Commercial mining

From Up, Up and ... Back: The Emergence of Space Tourism and Its Impact on the International Law of Outer Space

Steven Freeland

In the absence of "sovereignty," it is not possible under existing international space law to assert that any particular jurisdiction applies to the area on which the hotel is to be constructed. Without a right of any state to exercise jurisdiction-that is to make (and enforce) laws-it is impossible to determine how such a title can be established.

The international law of outer space has until now dealt with issues of jurisdiction through a system of registration. Under the Outer Space Treaty, "jurisdiction and control" over a space object and its personnel "while in outer space or on a celestial body" is vested in the State that registers that object pursuant to the Registration Agreement. The definition of a "space object" is vague and is unlikely to include a structure such as a hotel, which is designed as a stationary (semi-) permanent construction.

Moon Agreement, art 1 (cited in note 9). Article I of the Outer Space Treaty (cited in note 11) provides that outer space "including the moon and other celestial bodies, shall be free for exploitation and use by all States" and that there shall be "free access to all areas of celestial bodies." Article 4(1) of the Moon Agreement provides that "[t]he exploration and use of the moon shall be the province of all mankind."