Abstract
Progress in space technology has made colonization of Mars a realistic goal. Given the extreme environment of Mars, one prerequisite is the construction of habitat units that provide life support, enabling potential commercial investments to take root. The governance of habitat units involves managing investment projects therein, which may originate from other countries and fall under the jurisdiction of those states. Existing space law fails to resolve such jurisdictional conflicts and possible disputes between the states operating the habitat units and investors. Moreover, the absence of sovereignty hinders the application of investment treaties on Mars. Recognizing that establishing sovereignty and concluding treaties regarding investment governance and protection on Mars are remote, this Article proposes a pragmatic transitional solution: designating the states operating the habitat units as host states with habitat jurisdiction over the investments therein. This jurisdiction would supersede that of the investors’ home states. The exertion of effective control by these host states over the units allows extraterritorial application of their investment treaties on Mars. The solution is also applicable to habitat units operated by private entities. This proposal could lay the groundwork for investment governance and protection on Mars and pave the way for future developments in the law.
Recommended Citation
Qiang Cai, Yunqing Liu, and Yawen Zheng,
Governing Investments on Mars: Why a "Host State" is Needed?,
35 Fla. J. Int'l L.
275
(2024).
Available at: https://scholarship.law.ufl.edu/fjil/vol35/iss3/2