Legal Aspects of the Exploration of Mars and the Exploitation of Its Resources
Legal Aspects of the Exploration of Mars and the Exploitation of Its Resources

Summary/Abstract: From the very beginning, the main direction of space exploration has been the planet Mars. This is mainly due to the fact that the Red Planet has many similarities to our Earth, in particular the existence of an atmosphere, the lack of extreme temperatures, the presence of minerals and the potential existence of liquid water. Mars should not be an area of international disorder. All the activities of the states involved and their dedicated space agencies must take place within the framework set out by international law. This article is a summary of the views concerning the legal status of Mars and the possible actions of states in reference to this planet. The main problem areas in international law will include issues of economic exploitation of the natural resources of the Red Planet, the establishment of a quasi-international institution managing these resources, confirmation of the legal status of Mars as an area that is not subject to the sovereignty of any particular state, international responsibility for activities in this area, as well as attempts to implement the existing legal systems (analogies) to regulate Mars’s legal status. The analysis of these issues is primarily based on the applicable sources of international law and the recently presented opinions of doctrine of international law, in particular the space law regulations and maritime law. The article is also an attempt to create a summary of legal regulations concerning questions related to the ownership and property rights over the parts of outer space, such as Mars, while presenting for and against arguments shown in the doctrine of international law. The answer to this is an important solution to potential issues of concern once the exploration of the Red Planet becomes feasible, and is an attempt to negate any appropriation activities over the surface of Mars by selected states, or to establish a monopoly on the exploitation of natural resources.

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