Chapter 5. Property Rights In Outer Space: A Crucial Issue In The Wake Of The Commercialisation Of Outer Space And Its Resources

The purpose of this chapter is to analyze and clarify whether or not to obtain property rights over the natural resources of the Moon and other celestial bodies is allowed under the existing corpus juris spatialis. It deals with the topic of public and private property rights in outer space as such, comprising the Moon and other celestial bodies. The chapter focuses on the issue concerning property rights over outer space resources. Generally, a distinction should be made between two types of property rights in outer space: immovable and movable. The prohibition of private appropriation of outer space or any of its parts has been also confi rmed and made even more explicit by the provisions of the Moon Agreement. The dualistic theory basically assumes that international and municipal laws constitute two distinct categories of legal orders.Keywords: celestial bodies; dualistic theory; Moon agreement; natural resources; outer space; property rights