As private companies and citizens move closer to permanent settlement in outer space, the absence of clear governing laws poses a risk of legal chaos. Wayne N White Jr., a space law expert, suggests that establishing national laws defining property rights could prevent territorial disputes. The 1967 Outer Space Treaty prohibits territorial claims, but lacks specifics on how it applies to private entities.
White proposes that enacting real property rights, consistent with the Outer Space Treaty, could offer an alternative to territorial claims. This approach would clarify the authority of settlers and protect their investments. The U.S. has already taken steps in this direction with the Commercial Space Launch Competitiveness Act of 2015, which grants ownership rights to resources extracted in space.
Space property rights would include safety zones to prevent interference, requiring permission for entry. To maintain national authority, the transfer of space property to foreign entities would necessitate changes in international registration. A reciprocity provision in U.S. law could encourage other nations to adopt similar laws, fostering economic development and reducing legal risks for commercial space companies.