Elon Musk has recently delivered his highly-anticipated "Making Humans A Multi-planetary Species" keynote at the International Astronautical Congress. He shared the recent update on his Interplanetary Transport System. He also laid out his plan in colonizing Mars. Everyone knows now that it is his ultimate goal. It will be such a feat. However, the question is on its legality.
The International Institute of Space Law's Director Joanne Gabrynowicz was recently asked by Gizmodo. The question to her is whether going to Mars is even legal. The report indicated that she gave a complex answer. But it was simplified to the absence of a legal framework for most of Musk's vision.
Apparently, Musk neither has permission to send a single robotic probe nor people to Mars. She said that there is no current legal regime for on-orbit activities. The legal line seems to be unclear. Musk does not seem to worry about it at present.
However, the said mission still has to be authorized by appropriate agencies. In the case of Musk and SpaceX, that's the Federal Aviation Administration (FAA). They are very aware of that. It is a long-standing protocol.
The FAA has the power to regulate everything about American civil aviation. It issues a certification of personnel and aircraft. It has jurisdiction to anything that is launched into orbit. That also includes the re-entry of commercial spacecraft.
The problem is FAA does not licensed activities done on celestial bodies. Musk must seek another authorization to build such colony on Mars.
The Outer Space Treaty Of 1967
Naturally, the outer space is not exclusively owned by anyone. Musk will break some principles in the Outer Space Treaty of 1967. The said treaty provides the basic framework in international space law. It can be found in the United Nations Office for Outer Space Affairs website.
It states that the use of outer space should be for the benefit and interests of all countries and mankind. It should also be free for exploration and use by all member States of the United Nations. Furthermore, it is not subject to national appropriation of sovereignty. That includes Musk's plan of occupying Mars.
Gizmodo also explained it well by saying that whoever lives on Mars will be considered squatters or pirates. The said names are the least of Musk's worries.
