Do Mars rules apply to companies like SpaceX, or only governments?

"Most States have subscribed to the principle, albeit by treaty, that States bear international responsibility for national activities in outer space, carried on whether by State agencies or by non-governmental entities"

"authorizes the Department of Transportation and thus the FAA, through delegations, to oversee, license, and regulate commercial launch and reentry activities, and the operation of launch and reentry sites as carried out by United States (U.S.) citizens or within the United States."

"This wholesale assumption of direct State responsibility and international liability for the acts of non-governmental entities is quite unprecedented."

"This proposed rule would align U.S. commercial orbital debris mitigation practices for U.S. commercial launch operations with orbital debris mitigation practices accepted by the U.S. Government and certain other countries."

"The legal position in any event is somewhat obscure, especially since not all the relevant multilateral treaties on outer space are necessarily consistent on the subject."

"The NASA administrator mentioned SpaceX and Blue Origin, two of NASA's largest contractors, but said a team will evaluate all options."

"The Treaty provides that the activity of non-governmental entities shall require authorization and continuing supervision from the appropriate state party to the Treaty."

"Article VI of the Outer Space Treaty imposes two obligations on States Parties: to authorize national space activities, including those of non-governmental entities, and to continuously supervise those activities thereafter."

"Both Blue Origin and SpaceX did receive study contracts in June 2024 for concepts that would incorporate technologies they are developing for Blue Origin’s Blue Moon and SpaceX’s Starship lunar landers."

"“Option 2 is looking at the possibility of going into commercial capabilities: a heavy lander with existing commercial partners,” Nelson said."

"It suggests that non-governmental entities essentially are not the parties with direct international responsibility for their space activities. In other words, they have indirect international responsibility."

"Authorization is read as the act by which responsibility for an activity is engaged; continuing supervision as the condition under which that responsibility is sustained for as long as the activity continues."

"The second option, with projected costs of $5.8 billion to $7.1 billion, would use a commercially provided “heavy lander”."

"The space agency will weigh two different options, or “landing architectures”—one that would use NASA-proven technology and another that would enlist commercial partners."

"The landing platform will also include a redesigned sample loading system for transferring sample tubes from Perseverance to the lander in a way that maintains backward planetary protection, or prevention of contamination back on Earth from Martian dust on the outside of the tubes."

"The fact that non-governmental entities only have indirect international responsibility may lead to create difficult and complicated mechanisms, especially if the non-governmental entities are Multinational Corporations (MNCs)."