A pragmatic approach to sovereignty on Mars

Abstract

Rising interest in Mars colonization from both private and public sectors necessitates a renewed discussion about sovereignty in space. The non-appropriation principle of the Outer Space Treaty currently prohibits any sovereign claims to celestial bodies, but it remains unclear how this principle should be applied to the peaceful colonization of Mars. Here we develop a pragmatic approach to guide the settlement of Mars, which is based upon a "bounded first possession" model with mandatory planetary parks. Scientists, experts, and leaders will establish planetary park locations and regulations through worldwide community solicitation in order to protect sites of scientific, aesthetic, historical, cultural, environmental, spiritual value. Colonization parties may occupy limited plots of martian land and may claim exclusive economic rights within this zone, while still refraining from any claims to sovereignty. All colonists remain under the legal jurisdiction of their host nation, with conflicts to be resolved diplomatically or through a temporary tribunal system composed of representatives from other Mars colonies. We also propose the formation of a Mars Secretariat as an administrative body with limited power to facilitate communication among parties. Our model for Mars colonization remains consistent with the Outer Space Treaty, but we also recommend revisiting or amending the non-appropriation and province of mankind principles to resolve the ambiguity of how nations, corporations, and individuals may utilize the resources of space.