What Law Governs on Mars?
The 1967 Outer Space Treaty
Much talk about Mars and getting there within the next four years, and even (potentially) setting up a mini-colony and/or personnel there.
As a practical matter, let’s face it — at least at the start it is mostly likely to be a one-way trip.
And so for those there, what law will govern them? American? European? Other?
It might be just this lawyer wondering, and so I wondered and looked.
Did you know there is a treaty in force and effect, for many decades, agreed by 115 nations?
The 1967 Outer Space Treaty.
Any country can go to any other country’s settlement.
One may not “claim” the moon.
Astronauts are envoys of all mankind.
Here some key provisions of the Outer Space Treaty [AI Summary]:
Exploration and Use of Outer Space 1 2:
Outer space, including the Moon and other celestial bodies, shall be explored and used for the benefit of all countries, regardless of their economic or scientific development.
Exploration and use of outer space shall be free for all States without discrimination, on a basis of equality and in accordance with international law.
There shall be freedom of scientific investigation in outer space.
Non-Appropriation 2:
Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, use, occupation, or any other means.
International Law and Peace 3:
Activities in outer space shall be carried out in accordance with international law, including the UN Charter, to maintain international peace and security and promote international cooperation.
Weapons and Military Activities 3:
States agree not to place nuclear weapons or other weapons of mass destruction in Earth orbit, on celestial bodies, or station them in outer space.
The Moon and other celestial bodies shall be used exclusively for peaceful purposes.
Military bases, weapons testing, and military maneuvers on celestial bodies are forbidden.
Astronauts 3:
Astronauts are regarded as envoys of mankind and shall be given all possible assistance in case of accident, distress, or emergency landing.
International Responsibility 3 4:
States are internationally responsible for national activities in outer space, whether carried out by governmental or non-governmental entities.
Non-governmental activities require authorization and supervision by the appropriate State Party.
Liability 4:
Each State that launches or procures the launching of an object into outer space is internationally liable for damage caused by that object.
Jurisdiction and Ownership 4:
States retain jurisdiction and control over objects launched into space and registered to them.
Ownership of objects in space is not affected by their presence in space or return to Earth.
Cooperation and Consultation 4 5:
States shall be guided by the principle of cooperation and mutual assistance in space activities.
States shall avoid harmful contamination of space and adverse changes to the Earth's environment.
International consultations are required for potentially harmful activities.
Information Sharing 5:
States agree to inform the UN Secretary-General, the public, and the scientific community about their space activities to the greatest extent feasible.
Access to Facilities 5 6:
All stations, installations, and space vehicles on celestial bodies shall be open to representatives of other States Parties on a reciprocal basis.
These provisions form the core principles governing the exploration and use of outer space as outlined in the Outer Space Treaty.
If you would like to see the entire Outer Space Treaty, it is here.