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No One Owns Outer Space, But Could Space Mining Change That?

Led by the U.S., a handful of countries has sought to encourage a growing space mining industry, which could challenge old assumptions about a solar system "for all mankind."

By Matt Hrodey and Tree Meinch
Sep 11, 2023 6:00 PM
This view of Earth rising over the Moon's horizon was taken from the Apollo 11 spacecraft
Private companies may soon contend over rights to mine the moon and other celestial bodies. (Credit: BobNoah/Shutterstock)

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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.

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