{"id":26926,"date":"2026-04-19T17:57:51","date_gmt":"2026-04-19T17:57:51","guid":{"rendered":"https:\/\/kedisa.gr\/?p=26926"},"modified":"2026-04-19T19:45:39","modified_gmt":"2026-04-19T19:45:39","slug":"who-owns-space-law-strategy-and-the-emerging-division-of-the-final-frontier","status":"publish","type":"post","link":"https:\/\/kedisa.gr\/en\/who-owns-space-law-strategy-and-the-emerging-division-of-the-final-frontier\/","title":{"rendered":"Who Owns Space? Law, Strategy and the Emerging Division of the Final Frontier"},"content":{"rendered":"

By Alexandra Anargyrou, Analyst KEDISA<\/strong><\/p>\n

 <\/p>\n

Introduction<\/strong><\/p>\n

Who owns space? Legally, the answer appears straightforward: no one. The 1967 Outer Space Treaty (OST) established outer space as a domain beyond national appropriation, intended for peaceful use and for the benefit of all humankind (United Nations, 1967). Yet this legal clarity increasingly contrasts with geopolitical reality. As technological capabilities expand and both states and private actors intensify their presence in space, access to resources and strategic positions is beginning to reflect power rather than law.<\/p>\n

In practice, the principle of non-appropriation is increasingly overshadowed by a reality in which access to space is structured by power rather than governed by law. The question, therefore, is no longer simply who owns space in legal terms, but how space is being shaped in practice. This article argues that while formal ownership remains prohibited, an informal process of strategic division is already underway, driven by national legislation, technological asymmetries and competing governance models.<\/p>\n

The legal foundation and its limits<\/strong><\/p>\n

The OST remains the cornerstone of international space law. Its core principle, that outer space is not subject to national appropriation, was designed to prevent sovereignty claims and preserve space as a global commons (United Nations, 1967). However, the treaty reflects a historical context in which space activities were limited to a small number of state actors and largely focused on exploration rather than exploitation.<\/p>\n

Today, this framework faces significant limitations. The OST does not provide clear guidance on the extraction and commercial use of space resources. This ambiguity has enabled states to develop national legal regimes that interpret the treaty in ways that accommodate resource exploitation. The United States, through the Commercial Space Launch Competitiveness Act of 2015, and Luxembourg through similar legislation, have recognised rights over extracted space resources (Tronchetti, 2015).<\/p>\n

While these developments aim to foster innovation, they contribute to a fragmented legal landscape. Different interpretations of international law coexist without a unifying framework, raising questions about the long-term coherence of the system. The non-appropriation principle is not preventing the division of space; it is obscuring the ways in which that division is already taking place.<\/p>\n

From legal ambiguity to strategic competition<\/strong><\/p>\n

The growing interest in space resources has transformed outer space into an arena of strategic competition. Resources such as Helium-3 and rare earth elements are increasingly viewed as critical for future energy and technological systems (Elvis, 2014). As a result, space is no longer insulated from geopolitics; it is becoming one of its most consequential extensions.<\/p>\n

Major powers are actively positioning themselves within this emerging domain. The United States has promoted initiatives such as the Artemis Accords, establishing cooperation frameworks among aligned partners (NASA, 2020), while China advances its own space capabilities through state-led investment and long-term strategic planning.<\/p>\n

What emerges is not a lawless domain, but a selectively governed one, where rules coexist with power asymmetries rather than constrain them. In this environment, access to space resources and strategic orbits is increasingly shaped by technological capacity and political alignment rather than universally accepted legal norms.<\/p>\n

The emerging division of space<\/strong><\/p>\n

Although formal territorial division remains prohibited, a functional division of space is already underway. This division is not expressed through sovereignty claims, but through differential access, control of infrastructure and influence over governance frameworks.<\/p>\n

States with advanced capabilities are able to secure advantageous orbital positions, develop extraction technologies and shape emerging norms through coalition-based agreements. Private actors further reinforce this dynamic, operating across jurisdictions while relying on national legal protections.<\/p>\n

In practice, this produces a system in which space is not equally accessible, despite its legal status as a global commons. The future of space will not be defined by formal ownership, but by who has the capacity to access, use and control it.<\/p>\n

\u00a0<\/strong>The governance gap<\/strong><\/p>\n

At the core of these developments lies a governance gap. There is currently no comprehensive international mechanism to regulate space resource extraction, coordinate activities or ensure equitable access. Existing institutions lack both the authority and the scope to address the complexity of the evolving space environment.<\/p>\n

This absence of governance is not neutral. It actively shapes behaviour. It encourages unilateral action, reduces incentives for cooperation and increases the likelihood of strategic miscalculation. In contrast to other domains, such as the deep seabed, where institutional frameworks have been established to regulate resource exploitation, outer space remains structurally under-governed.<\/p>\n

The result is a system in which technological capability effectively determines access, while legal norms struggle to retain relevance.<\/p>\n

Towards a strategic approach to space governance<\/strong><\/p>\n

Addressing these challenges requires a shift from purely legal thinking to a more strategic understanding of governance. In contested domains, the objective is not necessarily to eliminate competition, but to structure it.<\/p>\n

First, governance should focus on managing competition rather than resolving it. Stability in complex environments often depends not on consensus, but on the existence of predictable interaction mechanisms.<\/p>\n

Second, incremental and flexible approaches should be prioritised. Coordination frameworks, transparency measures and shared technical standards can create stability without requiring full political agreement.<\/p>\n

Third, governance models must incorporate the role of private actors. As commercial entities become central to space activity, regulatory frameworks must evolve to reflect this hybrid reality.<\/p>\n

Finally, equitable access must remain a guiding principle. Without mechanisms to address disparities in technological capability, space risks becoming an arena where existing global inequalities are reproduced and intensified.<\/p>\n

Conclusions<\/strong><\/p>\n

The question of who owns space cannot be answered solely through legal doctrine. While international law continues to prohibit formal appropriation, the reality of space activity suggests a different trajectory, one shaped by power, access and strategic positioning.<\/p>\n

In the absence of a coherent governance framework, space risks evolving into a domain where competition outweighs cooperation and inequality becomes entrenched. The challenge is not only to preserve the foundational principles of space law, but to reinterpret them in light of changing geopolitical realities.<\/p>\n

Space is no longer beyond politics. It is becoming one of its most consequential frontiers. The question is no longer who owns space, but who is shaping the rules that will define it.<\/p>\n

 <\/p>\n

References<\/strong><\/p>\n

Elvis, M. (2014). How many ore-bearing asteroids?<\/em> Planetary and Space Science, 91, 20\u201326.<\/p>\n

NASA (2020). The Artemis Accords: Principles for Cooperation in the Civil Exploration and Use of the Moon, Mars, Comets, and Asteroids for Peaceful Purposes.<\/em><\/p>\n

Tronchetti, F. (2015). The exploitation of natural resources of the Moon and other celestial bodies: A proposal for a legal regime.<\/em> Leiden: Martinus Nijhoff.<\/p>\n

United Nations (1967). Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty).<\/em><\/p>\n

\u00a0<\/strong><\/p>\n

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