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We have read extensively around the subject of land acquisition, both in private and public law. We have looked at the core issues of Factual Possession (in private law) and Effective Occupation (in public law), which are essentially equivalents. We’ve looked at the major land acquisition cases which went to international court in the last 100 years. We have read some good hefty texts which summarize the key aspects for land acquisition. It is is made clear that for difficult land [not ready for settlement and not abundant in readily available resources for trade… like barren islands or polar regions], actual human settlement is not required. An intent to occupy/posses, plus a plan for use or development of the land [ideally with some direct action to affect the land] plus some governance / admin activity is required.
We believe that our actions do entirely fit with this general interpretation. We also can show that our acts of possession and hence legal position are unaffected by the articles in the original Space Treaty [specifically, our actions are NOT blocked at all by articles 1, 2, 6, 7 and 8. These articles would traditionally be regarded as hurdles to celestial land acquisition, even for companies/individuals who would not make sovereign claims]. Thus we belive we are elegantly positioned, with sufficient evidence for Factual Possession [plus governance/admin activity] but not involving the sort of in-Space activiuty that would be tripped up by the existing Space Treaty.
- DO GO TO OUR LEGAL ISSUES PAGE FOR MORE GOOD INFO ON THIS.
NOTE: You can find THE MARS PRIZE moot court competition page here: /themarsprize
Some great reference books/texts we used:
Territorial Acquisition, Disputes and International Law [Prof. S. Sharma]; International Real Estate handbook [Prof C Kalin]; The Law of Real Property 8th Ed [Rt Hon Sir R Megarry and Sir W Wade]; Principles of Public International Law [Sir Ian Brownlie]; NYU Journal of International Law and Politics 33(2000-01):714.
If you have not yet read through the sliders on our ABOUT section, we suggest you do so as there is much more on this crucial subject.
We are also keen to gain positive and negative [if constructive] critique from lawyers experienced in this complex field of International Law:
firstname.lastname@example.org [or form below]