FOUNDATIONS OF MARTIAN LAW

The Outer Space Treaty serves as the foundation of Martian law, with Mars falling under the category of “other celestial bodies” referenced in the treaty.

As a “celestial body”, under Article II of the Treaty, Mars is not subject to national appropriation by any Earthly nation state, and per Article I, is to be considered “the province of all mankind.” In this respect, it’s legal status is the same as that of the Moon. However, Mars’ legal treatment differs from the Moon in some key legal and practical respects.

Despite the fact it has not been signed by any of the major spacefaring nations, there is an international agreement pertaining specifically to the Moon, aptly titled the Moon Agreement. This agreement specifically prohibits all appropriation of lunar resources by both state and non-state parties. By contrast, there is no equivalent international legal treatise regarding Mars. Notwithstanding this, for those parties that have signed the Moon Agreement, under Article 1(1) its provisions also apply to “other celestial bodies in the solar system, other than the earth.” As such, it will apply with respect to Mars.

In practical terms though, Mars is much farther away from Earth than the Moon. At closest approach, it is 200 times farther away. So as difficult as it will likely be to enforce a legal regime on the Moon in the relatively near future, enforcing a legal regime applicable to public and private entities of different national origins operating on Mars is likely to be a considerably more trying task.

How will the law apply with respect to Martian colonization? ->