Can someone legally own a piece of the moon or other celestial bodies?

In recent years, with the rapid advancements in space exploration and even a booming market for "lunar land certificates," the question of whether someone can legally own a piece of the moon or other celestial bodies has become a topic of both fascination and contention. But despite the allure of owning extraterrestrial property, international law firmly states that space belongs to no one.

The 1967 Outer Space Treaty: Foundation of Space Law

The key legal document governing space law is the 1967 Outer Space Treaty (OST), officially named the "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies." Established at the height of the space race, the treaty was adopted by the United Nations and has since been ratified by over 100 countries, including major space-faring nations like the United States, Russia, and China.

The core principle of the OST is clear: no nation or individual can claim sovereignty over the moon or any other celestial body. Article II of the treaty explicitly states that "Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." This means that just as no country can claim ownership of the high seas, no nation can lay claim to parts of space, making it a "global commons."

Space: A "Res Nullius" Territory

In legal terms, space and its celestial bodies are considered "res nullius"—a Latin term meaning "a thing belonging to no one." Res nullius is a principle often applied to unclaimed territories, like the open ocean, where no one entity can exert ownership. In this context, all of space, including the moon, is viewed as a domain that exists for the collective benefit of humanity. Any exploration or utilisation of these areas must align with international standards and agreements.

Space Resources: For the Benefit of All Mankind

Another key principle in the OST is that space is to be used "for the benefit of all countries" and that it should serve as a domain for peaceful purposes. This extends to the use of space resources. The treaty forbids any action that could lead to the militarisation or monopolisation of space by a single country or private entity. Instead, it promotes an ideal of cooperation, mandating that space activities should promote global welfare and advancement.

Can Companies or Individuals "Sell" Lunar Real Estate?

Despite the strict regulations of the Outer Space Treaty, various companies have found a way to capitalise on the public's interest in space by selling what they claim to be "lunar land rights" or certificates of ownership for land on the moon or Mars. These "property rights," however, hold no legal standing. Since nations themselves cannot claim ownership of celestial bodies, they also cannot grant ownership rights to individuals or companies, making any such certificates purely symbolic.

For example, the United Nations has declared that individuals cannot privately own parts of the moon, a ruling reinforced by the Moon Agreement of 1984. This lesser-known treaty attempted to further restrict claims to space property, asserting that any resources found on celestial bodies are the property of all humankind. However, this agreement has not been widely ratified, with many countries choosing not to sign or ratify it, largely due to concerns about its impact on potential commercial ventures in space.

Loopholes and New Space Law Debates

As private space enterprises like SpaceX, Blue Origin, and others gear up for deeper space missions and the potential extraction of extraterrestrial resources, questions around the legality of resource ownership have become more complex. While companies may not own the land, the OST does not specifically ban the collection and use of resources extracted from space.

In response to these ambiguities, several countries have passed domestic legislation attempting to clarify the rights of their companies in space. The U.S. Commercial Space Launch Competitiveness Act (2015), for instance, allows American companies to "own" resources they extract from celestial bodies. Luxembourg has enacted similar legislation, hoping to establish itself as a hub for space mining operations. However, these laws are controversial and have led to significant debate within the international legal community, as they may contradict the OST’s spirit.

The Future of Space Ownership and Governance

With mounting interest in mining asteroids for rare minerals, setting up bases on Mars, and even developing space tourism, the question of space ownership and governance is more pressing than ever. The OST, while groundbreaking for its time, is increasingly considered outdated in the face of modern space activities. There are calls for a new treaty or set of amendments that would address these emerging issues, potentially establishing a regulatory body to oversee space resources and activities.

The Artemis Accords—a recent agreement led by NASA—aims to guide responsible exploration and use of space resources. Although the Accords are voluntary and not legally binding, they propose principles for sustainable space exploration and might serve as a framework for future governance.

Conclusion: Space Belongs to Everyone—and No One

The legal and ethical landscape of space ownership is complex and still evolving. Under current international law, no one—neither nation nor individual—can own the moon or any other celestial body. While companies and governments may attempt to establish policies that support their activities, the OST remains the primary legal framework, upholding the principle that space should benefit all humankind.

Until an updated, globally accepted treaty emerges, the ownership and use of space resources will continue to be guided by these foundational principles. For now, space remains an open frontier—a "final frontier" that belongs to everyone, and to no one.