Extraterrestrial real estate refers to claims of land ownership on other planets, natural satellites, or parts of space by certain organizations or individuals. Previous[ clarification needed ] claims are not recognized by any authority, and have no legal standing. Nevertheless, some private individuals and organizations have claimed ownership of celestial bodies, such as the Moon, and are actively involved in "selling" parts of them through certificates of ownership termed "Lunar deeds", "Martian deeds" or similar.
While personal claims have little weight, whole countries could potentially lay claim to colonizing certain bodies. Extraterrestrial real estate not only deals with the legal standpoints of potential colonization, but how it could be feasible for long-term real estate. There are multiple factors to consider in using another planet for real estate including transportation, planetary protection, astrobiology, sustainability, how to create a real estate market, and the orbital real estate of the planet, as well.
The topic of real estate on celestial objects has been present since the 1890s. Dean Lindsay made claims for all extraterrestrial objects on June 15, 1936. The public sent offers to buy objects from him as well. [3]
The United Nations sponsored 1967 Outer Space Treaty established all of outer space as an international commons by describing it as the "province of all mankind" and forbidding all the nations from claiming territorial sovereignty. [4] Article VI vests the responsibility for activities in space to States Parties, regardless of whether they are carried out by governments or non-governmental entities. The Outer Space Treaty of 1967 had been ratified by 102 countries by 2013, [5] including all the major space-faring nations. It has also been signed but not yet ratified by 26 other nations. [6]
The Outer Space Treaty established the basic ramifications for space activity in Article 1:
"The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind."
It continues in Article 2 by stating:
"Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." [7]
The development of international space law has revolved much around outer space being defined as the "province of all mankind". The Magna Carta of Space presented by William A. Hyman in 1966 framed outer space explicitly not as terra nullius but as res communis , which subsequently influenced the work of the United Nations Committee on the Peaceful Uses of Outer Space. [8] [9]
A subsequent treaty document, the international Moon Treaty—finalised in 1979 (just five countries had ratified it by 1984, but five countries was sufficient for it to be considered officially in force)—went further and forbade private ownership of extraterrestrial real estate. [10] This agreement has not been widely ratified, [5] [11] with only 18 countries having ratified it by 2018. [12]
Several individuals and private organizations claimed ownership of the moon and other extraterrestrial bodies, but no such claims have yet been recognized. A white paper by the Competitive Enterprise Institute suggested legislation whereby the US would recognize claims made by private entities, American and others, which meet certain conditions regarding habitation and transportation. [13]
Some individuals and organizations offer schemes or plans claiming to allow people to purchase portions of the Moon or other celestial bodies. Though the details of some of the schemes' legal arguments vary, one goes so far as to state that although the Outer Space Treaty, which entered force in 1967, forbids countries from claiming celestial bodies, there is no such provision forbidding private individuals from doing so. However, Article VI of this treaty states "The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty." Thus, while it does not explicitly prohibit such schemes, the treaty does require they be authorized by the schemers' government.
The short story The Man Who Sold the Moon by Robert A. Heinlein, which was written in 1949, offers a portrayal of such plans or schemes, and created the concept of a Lunar Republic. Heinlein's 1961 novel Stranger in a Strange Land also refers to a space law case called the Larkin Decision.
Since the 1970s, various companies and "star registries" claiming to sell stars or naming rights to them have been created. [14] [15]
A space ownership issue of current practical importance is the allocation of slots for satellites in geostationary orbit. This is managed by the International Telecommunication Union. The 1976 Declaration of the First Meeting of Equatorial Countries, also known as the Bogota Declaration, signed by several countries located on the Earth's equator, attempted to assert sovereignty over those portions of the geostationary orbit that continuously lie over the signatory nation's territory. [16] These claims did not receive wider international support or recognition and were subsequently largely abandoned. Instead thereafter slots have been internationally allocated.
Two problematic issues arise regarding derelict spacecraft: In orbit around the Earth, 'dead' and abandoned satellites threaten future travel in the same orbits with a spray of deadly debris. In orbit around extraterrestrial planets, non-sterile orbiters in decaying orbits threaten to pollute the remote planets they orbit with Earth-organisms, and hence create a false 'signal' of alien life, possibly destroying or supplanting native life, or infesting its remains.
A prominent environmental problem in near-Earth orbital space is 'space junk'. Human-made refuse left in space endangers prime orbital 'real estate' for future satellites, causing big problems for future use of nearby space. In the case of debris cluttering orbital space, if the orbiting debris continue to build up without remediation, orbits near the Earth will become so crowded with deadly missiles that some operations in space will no longer be attainable. [17]
To remediate the damage already done by human-made objects, astronauts will need to bring specific hardware into space to exterminate the debris. Once cleared, the surrounding space around a planet can then be used for more real estate opportunities. There are specific orbits, however, that have caused ownership debate.[ citation needed ]
Another issue is the crashing of abandoned orbital debris on extraterrestrial planets. Before the 21st century, exploration of other planets in the Solar System raised little concern about contaminating planets with life from the Earth. Since then experiments have shown that some terrestrial life is astonishingly hardy, and the time spent in transit in space is not a guarantee of a sterile spacecraft on arrival. Some 'bugs' will survive the trip, potentially invade the planet, eliminating the chance of determining whether life arose independently on other planets, or in the deep geologic past has spread between the planets of the Solar System via the hypothetical "panspermia" processes. If an old, contaminated orbiter crashes onto an extraterrestrial planet, except in extreme cases, it will no longer be possible to test the panspermia hypothesis with any confidence in the outcome.[ citation needed ]
Space colonization is the use of outer space for colonization, such as permanent habitation, exploitation or territorial claims. Extraterrestrial colonization is its broader form, including the use of celestial bodies, other than Earth, for colonization.
