Article · Aviation

Who Owns the Moon? Property, Liability, and Debris in the Commercial Space Era

51 U.S.C. § 51303

Type
Article
Jurisdiction
National
Date
2025-05-15
Topic
Aviation

A 1967 treaty written for two superpowers now governs an industry of thousands of satellites and dozens of private launch companies, and the seams are showing. This article works through what the Outer Space Treaty actually says and what it leaves open, beginning with the non-appropriation principle that forbids national sovereignty over celestial bodies and the surprisingly open question of whether that forbids private property in extracted resources. It explains why Article VI makes a government legally responsible for what its companies do in space, which is the reason licensing regimes exist at all, and how the two liability regimes of the 1972 Convention allocate risk between absolute and fault-based standards. It then covers the American licensing stack, from FAA launch and reentry authorization through FCC spectrum and orbital debris rules, NOAA remote sensing licensing, and export control, and the financial responsibility and cross-waiver architecture that makes launch insurable. Later sections cover orbital debris and the collective action problem it presents, the informed consent regime for human spaceflight and its expiring learning period, and the gap in law governing everything that happens between launch and reentry.

Who Owns the Moon? Property, Liability, and Debris in the Commercial Space Era

Aviation > Space Law | Published 15 May 2025 - Updated 19 June 2026 | UpLaw - uplaw.us

In brief. Outer space is governed by a treaty drafted when two governments did all the flying, which says states may not claim territory, must authorize and supervise their nationals' activities, and are internationally liable for damage those nationals cause. Every domestic licensing regime in the world exists because of that third sentence. Almost everything else — property in mined resources, traffic rules, debris responsibility — is being worked out in real time.

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