Property and sovereignty in space 鈭� as countries and companies take to the stars, they could run into disputes
Private citizens and companies may one day begin to . But if we don't enact governing laws in the meantime, space settlers may face legal chaos.
Many wars on Earth . In order to avoid such disputes in outer space, nations should consider enacting national laws that specify the extent of each settler's authority in outer space and provide a process to resolve conflicts.
I have been for over 40 years. Through my work, I've studied ways to avoid war and resolve disputes in space.
Property in space
Space is an international area, and companies and individuals are free to land their space objects鈥攊ncluding satellites, human-crewed and robotic spacecraft and human-inhabited facilities鈥攐n celestial bodies and conduct operations anywhere they please. This includes both outer space and celestial bodies such as the moon.
The 1967 prohibits territorial claims in outer space and on celestial bodies in order to . But without national laws governing space settlers, a nation might attempt to protect its citizens' and companies' interests by withdrawing from the treaty. They could then claim the territory where its citizens have placed their space objects.
Nations enforce territorial claims through military force, which would likely cost money and lives. An alternative to territorial claims, which I've been investigating and have come to prefer, would be to enact real that are consistent with the Outer Space Treaty.
Territorial claims can be asserted only by national governments, while property rights apply to private citizens, companies and national governments that own property. A property rights law could specify how much authority settlers have and protect their investments in outer space and on celestial bodies.
The Outer Space Treaty
In 1967, the Outer Space Treaty . As of January 2025, are party to this treaty, including the United States and most nations that have a space program.
The Outer Space Treaty outlines principles for the peaceful exploration and use of outer space and celestial bodies. However, the treaty does not specify how it will apply to the citizens and companies of nations that are parties to the treaty.
For this reason, the Outer Space Treaty is largely . This means U.S. courts cannot apply the terms of the treaty to individual citizens and companies. For that to happen, the United States would need to enact national legislation that explains how the terms of the treaty apply to nongovernmental entities.
says that participating countries should make sure that all of their citizens' space activities comply with the treaty's terms. then gives these nations the authority to enact laws governing their citizens' and companies' private space activities.
This is particularly relevant to the U.S., where commercial activity in space is .
UN Charter
It is important to note that the Outer Space Treaty requires participating nations to comply with international law and the .
In the U.N. Charter, there are two international law concepts that are relevant to property rights. One is a country's right to , and the other is the .
The international law principle of gives nations the right to exclude others from their space objects and the areas where they have ongoing activity.
But how will nations apply this concept to their private citizens and companies? Do individual people and companies have the right to exclude others in order to prevent interference with their activities? What can they do if a foreign person interferes or causes damage?
The noninterference principle in the U.N. Charter governs relations between nations, not individuals. Consequently, U.S. courts likely wouldn't enforce the noninterference principle in a case involving two private parties.
So, U.S. citizens and companies do not have the right to exclude others from their space objects and areas of ongoing activity unless the U.S. enacts legislation giving them that right.
US laws and regulations
The United States has to govern private space activities. It has sought international support for this effort through the nonbinding .
As of January 2025, the Artemis Accords.
The accords explain how important components of the Outer Space Treaty will apply to private space activities. One section of the accords allows for , where public and private personnel, equipment and operations are protected from harmful interference by other people. The rights to self-defense and noninterference from the U.N. Charter provide a legal basis for safety zones.
Aside from satellite and rocket-launch regulations, the United States has enacted only a few laws鈥攊ncluding the of 2015鈥攖o govern private activities in outer space and on celestial bodies.
As part of this act, any U.S. citizen collecting mineral resources in outer space or on celestial bodies has a right to own, transport, use and sell those resources. This act is an example of national legislation that clarifies how the Outer Space Treaty applies to U.S. citizens and companies.
Property rights
Enacting property rights for outer space would make it clear what rights and obligations property owners have and the extent of their authority over their property.
All nations on Earth . Property rights typically include the rights to possess, control, develop, exclude, enjoy, sell, lease and mortgage properties. Enacting real property rights in space would create a marketplace for buying, selling, renting and mortgaging property.
Because the Outer Space Treaty prohibits territorial claims, space property rights would not necessarily be "land grabs." Property rights would operate a little differently in space than on Earth.
Property rights in space would have to be that the Outer Space Treaty gives to nations. This authority allows them to govern their citizens and their assets by enacting laws and enforcing them in their courts.
Space property rights would include safety zones around property to prevent interference. So, people would have to get the property owner's permission before entering a safety zone.
If a U.S. property owner were to sell a space property to a foreign citizen or company, the space objects on the property would have to stay on the property or be replaced with the purchaser's space objects. That would ensure that the owner's country still has authority over the property.
Also, if someone transferred their space objects to a foreign citizen or company, the buyer would have to change their objects' , which would give the buyer's nation authority over the space objects and the surrounding property.
Nations could likely avoid some territorial disputes if they enact real property laws in space that clearly describe how national authority over property changes when it is sold. Enacting property rights could reduce the legal risks for commercial space companies and support the permanent settlement of outer space and celestial bodies.
U.S. property rights law could also contain a , which would encourage other nations to pass similar laws and allow participating countries to mutually recognize each other's property rights.
With a reciprocity provision, property rights could support economic development as around the world begin to look to outer space as the next big area of economic growth.
Provided by The Conversation
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