Reaching for the Stars ... and the Planets: An Exploration of Ethical Prerequisites for Property Rights in Outer Space

The possibility of human colonies in outer space has fascinated people for decades. However, never in history have we been closer to realizing space colonies, flights, tourism, and mining than today. These new developments trigger new legal questions, the most prominent of which is whether states or even private entities can and should be able to own (parts of) planets and outer space resources. To date, Article II of the 1967 Outer Space Treaty expressly prohibits any ownership claims on outer space. We need to pose the question whether this non-appropriation clause still does justice to our modern reality and, consequently, whether there are conditions under which the recognition of outer space property rights can be reconciled with the peaceful mission of the Outer Space Treaty. Therefore, rather than beginning with the creation of a legal framework, it appears to be beneficial to start the conversation on what these ethical conditions could be. By drawing inspiration from Catholic ethics as expressed in Catholic social teaching, the experiences of the early Church, the teachings of the Church fathers and environmental ethics, this contribution explores why we should deviate from Article II of the 1967 Outer Space Treaty and recognize property rights in outer space, and it determines which ethical conditions need to be taken into consideration to create an ethical framework for outer space property rights.