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An Exploratory Study To Analyze The Problem Of Outer Space Property Rights




Yash Jain, School of Law, Christ University, Bengaluru

ABSTRACT

The Space war between USA and USSR led the humanity to believe in the unbelievable. After the putting a man on space and then on the moon, scientists have been looking for ways to set up colonies, set up mining facilities and to make commercial uses of the extra-terrestrial properties. The main obstacle in the way apart from the scientific developments is the legal development of space jurisprudence. The Outer Space Treaty has the current legal authority over the space jurisdiction. And The Outer Space Treaty prohibits the commercialization by prohibiting ‘appropriation’ of space property. Apart from the preceding problem outer space treaty also fails to bind the signatories, just like other international legislations. The Author, therefore, looks to provide an alternative legislation which will be able to replace the Treaty as the Supreme legislation. And the Legislation will also be able to overcome other shortcomings like lack of Sovereignty and prohibition of commercialization.

Keywords: Space War, Space Property, Outer Space Treaty, Sovereignty, Commercialization.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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