DRAFT PROTOCOL ON PROPERTY RIGHTS TO THE TREATY GOVERNING THE ACTIVITIES OF STATES ON THE CELESTIAL BODIES OF THE SOLAR SYSTEM (WITH ANNEX)
(Property Rights Protocol to the Solar System Treaty)
(Property Rights Protocol to the Solar System Treaty)
OPSA-2014-03
2014
ARTICLE 1
DEFINITIONS
For the purposes of this Protocol:
1. The term “residential space facility” means a structure located on a celestial body whose primary purpose is to provide shelter, life support and living space for natural persons;
2. The term “scientific space facility” means a structure located on a celestial body whose primary purpose is to further the purposes of scientific investigation and/or exploration of the Solar System;
3. The term “commercial space facility” means a structure located on a celestial body whose primary purpose is the sale of goods or services to other entities;
4. The term “industrial space facility” means a structure located on a celestial body whose primary purpose is the production of products for use or consumption by other entities;
5. The term “mining space facility” means a structure located on a celestial body whose primary purpose is to facilitate the removal and processing of material resources;
6. The term “State of registry” means a State on whose registry a space object is carried;
7. The term “Owner” means the legal owner(s) as defined and determined by any treaties, laws and regulations of the State of registry;
8. The term “foreign national” means a citizen of a State other than the State of registry;
9. The term “abandonment” means:
(a) Cessation of regular or periodical use of a structure, or
(b) Cessation of operation and/or loss of control of a device without taking prompt, overt action to re-establish operation and/or control over said device, or
(c) An Owner’s express public declaration that the Owner has abandoned a structure or device.
ARTICLE 2
JURISDICTION
1. A State Party to this Protocol shall retain jurisdiction and control over:
(a) The space facilities on its registry,
(b) A safety zone on a gravitationally significant body around the residential or scientific space facilities on its registry, as specified in Annex 1 to this Protocol,
(c) A safety zone on a gravitationally significant body around commercial, industrial or mining facilities on its registry, as specified in the Annex 1 to this Protocol,
(d) A gravitationally insignificant body on which is located the residential, scientific, commercial, industrial or mining facilities on its registry, and
(e) Any natural persons within said space facilities, safety zones, and gravitationally insignificant bodies.
2. A State Party to this Protocol shall exercise jurisdiction and control over space facilities on other States’ registries which are within its safety zones or on its gravitationally insignificant bodies, and the natural persons within said facilities, only to the extent necessary to protect the safety of space facilities and natural persons.
ARTICLE 3
REGISTRATION
Each State Party to this Protocol shall establish a registry of real property rights on gravitationally significant bodies and a registry of personal property rights pertaining to the natural resources in place on gravitationally insignificant bodies, and shall enact laws and, if deemed necessary, regulations which set forth the procedures which Owners of space facilities must follow in order to establish, register, and obtain documentation of real and personal property rights. States’ registries of property rights shall be openly and easily available to other States and to the general public.
ARTICLE 4
FIRST IN TIME, FIRST IN RIGHT
Entities may occupy and use locations on celestial bodies on a first in time, first in right basis, so long as said occupation and use will not interfere with other entities activities, or infringe an international scientific preserve or an international cultural heritage preserve.
ARTICLE 5
TRANSFER OF OWNERSHIP
1. The Owner of a newly constructed space facility shall promptly register said space facility with an appropriate State in accordance with any treaties, laws and regulations which govern the Owner.
2. Owners of space facilities may transfer ownership of their space facilities at any time, so long as they comply with any applicable treaties, laws and regulations of the State of registry. Any Owner who transfers ownership of a space facility shall promptly notify the State of registry that ownership of the space facility has been transferred, and shall provide said State with the information necessary to identify and contact the purchaser.
3. The purchaser of a space facility shall promptly register said facility with an appropriate State in accordance with any treaties, laws and regulations which govern the purchaser. In the event that the purchaser registers the space facility with a State which is different from the State of registry of the seller of the space facility, the purchaser shall promptly notify the seller’s State of registry that registration of the facility has been transferred, and the identity of the State on whose registry the space facility will be carried in the future.
ARTICLE 6
ABANDONMENT
1. The State of registry shall retain jurisdiction and control over a space facility after the Owner of a space facility abandons said space facility, and until such time as an entity either purchases or otherwise legally assumes control and/or occupation of the space facility and registers said facility with another State, or advises the State of registry that the space facility has been dismantled.
2. Abandonment of a space facility by its Owner shall not negate or affect any international liability to which the State of registry may be subject, pursuant to the terms of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, the Convention on International Liability for Damage Caused by Space Objects, general principles of international law, or any other applicable treaties, laws or regulations.
