A CRITICAL ANALYSIS ON THE CONCEPT OF PRIVATE PROPERTY IN SPACE

MAGIZHINI M,

The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law

INTRODUCTION

Space is limitless in its extent and boundaries are not vested with any particular country of the world. Property remains one of the most crucial concepts with so many controversies surrounding it. However, due to the outdone capacity of the property, they are being exploited focusing on their economic benefits. Now, this has extended its wings to outer space and celestial bodies, which requires further exploration on its very base. Everyone wants to acquire property, and many quote it their dream to own one. It has been a trend in the growing opinion where many have voted for the made-to-be availability of outer space areas for commercial and non-commercial purposes.

The study's central idea was to analyse whether allowing private individuals to have authority over celestial and outer space areas would be feasible, having threats to the world and society. Accessibility and feasibility are the concerns in their primary form. But this includes many complications caused by international treaties, conventions, and laws profusely made in its emerging exploration. The command of private sovereignty on public holdings, the analysis extends its scope towards the permissibility of such having held the considerations of international space law (Outer Space Treaty, 1967), which explicitly established space as a “province of mankind”. There persists a sight of ambiguity, and contradiction in the national and the international law which the study resorts to explore.

Commercially, it is the resources that attract the countries, whose claimed rights over these would vest them with the rights to the resources too. Commercialization has led to a rise in the scope, towards a large range of investors tracking the process to earn more. In addition, the study analyses the shift and the probable ethical concerns that would arise towards fair use of the resources and the need for wider strategic regulations to avoid the happening of mishaps.

WHY SO MUCH INTEREST IN THE OUTER SPACE?

When some parts of the explorations remain to be unexplored it causes deep thoughts in the minds of the people to go through the things which were never before. It would have been the lack of technology and skills in the past that would have restricted the men from reaching out to the unknown. However, due to a severe leap in technological inventions and the growing knowledge and specification in the field of space and exploration, the nations are in a race to find out the unclaimed and make their name on the exploration. This has not remained to be any easier task because the exploration demands huge capital, knowledge, technological accessibility, and support from the geo-political construction of the country.

Only a limited number of countries have made their foot in the field, with many desperately trying to hold one. Not the majority of it has been successful, however, the thirst is because those who find it may have a huge chance of turning the dominator in the community of the ‘space-faring’ counties. Though the world does not accept any particular nation to be sovereign over outer space, it is through these dominative activities they make their presence.

Soon after the end of World War II, which had shown its supremacy in the world and turned out to be disastrous. The cause of the War was to show supremacy on land. A decade later, the real race began with the world supremacies, the United States and the Soviet Union. In 1927, the Soviet Union launched Sputnik, which was recognized to be the prima invention in the field of space exploration, and then the United Nations Committee on the Peaceful Uses of Outer Space was formed to regulate the unprecedented regulated realm of knowledge.

EXISTENCE OF THE PRIVATE PROPERTY RIGHTS

With the outbreak of development in space laws and the upsightful growth, conventions, and treaties were joined in to regulate and monitor the activities. The concept of private property is sought to be non-existent in consideration shown towards the exploration of space, in the light of the Outer Space Treaty. This has been an initial opinion however this has shown a major turn-point that encourages the accessibility towards private property rights. The reason projected in compliance with the converged opinion was that the entry of private property rights would provide an opportunity for proper, and unrestricted usage for the utilization of the resources which are existent in the space.

Clause 4 of the Declaration on International Cooperation on Exploration and Use of Outer Space, made it that, on the pretext of the many countries who are by the existent status are developing countries, with authoritative cooperation rendered towards them. When this has been assured against, it provides the authority to the State to choose, when some clean fuel/ any such of need has been discovered on the moon, on celestial bodies, or in outer space, which would replace the available pollutant materials and resources in the earth, the extraction of which can be done by the private enterprises. But does not provide any authority in the entirety over to the private enterprises, but just provides an opportunity for the delegated functions by the States to be done by private enterprises.

