Article  Why you can't settle Mars or colonize the Moon without real property rights

#1
C C Offline
https://reason.com/2026/06/09/why-you-ca...ty-rights/

EXCERPT: Some of these countries are now demanding that you hand over a significant share of your profits to people who have never had anything to do with asteroid mining—many of whom couldn't even say exactly what an asteroid is, let alone launch rockets into orbit.

They invoke Article IV, Paragraph 1, and Article XI, Paragraphs 1 and 3, of the Moon Agreement, which state: "The exploration and use of the Moon shall be the province of all mankind and shall be carried out for the benefit and in the interest of all countries, irrespective of their degree of economic and scientific development. Due regard shall be paid to the interests of present and future generations as well as to the need to promote higher standards of living and conditions of economic and social progress and development in accordance with the Charter of the United Nations." So much for Article IV.

Article XI states: "The Moon and its natural resources are the common heritage of mankind. Neither the surface nor the subsurface of the Moon, nor any part thereof or natural resources in place, shall become property of any State, international intergovernmental or non-governmental organization, national organization or non-governmental entity or of any natural person."

The Moon Agreement, since signed by 22 countries and ratified by 18, was developed to work in the same way as seabed law, and a delegate from Sri Lanka explained in simple terms what the intention was: "If you touch the nodules [valuable mineral deposits on the seabed] at the bottom of the sea, you touch my property. If you take them away, you take away my property."

The plaintiffs now demand their "rightful share" of your profits, arguing that the platinum belongs not to you, but to all of humanity—and especially to developing countries, many of which are not yet engaged in space exploration. Should the plaintiffs win, neither you nor any other company would ever be able to attract investors again. Asteroid mining would be dead and buried after this very first attempt.

Suffice it to say: Investors can remain confident, as a lawsuit based on a treaty signed by only a small number of countries is unlikely to succeed. But consider a second thought experiment...

[...] The settlers have repeatedly attempted to establish private property rights and even create a digital land registry, but legal experts keep putting a stop to their efforts. This time, the problem is not the 1984 Moon Agreement, but the 1967 Outer Space Treaty (OST) ... What can be done when a treaty, in this case the OST, is open to so many different interpretations? First, it could be renegotiated...

[...] So, who should have the right to acquire property in space? My answer: those who have the financial means to get there, develop, and use the land. [...] However, we would need to tread carefully: If the Chinese were the first to reach Mars, it is possible they would declare the entire planet as belonging to China... (MORE - missing details)
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#2
Syne Offline

It has not been ratified by any state that engages in self-launched human spaceflight (i.e., the United States, Russia (or its predecessor the Soviet Union), or the People's Republic of China) since its creation on December 18, 1979, and thus it has little to no relevancy in international law.
- https://en.wikipedia.org/wiki/Moon_Treaty

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#3
Yazata Offline
I think that the applicable treaty is the Outer Space Treaty

The United States, Russia, China, India, Japan, the Europeans and all the other space powers are parties to this one.

Its provisions are:

Quote:the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;

outer space shall be free for exploration and use by all states;

outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;

states shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;

the Moon and other celestial bodies shall be used exclusively for peaceful purposes; prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications

astronauts shall be regarded as the envoys of mankind;

states shall be responsible for national space activities whether carried out by governmental or non-governmental entities;

states shall be liable for damage caused by their space objects; and

states shall avoid harmful contamination of space and celestial bodies.

The thing with "international law" is that absent an enforcement mechanism, it's all just suggestions.

"It would be nice if everyone adhered to this, but ...'

Quote:If the Chinese were the first to reach Mars, it is possible they would declare the entire planet as belonging to China...

They could, I guess. But it's hard to see how they could enforce it or prevent others from landing and setting up shop.

The future that I foresee for Mars is something like Antarctica today. Where several countries and corporations (SpaceX?) operate stations, outposts and laboratories of various sizes. And all of them agree informally to help each other when necessary. Mars bases will be pretty much on their own, since the Earth and Mars are only in suitable positions in their orbits for efficient transit between them roughly every two years. And the trips will take months. So the only source of quick response aid will be the other Mars bases.
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