.2. The High Frontier Thesis 6.3. Arguments For The Frontier Paradigm 6.4. Arguments Against The Frontier Paradigm 6.5 Conclusion 7. The Common Heritage of Mankind: Reaping Without Sowing 7.1. Introduction 7.2. The Genesis of the CHM Concept 7.3. The Contents of the Common Heritage of Mankind 7.4. Arguments For the Common Heritage of Mankind 7.5. Arguments Against the Common Heritage of Mankind 7.6. Conclusion 8. Property Status of Extraterrestrial Samples and Extracted Resources 8.1. Introduction 8.2. Appropriation of Extraterrestrial Material Under the Outer Space Treaty 8.3. Appropriation of Extraterrestrial Material Under the Moon Agreement 8.4. The Property Regime of Meteorites 8.5. Conclusion 9. Instead of Conclusion 10. Bibliography - Table of Cases

O autorze

Virgiliu Pop is a researcher at the Romanian Space Agency and is one of world's specialists in the area of space property rights. A member of the International Institute of Space Law, Virgiliu has authored several acclaimed papers in the field of space law and policy, and was interviewed by prestigious media outlets as diverse as New Scientist, Space.com/MSNBC, The Space Show, La Tercera (Chile), Ta Nea (Greece), Geo Magazine (Germany) and several publications in his native Romania.

Blurb

This work investigates the permissibility and viability of property rights on the celestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to find an answer to the question "Who owns the Moon?" After critically analyzing and dismantling with legal arguments the trivial issue of sale of extraterrestrial real estate, the book addresses the apparent silence of the law in the field of landed property in outer space, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The legal status of asteroids and the relationship between appropriation under international law and civil law appropriation are duly examined, as well as different property patterns – such as the commons regime, the Common Heritage of the Mankind, and the Frontier paradigm.

Virgiliu Pop is one of world's specialists in the area of space property rights. A member of the International Institute of Space Law, Virgiliu has authored several acclaimed papers in the field of space law and policy, and was interviewed by prestigious media outlets as diverse as New Scientist, Space.com/MSNBC, The Space Show, La Tercera (Chile), Ta Nea (Greece), Geo Magazine (Germany) and several publications in his native Romania.