What are the laws actually guiding issues like this? Who actually owns space bodies? Is outer space actually a no man’s land?
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I am not a space lawyer.
Space activities are governed by the 1967 [Outer Space Treaty](https://en.wikipedia.org/wiki/Outer_Space_Treaty), signed by most spacefaring countries. The relevant provisions for our billionaire are:
* outer space is not subject to national appropriation by claim of sovereignty
* the Moon and other celestial bodies shall be used exclusively for peaceful purposes;
* States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
* States shall be liable for damage caused by their space objects; and
* States shall avoid harmful contamination of space and celestial bodies.
In short, no nation can own the moon, or any part of it. And since the property rights of individuals are upheld by their nations, nobody can own any part of the moon. (Or at least, your country won’t protect you from claim-jumpers if you try.)
Our billionaire’s spacecraft is under the jurisdiction of their country. If they’re American, they have to answer to the US for anything they do in space.
Our billionaire is liable for any damage caused by their activities, and may not contaminate the space environment. Their country is responsible for making sure they don’t.
But the law puts no restrictions on what activities can be carried out on the moon, so long as they’re “peaceful” and don’t cause “damage” or “contamination”.
So the key question is, does being buried on the moon damage or contaminate it? We probably don’t have to worry about biological contamination, since the Moon itself will kill off any bacteria, but someone could argue that it damages and contaminates the natural lunar landscape. Sure, but what about all the trash dumped by the Apollo astronauts? Expect a legal battle about what constitutes “contamination”, if someone tries.
But then there’s the bigger question, of whether the Outer Space Treaty will actually be enforced by nations, once it’s not just a theoretical discussion about the future, but a practical reality involving trillions of dollars of territory and mineral rights. I don’t think anyone has an answer to that.
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