Legal and International Context: Law and Disorder

Establishing an appropriate legal framework for human missions to Mars is not as grand a challenge as dealing with the technical, scientific, and human aspects. A strong basis is already provided by the 1967 Outer Space Treaty (OST). The OST stipulates, in brief, that each state is responsible for authorizing and controlling space activities within its jurisdiction. It also sets rules based on cooperation, mutual assistance, and environmental protection to maintain the peaceful nature of space activities. Further, it states that outer space, including Mars, cannot be claimed by any nation. One challenge will therefore lie in developing innovative public–private partnerships and time-limited concessions for resource exploitation in space. Another will be to establish local law and governance systems to deal with matters which cannot be controlled from Earth. Finally, if Martian territories eventually became independent, interplanetary agreements would be needed to ensure peaceful relations with Earth and preserve the mutual interests of generations to come.