Abstract
Current existing international law and treaties on outer space do not address or regulate private actors’ property claims or human settlements in outer space. American companies such as SpaceX and Blue Origin, as well as countries like the United States, Russia, and China, are seeking to create colonies on the Moon and Mars. However, there is no international legal authority to allow or regulate this. In order to legitimize and control this impending outgrowth of human settlements, this paper proposes that the U.N. Trusteeship Council be repurposed to govern non-state actors’ claims of outer space property.
First, this paper explains the development of space exploration among spacefaring nations like the United States and Russia. Second, this paper explores the current controlling law on activities in space with a focus on the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies in 1967 (the Outer Space Treaty, or the OST). The OST is the predominant controlling law among spacefaring nations and strictly prohibits state sovereignty, and therefore state property rights, in outer space. However, it does not speak to non-governmental actors’ claims of property or settlements in space. As we see a rise in space development by private actors, it is imperative to set up an internationally recognized set of rules and regulations to prevent chaos and even war. Third, this paper examines the history of the United Nations Trusteeship Council and how it has been a successful tool in enabling territories to become independent under the guidance of the U.N. To conclude, this paper proposes that the U.N. Trusteeship Council be repurposed to manage resources in the global commons like space. This solution could allow non-state actors to establish settlements on the Moon and Mars while not violating the sovereignty issues in the OST.
Recommended Citation
Andrew Wulf,
Repurposing the United Nations Trusteeship Council to Govern the Establishment of Outer Space Settlements,
45
Nw. J. Int'l L. & Bus.
127
(2024).
https://scholarlycommons.law.northwestern.edu/njilb/vol45/iss1/5
Included in
Air and Space Law Commons, Commercial Law Commons, Comparative and Foreign Law Commons, International Law Commons, Law and Politics Commons, Law and Society Commons, Legislation Commons, National Security Law Commons, Other International and Area Studies Commons, Property Law and Real Estate Commons, Public Law and Legal Theory Commons, Science and Technology Law Commons, Space Habitation and Life Support Commons, Transnational Law Commons
