Situating real estate law for the new outer-space economy
| DOI | https://doi.org/10.1108/JPPEL-02-2021-0010 |
| Published date | 03 August 2021 |
| Date | 03 August 2021 |
| Pages | 152-164 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Rebecca Leshinsky |
Situating real estate law for the
new outer-space economy
Rebecca Leshinsky
School of Property, Construction and Project Management,
RMIT University, Melbourne, Australia
Abstract
Purpose –With current commercial space activities accelerating, the purpose of this paper is to
contexualiseenlivening the discipline of real estate law for outer space.
Design/methodology/approach –Drawing on essential topics in real estate law, contracts and
insurance,this paper discusses these themes in their terrestrialand extra-terrestrial contexts.
Findings –Real estate law for the outer space environment carriesmany similarities to real estate law but
also significant differences.At this early stage in human space exploration and travel, thereis a need to deal
more with goods/chattels(property assets); however, this willchange as land –the Moon, asteroids, planets –
are made available for mining and otheractivities. Given outer space activities carry high risk for spacecraft
and humans,there are reciprocal lessons for real estatelaw and practice.
Practical implications –Real estate law for outer space is an area already in existence. However, as
access to space developsfurther, particularly with inevitablehuman presence on the Moon and exploration to
Mars, real estatelaw will also grow in importance and sophistication.Real estate law for outer space relies on
contract and propertylaw. These are levers for commercial activities, and a further array of complex law and
governance–the Outer Space Treaties, international and national law, internationalcustom, guidelines, codes
and standards. Realestate law for space will require an interdisciplinary and global approachin an era where
human needs are already reliant on goods and services derived from space, as well as in the quest for
explorationbeyond the earth and the moon itself.
Originality/value –The time is ripe for space law to be taken into nuanced areas, with real estate law
being an important step. Entrenchedinto the combined real estate and outer space disciplinary contextmust
be considerationof the environment (earth and beyond), sustainability,heritage protection issues, etc., as well
as ensuringouter space has equitable opportunitiesfor all nations and citizens.
Keywords Law, Economy, Outer, Space, Real, Estate
Paper type General review
“We cannot solve our problems with the same thinking we used when we created them.”
Albert Einstein
Introduction
The economy (re)blasted into space in 2020 (UNOOSA, 2021). It was in fact last century, or
even hundreds of years ago,that space became more popular, with artists painting romantic
depictions of the stars, moonand planets. In 1957, in a bold move which stirred up the world,
the satellite Sputnik was launched into orbit by the soviet space agency, sparking
remarkable opportunity for science, economics and politics to move beyond the earth’s
atmosphere. This significant scientific event had global impact and sparked the space race
between the USA and the USSR, which continued until the end of the cold war in 1991
(Cornec, 2019). The space race itself created huge technological progress, as well as outer
space discoveries. The space race was also a pretext for the USA and the USSR to improve
their military technologyand show their might universally (Cornec, 2019). In 1991 the USSR
JPPEL
13,2
152
Received20 February 2021
Revised19 April 2021
6 May2021
7 May2021
Accepted7 May 2021
Journalof Property, Planning and
EnvironmentalLaw
Vol.13 No. 2, 2021
pp. 152-164
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-02-2021-0010
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