Nobody does. This was established back in the 1960s with the Outer Space Treaty.
This map shows all the countries that have signed and ratified the treaty (signing roughly shows intent, ratified means you have gone through all due process and your government has ratified the treaty as well).
The ones marked in yellow have signed it but not yet ratified it. And the ones in gray haven't yet signed it.
It is the only international space law we have.
All these countries have agreed not to claim any territory in space. And - it seems that it is in everybody's interests to uphold it - in the 47 years since it was signed, AFAIK no country has suggested withdrawing from the treaty.
Outer Space Treaty
Originally the US had plans to set up a military base on the Moon. But this treaty changed everyone's plans towards peaceful exploration of space.
That's why we don't need to worry that Russia or China will claim the Moon.
It is a treaty that has been signed by all the nations with any space faring aspirations at all including N. Korea.
It is also the reason that nobody has nuclear weapons in orbit - it is the treaty that prohibits placing weapons of mass destruction in space.
Now - you can still get individuals claiming territory in space. Many people have. But - without a government to back them up, their claims are completely meaningless.
There is room for some ownership in the treaty. You own your spaceships and space stations. You also own any habitats you construct in space.
There may also be room to add mining rights. How to do that exactly though is controversial.
Lawyers talk back and forth about that. There are several ways to do it - including, functional rights, and the idea of a zone of safety around your habitat (the ISS already has one of those in effect - if you go close to the ISS then they will take over directing operations for safety reasons - oil platforms have similar rules in the open sea).
The treaty also says that we go into space to explore for peaceful use - and that any exploitation of space is for humanity as a whole. So - if someone goes and mines an asteroid for their own profit - is this in the spirit of the treaty?
Obviously it is incomplete legislation and we will need more space law to clarify these questions as time goes on. But it is an excellent start. It is really hard to get so many countries to agree on space law, and this was a remarkable achievement. The Moon treaty was signed by only a few countries.
The ones marked in yellow have signed it but not yet ratified it. And the ones in gray haven't yet signed it.
It is the only international space law we have.
All these countries have agreed not to claim any territory in space. And - it seems that it is in everybody's interests to uphold it - in the 47 years since it was signed, AFAIK no country has suggested withdrawing from the treaty.
Outer Space Treaty
Originally the US had plans to set up a military base on the Moon. But this treaty changed everyone's plans towards peaceful exploration of space.
That's why we don't need to worry that Russia or China will claim the Moon.
It is a treaty that has been signed by all the nations with any space faring aspirations at all including N. Korea.
It is also the reason that nobody has nuclear weapons in orbit - it is the treaty that prohibits placing weapons of mass destruction in space.
Now - you can still get individuals claiming territory in space. Many people have. But - without a government to back them up, their claims are completely meaningless.
There is room for some ownership in the treaty. You own your spaceships and space stations. You also own any habitats you construct in space.
There may also be room to add mining rights. How to do that exactly though is controversial.
Lawyers talk back and forth about that. There are several ways to do it - including, functional rights, and the idea of a zone of safety around your habitat (the ISS already has one of those in effect - if you go close to the ISS then they will take over directing operations for safety reasons - oil platforms have similar rules in the open sea).
The treaty also says that we go into space to explore for peaceful use - and that any exploitation of space is for humanity as a whole. So - if someone goes and mines an asteroid for their own profit - is this in the spirit of the treaty?
Obviously it is incomplete legislation and we will need more space law to clarify these questions as time goes on. But it is an excellent start. It is really hard to get so many countries to agree on space law, and this was a remarkable achievement. The Moon treaty was signed by only a few countries.
About the Author
Robert Walker
Writer of articles on Mars and Space issues - Software Developer of Tune Smithy, Bounce Metronome etc.Studied at Wolfson College, Oxford
Lives in Isle of Mull
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