‘Who owns the moon?’: The terrifying loophole that could change everything

Produced by: Manoj Kumar

Legal Vacuum

Space settlements are inevitable, but without laws governing property rights, legal disputes could arise. The Outer Space Treaty prevents territorial claims, yet lacks clear regulations for private ownership.

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Treaty Limits

The 1967 Outer Space Treaty, signed by 115 nations, prohibits national claims over celestial bodies. However, it does not define how private individuals or companies can claim, use, or protect assets in space.

Ownership Loophole

While nations cannot claim land, private companies can own resources extracted from space. The U.S. Commercial Space Launch Competitiveness Act of 2015 allows citizens to mine and sell space minerals.

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Safety Zones

The Artemis Accords, signed by 50 nations, introduce “safety zones” to prevent interference in space operations. However, they lack binding authority and leave room for legal conflicts between nations and companies.

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Property Rights

Space property laws could allow owners to lease, sell, and develop land while preventing unwanted interference. Such laws would create a structured marketplace and reduce disputes over extraterrestrial assets.

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UN Challenges

The U.N. Charter’s noninterference principle applies to nations, not individuals. Without clear legal backing, private space settlers may struggle to enforce their right to exclude others from their claimed zones.

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International Conflict

Without national laws, countries could withdraw from treaties and claim territory, leading to military confrontations. Enforcing property rights through agreements could help prevent wars over space resources.

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Economic Incentive

Clarifying property laws in space would encourage investment in commercial ventures, allowing companies to mortgage, sell, and develop extraterrestrial land while ensuring global economic participation.

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Future Framework

A global agreement on space property rights could stabilize settlement efforts, prevent conflicts, and ensure that nations and private entities operate under mutually recognized legal systems.

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