2017년 1월 23일 월요일

Real estate out of the earth

Real estate out of the earth

The moon which I observed from the earth. A person insisting on possibility of the private possession of the month exists.

The real estate (ちきゅうがいのふどうさん) out of the earth is part of the land of a planet except the earth sold by a certain organization or individual or the satellite or the space.

About the proprietary rights of the real estate out of the earth, I am not recognized by any authority (an international organization or government office). However, I declare, for example, the proprietary rights of the heavenly bodies such as the moon without permission among them, and an individual and the organization which "sell" the proprietary rights certificate such as "a transfer of the land of the month" and "a transfer of the Martian land" for smartness, and do it exist. These "transfers" have no legal position.

Table of contents

History

The topic about the real estate of other heavenly bodies exists from the 1890s. Then when public movement came up, during several decades, I disappeared, and an idea to become in 1936, and to deserve attention was recognized in an outcome, the world. Dean Lindsay insisted on proprietary rights of all real estate out of the earth on June 15, 1936 and remitted money to get a transfer and proprietary rights from a notary public of Pittsburgh with a letter. The notary public offered a purchase to him [1].

Legal problem

According to the Open Space Treaty which took effect in 1967, in the outer space, as for the claim of the sovereignty by any nation which is "areas of activity recognized by all humankind" [2], is not admitted [2]; [3]. The treaty is applied to the nation, and the nation is assigned to duty. And a reference is not done about the individual because the thing which is going to go to the outer space practically was only a nation at the making stage of the treaty. 98 countries ratify the Open Space Treaty [4], and Japan, the United States, China, Russia which are a main space development country are included in that.

An agreement to measure the national activity in the moon or other heavenly bodies in 1979 was adopted and took effect in 1984. It was in this way forbidden owning the real estate of the heavenly bodies out of the earth [5]. However, as of January 1, 2008, the ratification country stays in 13 countries [6] and these most are not main space development countries. Kazakhstan having Baikonur space station ratifies a treaty, but the facilities are run by the Russian Federation concluding a rental contract agreement.

Personal buying and selling design

Many individuals and organizations sponsor a plan and a design to purchase month and other sky members for an individual. It is different, but, as for the details, there is even the thing which exhibits it saying "I forbid a claim of the possession of the heavenly bodies by the nation in the Open Space Treaty which took effect in 1967, but the limit prohibiting that an individual insists on possession is not added" every plan about the legal grounds among them.

Many nations and areas have real estate and the possession law to prevent an unreasonable claim for the land discovered newly. Thus, the simple claim will not do to insist on dominium, and the insisting person must show "a will to occupy". In the case of a month and other heavenly bodies, such a thing is clearly difficult at present.

The public administrative body of which country does not give you the legal effectiveness without the structure called "a transfer" is symbolic legally or having only value of the novelty if I think about these facts.

In short story "man (The Man Who Sold the Moon) of Robert A Heinlein written in 1949 who sold the moon", I am described about such a design and structure. In "visitors of 異星 of Heinlein," I mention the judgment of the court case over the proprietary rights of the month called "Larkin judgment" (Larkin Decision). "33,000 square meters" assumes an identification of right of the Martian land a subject by SF short story comics by Fujiko, F, Fujio.

Proprietary rights of the empty space

About the proprietary rights of the empty space, it is thought that it is a problem different from the proprietary rights of the land in other heavenly bodies again. This is because it is difficult empty thing, to define the domain and to maintain all the things which there is in that. According to the Open Space Treaty, I do the outer space with the space for all humankind and prohibit personal possession of any empty space virtually. But the government which does not sign a related treaty may cause the United Nations and a debate about this matter.

As the issue of occurring proprietary rights, the at the rate of to the man-made satellite in the geostationary orbit has a particular destination practically. This is managed by the International Telecommunications Union. "The first equator countries meeting declaration" (Bogota declaration) that I collect countries right on the equator in 1976, and eight countries signed in open discussion is the trial that is going to use sovereignty about a geostationary orbit lying in the sky of the countries where I signed [7]. International support and approval were not got from these claims, and most were abandoned afterwards.

References

  1. ^ Virgiliu G Pop (2009) (English). Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership. Springer. pp. 2–3. 
  2. ^ a b Japan Aerospace Exploration Agency. "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies" (Japanese). December 16, 2010 reading.
  3. ^ "United Nations Treaties And Principles On Outer Space" (English). Office for Outer Space Affairs. December 16, 2010 reading.
  4. ^ "Status of international agreements relating to activities in outer space as at 1 January 2005" (English). Office for Outer Space Affairs. December 16, 2010 reading.
  5. ^ "Moon Treaty"(English). エイムズ research center. December 16, 2010 reading.
  6. ^ "Agreement Governing the Activities of States on the Moon and Other Celestial Bodies" (English). United Nations outer space office. December 16, 2010 reading.
  7. ^ "I declare the first equator countries meeting"(Japanese). Japan Aerospace Exploration Agency. December 16, 2010 reading.

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