Outer space is the expanse beyond celestial bodies and their atmospheres. It contains ultra-low levels of particle densities, constituting a near-perfect vacuum of predominantly hydrogen and helium plasma, permeated by electromagnetic radiation, cosmic rays, neutrinos, magnetic fields and dust. The baseline temperature of outer space, as set by the background radiation from the Big Bang, is 2.7 kelvins.
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a multilateral treaty that forms the basis of international space law. Negotiated and drafted under the auspices of the United Nations, it was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, entering into force on 10 October 1967. As of March 2024, 115 countries are parties to the treaty—including all major spacefaring nations—and another 22 are signatories.
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law.
Colonization of the Moon is a process or concept employed by some proposals for robotic or human exploitation and settlement endeavours on the Moon. Settling of the Moon is, therefore, a more specific concept of lunar habitation, for which the broader concept of colonization is often used as a synonym, a use that is contested in the light of colonialism.
The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement, is a multilateral treaty that turns jurisdiction of all celestial bodies over to the participant countries. Thus, all activities would conform to international law, including the United Nations Charter.
Asteroid mining is the hypothetical extraction of materials from asteroids and other minor planets, including near-Earth objects.
Space weapons are weapons used in space warfare. They include weapons that can attack space systems in orbit, attack targets on the earth from space or disable missiles travelling through space. In the course of the militarisation of space, such weapons were developed mainly by the contesting superpowers during the Cold War, and some remain under development today. Space weapons are also a central theme in military science fiction and sci-fi video games.
Space advertising is the practice of advertising in space. This has usually been done with product placements during crewed space missions.
Space jurisdiction, a field addressing what countries can enforce various laws in space, has become more important as the private sector enters the field of space tourism. Under the Outer Space Treaty of 1967, while space and celestial bodies cannot be appropriated by nations, objects launched into space and personnel on board them remain under the jurisdiction of the state of registry.
The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash of the nuclear-powered Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the convention.
Space policy is the political decision-making process for, and application of, public policy of a state regarding spaceflight and uses of outer space, both for civilian and military purposes. International treaties, such as the 1967 Outer Space Treaty, attempt to maximize the peaceful uses of space and restrict the militarization of space.
The politics of outer space includes space treaties, law in space, international cooperation and conflict in space exploration, international economics, and the hypothetical political impact of any contact with extraterrestrial intelligence.
In archaeology, space archaeology is the research-based study of various human-made items found in space, their interpretation as clues to the adventures humanity has experienced in space, and their preservation as cultural heritage.
Humans have been present in space either, in the common sense, through their direct presence and activity like human spaceflight, or through mediation of their presence and activity like with uncrewed spaceflight, making "telepresence" possible. Human presence in space, particularly through mediation, can take many physical forms from space debris, uncrewed spacecraft, artificial satellites, space observatories, crewed spacecraft, art in space, to human outposts in outer space such as space stations. While human presence in space, particularly its continuation and permanence can be a goal in itself, human presence can have a range of purposes and modes from space exploration, commercial use of space to extraterrestrial settlement or even space colonization and militarisation of space. Human presence in space is realized and sustained through the advancement and application of space sciences, particularly astronautics in the form of spaceflight and space infrastructure.
The Declaration of the First Meeting of Equatorial Countries, also known as the Bogota Declaration, is a declaration made and signed in 1976 by eight equatorial countries, and was an attempt to assert sovereignty over those portions of the geostationary orbit that continuously lie over the signatory nations' territory. These claims have been one of the few attempts to challenge the 1967 Outer Space Treaty, but they did not receive wider international support or recognition. Subsequently, they were largely abandoned.
The space policy of the United States includes both the making of space policy through the legislative process, and the implementation of that policy in the United States' civilian and military space programs through regulatory agencies. The early history of United States space policy is linked to the US–Soviet Space Race of the 1960s, which gave way to the Space Shuttle program. At the moment, the US space policy is aimed at the exploration of the Moon and the subsequent colonization of Mars.
Asgardia, also known as the Space Kingdom of Asgardia and Asgardia the Space Nation, is a micronation formed by a group of people who have launched a satellite into Earth orbit. They refer to themselves as "Asgardians" and they have given their satellite the name "Asgardia-1". They have declared sovereignty over the space occupied by and contained within Asgardia -1. The Asgardians have adopted a constitution and they intend to access outer space free of the control of existing nations and establish a permanent settlement on the Moon by 2043.
Space sustainability aims to maintain the safety and health of the space environment.
Space ethics, astroethics or astrobioethics is a discipline of applied ethics that discusses the moral and ethical implications arising from astrobiological research, space exploration and space flight. It deals with practical contemporary issues like the protection of the space environment and hypothetical future issues pertaining to our interaction with extraterrestrial life forms.