Outer Space as Private Property and Theater of War?

  • Filho J
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Abstract

This article discusses two contemporary trends strongly related pressing in growing scale the global space political game for the establishment in outer space and celestial bodies of the right to private property and for the installation of weapons in outer space. These trends are not only supported by space powers, but also and in particular by some large private corporations, involved in the high military industry, as well as in the exploitation of space natural resources, mainly precious minerals from the Moon and asteroids. The article tries to demonstrate that so far there is no international legal basis for the recognition of the right to private property in outer space and celestial bodies. Quite the contrary, the Article II of Outer Space Treaty is very clear in rejecting any kind of appropriation in outer space and also in celestial bodies. The author defends an international regime for the exploitation of space natural resources, beneficial for the development of all countries, and criticizes the installation of weapons in Earth orbits which can transform the outer space into theater of war and tease immeasurable dangers for our already so threatened planet and its inhabitants.

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Filho, J. M. (2016). Outer Space as Private Property and Theater of War? In Private Law, Public Law, Metalaw and Public Policy in Space (pp. 123–144). Springer International Publishing. https://doi.org/10.1007/978-3-319-27087-6_7

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