Private companies and individuals are increasingly considering permanent settlements in outer space and on celestial bodies. However, the absence of governing laws could lead to disputes over territory and resources.
The 1967 Outer Space Treaty prohibits nations from making territorial claims in space. Despite this, a country may withdraw from the treaty to protect its citizens’ and companies’ interests, potentially leading to conflicts.
Unlike territorial claims, which only governments can make, property rights can apply to private individuals and companies. Enacting laws on property rights could help define authority over space assets and prevent conflicts.
The Outer Space Treaty does not directly regulate private citizens or companies. Nations must enact their own laws to govern space activities and ensure compliance with the treaty’s principles. The United States has taken steps in this direction.
The UN Charter includes principles like self-defence and noninterference, which apply to international relations but not to individuals. Without national laws, private companies and individuals have no legal basis to exclude others from their space assets.
The US has implemented some regulations, including the 2015 Commercial Space Launch Competitiveness Act, which grants property rights over extracted space resources. The Artemis Accords, signed by 50 nations, outline cooperative principles for space activities, including safety zones to prevent interference.
Implementing property rights laws could support economic activity and long-term space settlement. A reciprocity provision in US law could encourage other countries to establish similar regulations, allowing nations to mutually recognise property ownership in space.