CYIL Vol. 4, 2013

SOVEREIGNTY AND OWNERSHIP IN RELATION TO OUTER SPACE … private persons in space acted contrary to the Space Treaty, responsibility would be attributed to the state party whose nationals they are. State parties can ensure that their nationals acted in accordance with the Space Treaty by adopting the necessary legislation measures, i.e. laws, and introduces also measures in administration which would lead to observation of these laws. These laws should result in performance and observance of the Space Treaty, possibly other conventional instruments. It is questionable to what extent the domestic statutes enacted so far about activities in space fulfil this requirement. The prohibition of appropriation in relation to outer space and celestial bodies could also be interpreted on the basis of teleological interpretation. The inadmissibility of appropriation by a state can be understood as the prohibition of appropriation according to private law. Otherwise it would be possible that any state or a state controlled legal person could acquire exclusive private rights, 23 i.e. property. That would have a similar consequence as occupation by a state. 4. Legal basis for asserting property rights in outer space States are forbidden to claim their sovereignty in relation to outer space and celestial bodies in the sense of their appropriation. Sovereignty, however, is the basis of private property. Private property arises from and is protected by the framework of sovereignty of a particular state. However, space objects are launched into outer space. The International space station is being built, and future construction of space stations on celestial bodies is expected. Article VIII of the Space Treaty states that ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space. What the legal basis of this ownership, however, is not mentioned. Similarly a question may arise of what the legal basis for ownership of natural resources excavated on celestial bodies will be, or the question of intellectual property rights. State sovereignty cannot be the basis of ownership in outer space. The provision in the second sentence of Article VIII of the Space Treaty is anteceded by the provision about jurisdiction and control. According to this provision, “A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body”. The jurisdiction of the state on whose registry an object launched into outer space is carried can be considered the basis on which to ascertain property . White 24 also deduces that property rights in outer space, including the ownership of real estate, are rather based on jurisdiction than territorial sovereignty, which is in accordance with the provisions of the Space Treaty (Art. VIII). 23 See Bockstiegel, K.H. Kramer, D.M, Polley, I. Patent Protection for the Operation of Telecommunication Satelite Systeme in Outer Space? Zeitschrift fur Luft und Weltraumrecht , 1998, No. 2, p. 167. 24 See White, W. Proposal for a Multilateral Treaty Regarding Jurisdiction and Real Property Rights in Outer Space. 43rd Colloquium on the Law of Outer Space. Rio de Janeiro, 2000, p. 245.