The Fragmentation of Property Rights in the Law of Outer Space

Abstract

Neither customary international law nor existing outer space treaties provide clear answers as to whether property rights can exist in outer space. In this Article, I will argue that under international law, there exists a fragmented system of property rights, namely, a right to use outer space with a limited right of exclusion. This interpretation is supported by an analysis of Roman private law and common law philosophical theories of property. However, I argue that this fragmented system of property rights is insufficient to deal with the problems of scarcity and unequal distribution of technology that arise from the unique context of outer space. Space law, property rights, Roman law, territorial sovereignty, national appropriation