A Model Treaty for Establishing Property Rights in Space

 

A Model Treaty for Establishing Property Rights in Space

The State Parties,

Inspired, by the great prospects opening up before mankind as a result of mankind’s entry into outer space,

Recognizing, the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,

Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 1967, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 1968, the Convention on International Liability for Damage Caused by Space Objects of 1972, and the Convention on Registration of Objects Launched into Outer Space of 1976,

Acknowledging, that the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 has failed to gain the assent necessary to be the custom of nations,

Recognizing, that property in land is a universal aspect of settled societies and that sovereignty arises from the self determination of peoples,

Have agreed on the following,

Article I

That all signatories of the Outer Space Treaty of 1967 have renounced national appropriation of land off the surface off the earth, but shall act to insure the peaceful and orderly settlement of space.

Article II

That natural persons and commercial entities may claim any minor planet who’s largest dimension is 500 meters or less or on larger bodies a territory with a radius of less than 500 meters as their allodium by registering their claim on the public registers described below and occupying and making use of such land. That natural persons can hold only one such claim at a time and commercial entities may only hold 3 such claims at a time.

Article III

That bodies politic formed for the purpose by more than 10,000 people may claim any minor planet who’s largest dimension is no more than 200 kilometers or less, or on larger bodies including the major planets, other than earth, a territory with a radius of less than 200 kilometers as their sovereign territory by registering their claim on the public registers described below and occupying and making use of such land. Such claims are one per such body politic.

Article IV

Existing states, not signatories to the Outer Space Treaty, may make one claim on the same terms as in Article 3 and may with the consent of the person or commercial entity in question, claim sovereignty over the claims of their citizens or commercial entities.

Article V

The permanent members of the Security Council as well as: Federative Republic of Brazil, the Republic of India, the State of Japan, and the European Union shall all maintain a public register in which those able to claim celestial objects under this treaty may put all others on notice of their intention to claim all or part of a celestial object in accordance with Articles 2, 3 or 4 of this treaty.

Article VI

That when a person, commercial entity, body politic or existing state registers a claim on the public register aforementioned, they shall have two years plus the time necessary to reach the place claimed to occupy and make use of such land, after which time if they have not done so the claim shall lapse. However, it the means do not yet exist for them to reach the place claimed, they have two years to show that they have obtained such means and begun to journey there or the claim shall lapse.

Article VII

That the state parties shall defend the claims made under this treaty as follows. Before their courts, all claims of property right or sovereignty in violation of a claim made under this treaty shall be void. No goods produced from the materials of or made on the surface of such celestial object or part thereof in violation of a claim made under this treaty shall be admitted into their country in trade or otherwise.

Article VIII

A commercial entity shall for the purposes of the treaty by a corporation or partnership and any of its subsidiaries or agents. While such entities shall not hold more than 3 claims concurrently as aforesaid, they may hold fractional portions of more than 3 claims in so long as the total does not add up to more than 3 whole claims. Nor shall a claim sold to bona fide purchaser for value be counted as a claim, unless the seller maintains a partial ownership in which case it shall be dealt with as aforesaid.

 

In witness where of the undersigned plenipotentiaries, being duly authorized, have signed this convention.

Done, at the city of New York, the _ day of _ 20xx in a single copy in the Arabic, Chinese, English, French, Russian and Spanish languages, the six texts being equally authentic.