Privateering and Profiteering on the Moon and Other Celestial Bodies: Debunking the Myth of Property Rights in Space

Abstract The increasing role ofthe private sector in space creates virtually limitless opportunities. It is axiomatic that activities in space must be conducted in compliance with the applicable requirements of the body of space law. Unfortunately, in their zeal to manufacture a profit, some proponents give insufficient consideration to the implications and ramifications of their ventures vis-a-vis the extant law of outer space, particularly in relation to the non-appropriation principle. Still other purveyors ofproposals are more disingenuous, proffering elaborate yet analytically inadequate rationales to justify either abrogating or disregarding the legal framework applicable to activities in space, especially in regard to assertions of so called “property rights” in space, on the Moon, and on other celestial bodies. This article examines the fallacies of these propositions, and demonstrates that such claims of property rights are both unnecessary and counterproductive to the development of commercial space.