ARTICLE 7
REAL PROPERTY RIGHTS
Owners who inhabit, maintain and/or operate a space facility on a gravitationally significant body for a period specified in Annex 1 of this Protocol shall be entitled to formal recognition and registration of the following rights, which shall be designated “real property rights:”
1. The right to exclude natural persons and legal entities from the space facility and its related safety zone;
2. The right to be free of interference from others;
3. The right to control the activities of all natural persons and legal entities within the space facility and its related safety zone;
4. The right to direct the activities of space vehicles and the natural persons inside such vehicles within the space facility and its related safety zone;
5. The exclusive right to appropriate resources within the space facility and its related safety zone;
6. The right to sell real property rights to other natural persons or legal entities.
ARTICLE 8
PERSONAL PROPERTY RIGHTS
Owners who inhabit, maintain and/or operate a space facility on a gravitationally insignificant body for a period specified in Annex 1 of this Protocol shall be entitled to formal recognition and registration of the following rights, which shall be designated “personal property rights:”
1. The right to exclude natural persons and legal entities from the space facility and its related gravitationally insignificant body;
2. The right to be free of interference from others;
3. The right to control the activities of all natural persons and legal entities within the space facility and its related gravitationally insignificant body;
4. The right to direct the activities of space vehicles and the natural persons inside such vehicles within the space facility and its related gravitationally insignificant body;
5. The exclusive right to appropriate resources within the space facility and its related gravitationally insignificant body;
6. The right to sell personal property rights to other natural persons or legal entities.
ARTICLE 9
LIMITATIONS ON PROPERTY RIGHTS
The real and personal property rights which States confer upon Owners shall be subject to the following limitations:
1. Owners may not establish property rights over an area which would prevent other natural persons or legal entities from having free access to interplanetary space and gravitationally significant bodies;
2. Any State Party to this Protocol may terminate the property rights of an Owner whose space facility is carried on said State’s registry, provided said State terminates the property rights pursuant to duly enacted laws or regulations, or duly ratified treaties. Cause for termination shall include the Owner of a space facility:
(a) Using the space facility for non-peaceful purposes;
(b) Abandoning the space facility for a period specified in Annex 1 of this Protocol;
3. States Parties to this Protocol shall not confer real property rights upon an Owner which would prevent other natural persons or legal entities from having free access to interplanetary space or gravitationally significant bodies.
ARTICLE 12
AMENDMENTS
1. States Parties to this Protocol shall confer 5 years from the date this Protocol enters into force, and every 5 years thereafter, to determine whether the following quantitative provisions of this Protocol need to be revised:
(a) The physical extent of safety zones for residential and scientific, and commercial, industrial and mining space facilities, pursuant to Annex 1 of this Protocol;
(b) The period of habitation, operation or maintenance of a space facility which is necessary to establish and register real and personal property rights, pursuant to Annex 1 of this Protocol;
(c) The period of abandonment of a space facility necessary to terminate real and personal property rights, pursuant to Annex 1 of this Protocol;
2. In the event that a majority of States Parties agrees that one or more of the quantitative provisions in Annex 1 of this Protocol need to be revised, the States Parties shall convene a meeting of an ad hoc Property Rights Council, hereinafter the Council, to determine the revised quantitative figures. Each State Party to this Protocol shall be permitted to send one voting representative to such a meeting.
3. The amendment of Annex 1 to this Protocol shall require the vote of two-thirds of the Council and shall then be submitted by the Council to each State Party. Any amendment of Annex 1 shall become effective within three months after its submission to the States Parties or at the end of such longer period of time as the Council may prescribe.
4. The Council shall immediately notify all States Parties of the coming into force of any amendment to Annex 1.
5. Any changes in the quantitative provisions of Annex 1 may serve to increase the rights of entities that already have property rights which have been conferred in accordance with this Protocol, but such changes shall not under any circumstances diminish or abrogate the rights of entities that own property rights on the date when States’ representatives vote to change the quantitative provisions.
ANNEX 1
EXTENTS OF SAFETY ZONES AND PERIODS OF OPERATION AND ABANDONMENT
ARTICLE 1
EXTENTS OF SAFETY ZONES
1. Pursuant to Article 2, paragraph 2 of this Protocol, a State Party shall retain jurisdiction and control over a safety zone of _____ meters on a gravitationally significant body around the residential or scientific space facilities on its registry.
2. Pursuant to Article 2, paragraph 3 of this Protocol, a State Party shall retain jurisdiction and control over a safety zone of _____ meters on a gravitationally significant body around the commercial, industrial and mining facilities on its registry.
ARTICLE 2
PERIODS OF OPERATION AND ABANDONMENT
1. Pursuant to Articles 7 and 8 of this Protocol, Owners which inhabit, maintain and/or operate a space facility for a period of at least one year shall be entitled to formal recognition and registration of property rights.
2. Pursuant to Article 9, subparagraph 3(b) of this Protocol, abandoning the space facility for a period of 2 years or more shall be cause for termination of the property rights of an Owner whose space facility is carried on said State’s registry.
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