Abstract
The Outer Space Treaty is based on the idealistic principle that space is the common heritage of mankind and prohibits the acquisition of territory by states in space. However, as space becomes increasingly accessible, this principle has come under threat. Private actors and more developed states are far more capable of accessing space than less developed states. Accordingly, these developments have threatened the basic ideals of the Outer Space Treaty that a vast majority of states have agreed to. This Note will introduce and explore the background and development of the Outer Space Treaty to explain these idealistic principles and the problems that they face today. This Note explores previous methods of territorial acquisition found in international law, along with private methods of property acquisition. Finally, this Note will present a proposal for allowing territorial acquisition in space while still respecting the founding ideals of the Outer Space Treaty.
Recommended Citation
John Swansinger,
Ad Astra: Now Is the Time to Allow States to Claim Territory in Space,
74 Clev. St. L. Rev.
849
(2026)
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol74/iss3/12