Specifically, he suggests legislation whereby the US would recognize claims made by private entities, American and others, which meet certain conditions regarding habitation and transportation. While it would recognize those claims, he said, the US government would not attempt to defend those claims by force. “If that’s the case—it’s not an American entity, and it’s not going to be defended by the US government—how could that possibly be a claim of sovereignty?” Simberg asked.
In the white paper, Simberg offers a hypothetical example where, under such a system, the US would recognize a claim made by a company incorporated on the Isle of Man with investors from Dubai. “To say that such a recognition amounts to a ‘national appropriation’ by the U.S. of the legal real estate established with such a claim is plainly absurd,” he writes.
The legislation to do this would be based on a proposal called the Space Settlement Prize Act, which would award claims to private organizations that establish inhabited bases on the Moon and other bodies. Those settlements would have to be permanently occupied with regular transportation that is open to anyone able to pay the fare. The first entity to meet those requirements would be entitled to a claim of 1.5 million square kilometers (600,000 square miles) on the Moon or 9.3 million square kilometers (3.6 million square miles) on Mars; each subsequent claim would be 15 percent smaller.
Simberg said the large size of those claims was designed in part to allow for enough territory for an eventual sovereign state on a body, but also for economic purposes. “It allows an entity to go to investors and raise the money to go out and stake the claim,” he said.
The economic argument is also one of the core reasons for pursing such a property rights scheme. “Property rights are key to economic development,” Simberg said. They provide “equity and financial certainty that underlie the free market economy.” Moreover, he argued, “property rights are the foundation of human liberty.”