This article was originally published conversation. This publication contributed to this article on Space.com. Expert voice: OP-ED & Insights.
Wayne n WHITE JR Consult with One Space Technologies Inc. He is a member of the National Space Society, a former director and associate professor of AIAA.
Civilians and companies can someday settle out of the universe and heavenly institutions someday. But in the meantime, if we do not enact the ruling law, space settlers can face legal confusion.
Many wars Start a territorial dispute. In order to avoid such disputes in the outside universe, the state must consider the enactment of the national law that provides the extent of the settlers in the universe and provides a process to solve the conflict.
I have been studying and writing about space laws for more than 40 years. Through my work, I studied how to avoid war and solve space disputes.
Universe
The universe is an international region, and the company and individual can freely land satellite, human beings, a deacons, robot spacecraft, and facilities that are granted by human beings. This includes both external space and heavenly body, such as the moon.
1967 Space treaty Outside the universe and celestial institutions prohibit territorial claims. Avoid disputes. However, if there is no national law that dominates space settlers, the state can attempt to protect the interests of citizens and companies by withdrawing from the treaty. Then the citizens were able to claim the territory of placing the space.
The nations make territorial claims through military power, which costs money and life. The alternative to the territory claims I investigate and prefer is to enact it. Property It coincides with the universe treaty.
Territory claims can only be asserted by the state government, and property rights are applied to civilians, companies and national governments with property. The property law can designate how much authority is to designate how much authority is, and protect the investment in the external universe and celestial bodies.
Space treaty
1967 External Space Treaty It was fermented. As of January 2025 115 countries It is a party to this treaty, including most countries with space programs.
The external space treaty briefly explains the principles for the peaceful exploration and use of the universe and celestial bodies. However, the treaty does not specify how it applies to the citizens of the treaty and the citizens of the state.
For this reason, the universe treaty is mostly It is not a self -dictionary treaty. This means that the US court cannot apply the treaty conditions to individual citizens and companies. To this end, it is necessary to enact a national legislation that explains how the US treatments apply to non -governmental agencies.
An article of the Space Treaty Participating countries say that all citizens’ universe activities must comply with the conditions of the treaty. Other knights Then we grant the authority to enact a law to manage the personal spatial activities of citizens and companies.
This is associated with the United States with commercial activities in the universe. It increases quickly.
UN Charter
The external space treaty is an international law UN Charter.
The UN Charter has two concepts of international law related to property rights. One is the right of the state Defend yourselfThe other is Non -interference principle.
International Law Principle non-interference The state gives the right to exclude others in space objects and their progressive areas.
But how do nations apply this concept to private citizens and companies? Do individuals and companies have the right to exclude others to prevent interference with activities? What can you do if foreigners interfere or cause damage?
The principle of non -interference in the UN Charter dominates the relationship between countries, not individuals. As a result, the US court will not implement non -interference principles if they are related to the two parties.
Thus, US citizens and companies have no right to exclude others from the universe and ongoing activities unless the US enacts a bill that gives it.
US Law and Regulations
America has Recognized the need for more specific laws. Control personal space activities. We have obtained international support for these efforts through non -combined artemis agreements.
As of January 2025, 50 countries signed Artemis Accords.
The agreement explains how important components of the space treaty are applied to personal space activities. One part of the accord is allowed Safety areaPublic and civilians, equipment and operation are protected from harmful interference of others. The right to self -defense and non -interference by the UN Charter provides a legal basis for safety zones.
In addition to the satellite and rocket launch regulations, the United States Commercial space launch competitiveness 2015 -Controls personal activities in the external universe and celestial bodies.
As part of this law, US citizens have the right to own, transport, use, and sell all the resources in all citizens who collect mineral resources in space or celestial bodies. This law is an example of a national law that clarifies how an external space treaty applies to US citizens and companies.
Property
By enacting property rights for external spaces, you can clarify the extent of the rights, obligations, and property of property owners.
All countries on the planet The legal system has property rights.. Property rights generally include rights to ownership, control, development, exclusion, enjoying, sales, rental and mortgage real estate. If real estate rights are enacted in space, it will be a market for purchasing, sales, lease and mortgage.
Since external space treaties prohibit territorial claims, space property does not necessarily have to be “landing”. Property rights are slightly different from the earth.
There must be property rights in the universe Based on authority Space Treaty is provided to the state. Through this authority, the law can be enacted and the court can control citizens and assets.
Space property rights include safety zones around the real estate to prevent interference. Therefore, people must be approved by the real estate owner before entering the safety area.
If a US real estate owner sells spatial property to foreigners or companies, the real estate space individuals must stay in real estate or be replaced by the buyer’s space. It will confirm that the owner’s state still has the authority to property.
Also, if someone moves his space to a foreign citizen or company, the buyer must change the object. ‘ International registrationThis gives the buyer’s country the authority to space objects and surrounding assets.
The state can avoid some territorial disputes by enacting the real estate law in the universe that clearly explains how the state’s authority changes when the property is sold. Enactment of property can reduce the legal risk of commercial space companies and support the permanent settlement of the universe and heavenly body.
The US Property Law may also include A Mutual clauseIt encourages other countries to pass similar laws and encourage participating countries to mutually recognize each other’s property.
With mutual termination, property rights can support economic development. Commercial company The world begins to look at the universe as a big area of the next economic growth.
