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Article
Publication date: 25 June 2021

Maria Lucas Rhimbassen and Lucien Rapp

In the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which…

Abstract

Purpose

In the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which could collide with international space law ethics, and thus, erode the corpus juris spatialis. The purpose of this paper is to find a way to prevent such an erosion.

Design/methodology/approach

Through an interdisciplinary review of the literature pertaining to space law, space property rights, economic goods, resources and commodities, this paper explores potential solutions to prevent further fragmentation of the corpus juris spatialis when confronted with the elusive transnational lex mercatoria dynamics and potential commodification of the space ecosystem.

Findings

This paper explores solutions to prevent this outcome through decentralized frameworks ranging from polycentric governance to a new “space antitrust” regime. Polycentric governance could prove very useful to address the plurality of space property rights and their complexity while space antitrust would not be precluded to intervene in a commoditized space market. Commodities benefited in the past from a certain antitrust immunity, however, due to globalization, technological development and deregulation, commodities have become more competitive, and therefore, the immunity is being gradually overturned.

Originality/value

This paper explores the benefits of unlocking antitrust potential forces into channeling, hand in hand with polycentricity, the development of the space ecosystem in light of international space law ethics. “Space antitrust” could become a discipline per se and better resonate with non-traditional stakeholders in the space sector in a context of commercialization and commodification of resources. Today, benefit-sharing causes debate among spacefaring nations in terms of property rights. However, it could be enforced through competition law dynamics.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 2
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 1 December 2000

Lucien Rapp

Considers the development of the content industry in Europe by 2005, with the anticipation of new applications such as tele‐education, tele‐medicine, tele‐detection and…

Abstract

Considers the development of the content industry in Europe by 2005, with the anticipation of new applications such as tele‐education, tele‐medicine, tele‐detection and tele‐surveillance. Examines the interplay of the various political and industrial interests involved, using the technique of “scenario‐mapping” in particular.

Details

info, vol. 2 no. 6
Type: Research Article
ISSN: 1463-6697

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