The Corpus Juris Spatialis is a distinct body that has a combination of treaties governing the space laws as a whole which include the restrictive authority to hold ownership and the prevalent property rights on the moon, other celestial bodies, and other parts. The launch of the Satellite Sputnik on the moon resulted in the waves being sent to the United States, this created a vibrant fear in the mind of the United States about whether the Soviet Union would claim a major stake in the claim of property on the moon. Soon, both these dominant powers of the world, started to establish space stations, which made fear among all other countries of the world. This fear pressured countries to pressure the United Nations to create treaties and Conventions that would bind all the nations, with the prime objective of refraining from and restricting countries from claiming outer space. The threat posed by private ownership is much greater than one would think it to be. It is these conventions and treaties which lead to the restoration of non-domination in outer space.

THE INCIDENCE OF TREATIES AND CONVENTIONS

In the year 1959, the United Nations General Assembly formed the Committee on the Peaceful Uses of Outer Space, to uphold on satisfy the needs of forming many different regulatory forces in society. The first one in this regard, which served as the comprehensive instrument for the formation of many different conventions that followed up was the Outer Space Treaty, of 1967, the main aim was that “space exploration would be beneficial to anyone particular nation in specific but it should serve the interests of all the countries of the world irrespective of them being developed, developing, under-developed, or the space-gearing or a non-space-gearing country”. It upheld the peace and cooperation between the countries to be the main motto, with a supplementary clause supporting the stand.

The Agreement on Resue of Astronauts in 1968, focused on the support services and assistance to be provided to the astronauts sent into space and also to the Objects sent along with them. The Convention on International Liability for Damage Caused by Space Objects, which was commonly known as the Liability Convention was the most prominent one formed following the Outer Space Treaty, this laid the guards and holds on international organizations, space institutions, and other related machinery to be held liable towards the materials/Objects that are launched in the outer space and the discharged damages to the society and the environment.

The agreement governing the Activities of States on the Moon and Other Celestial Bodies, profoundly called the Moon Agreement became operative with two main objects, one of which was a bigfoot in the property regimentation, which put a restraint on the usage of moon to be put against military uses and create a juridical regime over it.

The Outer Space Treaty, 1967, and The Moon Agreement, 1979 remain the primary regulatory force with the Convention on International Liability for Damage Caused by Space Objects, 1972, pressing liability on the organizations to make them liable and under force for the discharge and the pollutant caused by them in the space and the spheres of the world.

COMMON HOLDING TO COMMERCIAL HOLDINGS – FROM PEACE TO RACE

The Conventions and the Treaties would not behold the same in practice and the reality seeking of the pace of the competition and development of the countries. One wants to be powerful and stronger than the other. Everything to be regarded with intentional zones, common holding, and no sovereignty can pertain above all. It is a competitive society in which the countries with the optimum utilization of their technology and the imminent individual sources have the power and wealth to obstruct the treaties not so directly but as a water line trespass, which cannot be identified as easily but has been the truth so done.

A blanket ban is sought to be applied to the countries on the restriction towards the usage of the resources from space, but so established space stations and treaties have allowed the usage of such in a restricted manner but towards the benefits and interests of all the nations. On the corollary, if someone has been provided an opportunity to utilize it, and they were not in-bound to do so, why can’t those abled by such utilize them? In proving the elites in manner, it has been evident that the space is also possessory among those who can, and sooner private property rights would be granted to individuals who might comply with the international laws and conventions.

In the commercial sense, though it can be sought that the grant of private rights would offer better utilization of resources, in parallel, it leads to the degradation of the celestial bodies, which in turn damages the environment and ecology of the earth. Pollution to the space environment is frivolous and disastrous. All the principles of property of the community, common heritage, and the absence of sovereign power over the space would be debarred and come to an end by the introduction of the concept of proprietary rights in space. As with any such convention or a treaty the non-members would not follow up until they ratify. This on a contextual basis, leads to environmental, geographical, and political concerns in the world society.

CONCLUSION

All the day-old principles started to evaporate, everything became commercial and competitive. Nothing is for the society or by the society as a whole. The limitless become restricted some to be privatized, all with the primary focus on commercial and economic benefits for a particular set of people. Nothing would now remain to be the property of mankind, and the first come they own the first right. Those who can reach it can make it, and by making it, it shall vest them with the possessory right. Everything has become accessible and viable, but only for some, thus the views towards the private right on the property of space shall be diplomatic as by limited chances can only remain to be non-dangerous, but to a large percentage it is inherently dangerous.

REFERENCES

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