That little snippet where SpaceX recognizes Mars’s independence is so far away from becoming a reality worth recognizing, that the laws of today will have little relevance when it does. Remember that these laws and agreements have been created in an environment where space colonization is considered Science Fiction (and it still is, except probably in this sub). Another way of looking at it is if there was a significant push to try to inhabit the open ocean (as in trying to make a living there with permanent residencies), the laws and treaties would be shaped to make that possible much in the same manner as it has been made for land in the past.
The spirit of these treaties was to prevent sovereignties from making arbitrary claims on uninhabitable resources that are otherwise accessible to anyone. SpaceX recognizing Mars as independent does not go against that spirit, so if the treaties are a boundary then it is likely that the treaties will be changed if the time comes. Who’s gonna stop him, I mean if he’s the only one with the tech ( it’s a private company bound to no government) then why does he have to obey this? Once he’s on Mars or the moon and fully set up, there’s not gonna be an America or China there to take a slice of his, or whoever joins him, pie.
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