Abstract

BECERRA, Jairo  and  RODRIGUEZ, Julián. The Role of the Private Property Rights in Space Activities. Three Study Cases. Rev. Cient. Gen. José María Córdova [online]. 2016, vol.14, n.17, pp.263-282. ISSN 1900-6586.

Using three study cases, we will show how the private property rights interacts with space activities and it occurs in this area, separated from article 2 of the Outer Space Treaty (OST), which provides the prohibition of claims over space. The sector where the intervening subjects, kinds of property, rights and laws operate will be found in order to clarify that concept. The first case is satellite-broadcasting TV, the second one, the intellectual property rights in the International Space Station (ISS), and the third one, is the case of extraterrestrial material extraction from the Moon and Mars. We intend both to show the difference between real property rights and personal property rights at the space scope and to state questions about the dominium plenum concept, by analyzing the ius utendi or the ius fruendi, and new aspects such as the transformation of space natural resources in goods that can be subjected to appropriation.

Keywords : Space Law; Private Property; Satellite Broadcasting TV; International Space Station; Extraterrestrial Materials.

        · abstract in Spanish | French | Portuguese     · text in Spanish     · Spanish ( pdf )