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This research report examines the potential nature of property rights in space and the need for the development of a cogent framework for the allocation of such rights, within the parameters set by the Outer Space Treaty of 1967. This was done in an effort to avoid the dichotomous commons dilemmas of, the tragedy of the commons, as described by Hardin (1968), and the tragedy of the anti-commons, as described by Heller (1998),(2013), whilst endeavouring to encourage the investment in and the development of, space and its resources by private operators. A review of existing literature across a diverse set of academic fields including economics, space law, and commons dilemmas, led to the development of an a priori framework for the allocation of functional property rights in space. The framework was specifically based on the work of Nobel Prize Winner Elinor Ostrom’s principles for sustainable governance of common pool resources (CPR), the observations on the nature of the anti-commons, as described by Michael Heller and the theory of the decentralisation of governance structures through the polycentric design of governance frameworks. The validity of the proposed a priori framework was tested through in depth interviews with experts in space law, policy development and space related industries. Through the reviewed literature and evidence gathered by this research, it was evident that the debate around the potential nature of property rights in space is still unresolved. However, a consensus view emerged amongst the respondents, that the bundle of functional property rights and roles proposed in the a priori framework were valid and feasibly legal, under the current OST treaty regime, with the exclusion of the polycentric design for the allocation of rights within the framework. / Dissertation (MBA)--University of Pretoria, 2013. / lmgibs2014 / Gordon Institute of Business Science (GIBS) / MBA / Unrestricted

Since the start of the space race in the 1950‟s the outer space environment has significantly changed due to human expansion and the subsequent by-products known as outer space pollution/debris. As outer space rapidly evolved from a military high-ground into a commercialised asset exploited by private and state owned enterprises, the treaties negotiated in the 1960‟s and 1970‟s quickly became out-dated. As a result outer space, especially the orbits around the Earth are occupied by countless masses of non-functional manmade objects, some expected to remain for millions of years. This dissertation argues that the current national and international legal framework will be inadequate to address the problem of outer space pollution and that legal and political action will be necessary on a global scale. With the planned developments as set out in the National Space Policy, South Africa is set on becoming a leading provider of outer space services on the African continent and will, as a consequence, have a progressively bigger impact on the outer space environment. With a growing dependence on outer space technologies, developed and developing economies around the world cannot ignore the immense negative consequences that outer space debris could pose to their development. This study will thus, by examining the international and national legal framework regarding outer space pollution, provide legal recommendations pertaining to the principles and obligations that the South African legal framework will have to make provision for, in order to minimise the negative effect on the outer space environment. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

Since the start of the space race in the 1950‟s the outer space environment has significantly changed due to human expansion and the subsequent by-products known as outer space pollution/debris. As outer space rapidly evolved from a military high-ground into a commercialised asset exploited by private and state owned enterprises, the treaties negotiated in the 1960‟s and 1970‟s quickly became out-dated. As a result outer space, especially the orbits around the Earth are occupied by countless masses of non-functional manmade objects, some expected to remain for millions of years. This dissertation argues that the current national and international legal framework will be inadequate to address the problem of outer space pollution and that legal and political action will be necessary on a global scale. With the planned developments as set out in the National Space Policy, South Africa is set on becoming a leading provider of outer space services on the African continent and will, as a consequence, have a progressively bigger impact on the outer space environment. With a growing dependence on outer space technologies, developed and developing economies around the world cannot ignore the immense negative consequences that outer space debris could pose to their development. This study will thus, by examining the international and national legal framework regarding outer space pollution, provide legal recommendations pertaining to the principles and obligations that the South African legal framework will have to make provision for, in order to minimise the negative effect on the outer space environment. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

University of Macau / Faculty of Law