A review of property rights in outer space from a land management perspective
| DOI | https://doi.org/10.1108/JPPEL-02-2021-0011 |
| Published date | 10 July 2021 |
| Date | 10 July 2021 |
| Pages | 107-121 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Walter Timo de Vries,Urs Hugentobler |
A review of property rights in
outer space from a land
management perspective
Walter Timo de Vries and Urs Hugentobler
Department of Aerospace and Geodesy,
Technical University of Munich, Germany
Abstract
Purpose –In light of the discussions on outer spaceproperty management, this conceptual review paper
aims to discuss and evaluate if, when and under which conditions certain land management and property
right frameworkscan apply to allocate and/or restrict propertyrights in outer space.
Design/methodology/approach –This paper applies a pragmatic review approach which seeks to
better understand if and how the basic tenets of the land management frameworks could better shape and
revise thechallenges in outer space regulations.
Findings –Despite the fact that regulatoryguidelines on outer space rights are existing, the analysis shows
that these lack a number of practical toolsand measures aiming at intervening if stakeholders do not follow
the rules. With the use of landmanagement frameworks, it is possible to derive policy optionsfor making the
outer space management more practical and action-oriented, in particular for the removal of space debris.
These include amongst others more attention for formulating global public restrictions in outer space,
incorporating regulatory guidelines for accessing open space regimes, addressing responsiveness and
robustnessin adherence and compliance to regulations
Research limitations/implications –Given the conceptualand discursive character of the paper, there
are no specific empirical data, yet several recommendations for further research include expanding the
boundarywork between the land management and regulatoryouter space domain.
Practical implications –The insights derived from land management and real estate relatedproperty
theories could potentiallyprovide new starting points for (re)formulating the regulatory framework for outer
space propertydiscourses.
Social implications –Interpreting the outer space regulations from known and practiced land
management perspective helps to bridge the policy–society knowledge and necessity gap on outer space
activities.
Originality/value –The specific land management perspective and discursive analysis on outer space
debris provide new optionsfor devising and extending regulatory guidelines forassigning responsibilities on
outer spacedebris and debris rights, restrictions and responsibilities.
Keywords Property rights, Land management, Outer space, Continuum of land rights,
Responsible land management, Satellite geodesy, Debris
Paper type Conceptual paper
Introduction
The number of near-Earth objectsis space is rapidly increasing. Somma et al. (2019) describe
and model how these numbers are increasing and indicate various reasons. Essentially,
launches, explosions and collisions create new objects. The increase of objects placed into
orbit has increased due to new initiativesby private corporations acting on certain customer
Funding: This research received no external funding.
Review of
property rights
in outer space
107
Received20 February 2021
Revised23 March 2021
Accepted23 April 2021
Journalof Property, Planning and
EnvironmentalLaw
Vol.13 No. 2, 2021
pp. 107-121
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-02-2021-0011
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