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> Spacex is not a party to the treaty.

I know, and I didn't say it was. Only nations can ratify treaties. However, the OST states that "States shall be responsible for national space activities whether carried out by governmental or non-governmental entities" [1].

> I doubt a treaty from 1967 would hold back SpaceX.

SpaceX is a US corporation and is subject to US law. If maintaining the OST is in the interests of the US then SpaceX would absolutely be held back.

I think of the OST as a sort of Nash equilibrium. Given the current situation (no terraforming on the horizon), it is arguably the best place for everyone to be. If the rules change in the future them some different set of controls would come into play.

[1] http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/intr...




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