If you landed on the moon today and conducted a thorough survey of the landscape, you would encounter multiple U.S. flags and a single Chinese one upon its dusty surface.
These national symbols, however, bear little weight when it comes to land claims and territorial jurisdiction in this realm. That’s because international terms have established that no nation can claim land in outer space or upon any celestial body – no planet, moon or asteroid.
Such places are “the province of all mankind,” according to the Outer Space Treaty signed by the U.S. and many other countries in 1967. But debate continues over whether the accord prohibits private industry from operating in outer space, particularly space mining.
If Acme Moon Company flies to the Sea of Tranquility, collects a moon rock, and returns home, does it enjoy full property rights over the rock? Or has Acme violated international law?
As nations gear up for a new space industry race, the answer to this question remains murky.
