Property and sovereignty in space: Countries and companies face potential clashes as they take to the stars
Space property rights need law clarity to prevent international disputes and protect commercial ventures.
The growing interest in lunar exploration and the commercial potential of space activities highlights the critical need for a robust legal framework regulating property rights in space. Wayne N White Jr, a consultant with One Space Technologies Inc. and former Director of The National Space Society, warns that as private citizens and companies consider permanent settlements on celestial bodies, national laws must be enacted to avoid territorial disputes. The 1967 Outer Space Treaty, which 115 countries, including the United States, have adopted, prohibits territorial claims but lacks mechanisms for addressing property disputes and outlining specific rights of nations' citizens.
White explores how real property rights in space could address these issues, positing that territorial claims should only be asserted by national governments, while property rights could apply to individuals and companies. He suggests that real property laws enacted by nations could delineate the rights of settlers, define their authority, and protect their investments. Such laws could include safety zones around property, establishing areas where property owners can exclude others and preventing interference, a principle rooted in international law and the U.N. Charter.
A significant consideration is how nations could adapt the Outer Space Treaty to their national laws since it is largely non-self-executing, meaning courts cannot unilaterally apply its terms to private entities. White claims this is crucial in the U.S., where space activities are expanding rapidly. He cites the Commercial Space Launch Competitiveness Act of 2015 as an example of U.S. legislation granting property rights, allowing citizens to own, transport, and sell resources mined from celestial bodies.
International cooperation is seen as essential for establishing a unified approach to space property laws. The Artemis Accords, signed by 50 nations, offer a nonbinding framework that supports peaceful exploration and provides for safety zones, which mirror the self-defense and noninterference rights from the U.N. Charter. White suggests a U.S. law containing a reciprocity provision could spur other countries to recognize and enact similar property rights laws, which would facilitate mutual recognition of property rights and support economic development in space.
Ultimately, clear property rights in space promise to reduce legal risks for commercial ventures and support the creation of a space property market. These rights would need to specify authority changes when property is transferred, ensuring ongoing national jurisdiction over space objects, even if ownership is transferred to foreign entities. With such legislative measures, the vision of permanent space settlements and sustainable commercial activities could become a reality, minimizing potential disputes and chaos.
Sources: The Conversation, The National Space Society, The Outer Space Treaty, U.N. Charter, Commercial Space Launch Competitiveness Act of 2015, Artemis Accords, Space.com.