THE U.S. SPACE ACT OF 2015 AND THE PRIVATE INTERNATIONAL LAW: FROM INTELLECTUAL PROPERTY RIGHTS TO PROPERTY RIGHTS IN SPACE: A NATIONAL LEGAL APPROACH OF AN INTERNATIONAL AFFAIR

摘要

Thinking outer space, legally, is a duty. Everyone has to make a contribution in order to help develop this field of law. The Outer Space Treaty (OST) of 1967, that survived almost half a century, has formed more than ever an obstacle to the technologically more advanced countries -involved in space activities- in regard to outer space, as industry grows year after year. On the one hand, the international law has to be respected and, on the other hand, it is time for the private sector to get involved in the outer space activities. The OST of 1967 is far from being up-to-date and, modernizing it, is necessary. Otherwise, every country would have to establish its own legal framework and protect its investments; the United States being the first to do so. On the 25th of November 2015, President Barack Obama signed the U.S. Commercial Space Launch Competitiveness Act (US CSLCA) into law, giving right to American citizens to own and exploit outer space natural resources. This Act gives privilege to American citizens to take advantage from these huge space resources. In order to understand this American significant initiative, legal explanation can be proposed. Therefore, it is helpful to compare the outer space's issue to a domestic one. It is difficult to compare outer space to a public property (unless we adopt Georges Scelle's theory of the 'domaine public international'), given that a public property belongs to the State. In other words, it belongs to one party, the State. But in this case, outer space belongs to all States thus, to different parties. For this reason, considering outer space as common property, where every State forms a co-owner, is fundamental. The question here is whether the US has the authority to give right to its citizens to exploit outer space natural resources or not. In other words, do the private property rights in outer space contravene the fundamental principles of the international law? This paper does not establish a mechanism for the distribution of interests as a result of a private investment in outer space. This paper seeks to analyze the relationship between the different actors in outer space, in case of a private investment: on the one hand, the relationship between the State and the international community and on the other hand, the relationship between the private sector and the State.