StaticEngine said:
The flag thing is International Law for International Waters. It's not up to any one country, it's treaty signed by all nations, and enforced by all nations.
Interesting. I seem to recall an Outer Space Treaty from the 1960s that in principle precludes governments from claiming territory. Thus the USA does not own the moon just because of planting the flag.
But what if having territory on the moon were actually useful, as it might be at some point? Treaty breaking time for whoever establishes bases, I suppose. Or serious re-negotiation.
And is outer space "international waters" or something else? That is a legal question that has not previously been important. The extention by analogy is not obvious.
The real crunch will come, not when private spaceflight as such becomes profitable, but when resources in outer space become economically important. Other than mere presence in orbit as with satellites.
Everything anticipatable about private space flight is already under strict government regulation.
Nobody owns the moon.
What if somebody can reliably and repeatedly make trips to the moon? Not tourist trips, but trips that make money off "native" lunar resources in some way.
Whose law applies? That represented by the national flag of the private spacecraft as it would be on a merchant ship?
Will there be a body of Liberian and Panamanian space law as a result?
Will the flag of Panama be carried to the stars by non-Panamanians because it was once a good flag of convenience for ships passing through the Panama canal at one time?