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Legal framework

Space law in brief: what can and cannot be owned.

  • 7 min read
  • Page 18 of 24
Draft — pending review by qualified counsel

Can anyone own an asteroid? Under international law, the answer is no — and that single fact shapes everything Asteria is and is not. This page walks through the treaties, national laws and naming rules that apply, then states plainly what an Asteria registry entry conveys. It also covers the European rules on crypto-assets and consumer protection that are relevant to selling digital collectibles.

The short version#

  • No one can own a celestial body. The Outer Space Treaty bars appropriation of the Moon and other celestial bodies, and no state can grant or recognise private title to one.
  • National space-resource laws do not change that. They concern resources extracted by authorised operators — not ownership of an asteroid, and not the right to sell one.
  • Names cannot be bought. Official minor-planet names are approved by the International Astronomical Union and are not for sale.
  • What Asteria offers is a digital collectible: a token and certificate recording a registry entry and its Asteria name, with no property right in the asteroid.

The Outer Space Treaty (1967)#

The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies — the Outer Space Treaty — entered into force in 1967. More than 110 states are parties, including every major spacefaring nation.

Article II is the cornerstone. It provides that outer space, including the Moon and other celestial bodies, is "not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means."

The text speaks of national appropriation. But Article VI makes states internationally responsible for national activities in outer space, including those carried out by private companies and individuals, which require authorisation and continuing supervision by the appropriate state. The prevailing view is therefore that private title to a celestial body is not available either: there is no state that could lawfully grant, register or enforce it.

Asteroids are celestial bodies. No sale, registration or certificate — from Asteria or anyone else — can transfer ownership of one.

The Moon Agreement (1979)#

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies — the Moon Agreement — goes further. It declares the Moon and its natural resources the "common heritage of mankind", applies its provisions to other celestial bodies in the Solar System, and states that neither the surface nor the subsurface, nor natural resources in place, can become the property of any state, organisation or person.

It entered into force in 1984, but only a small number of states — fewer than twenty — have ratified it, and none of the major spacefaring powers is among them. Its practical influence is limited, but it confirms the direction of international law: celestial bodies are not property.

National space-resource laws#

Since 2015, several states have passed laws about space resources — material such as water or metals extracted in space. They are often misreported as allowing people to own asteroids. They do not.

JurisdictionLawWhat it doesWhat it does not do
United StatesCommercial Space Launch Competitiveness Act (2015), Title IVEntitles US citizens engaged in commercial recovery to possess, own, use and sell asteroid or space resources they obtain, in accordance with US international obligationsExpressly states that the US does not assert sovereignty, sovereign or exclusive rights, jurisdiction or ownership of any celestial body
LuxembourgLaw of 20 July 2017 on the exploration and use of space resourcesProvides that space resources can be appropriated; requires a ministerial authorisation for operatorsGrants no title to the body the resources come from
United Arab EmiratesFederal Law No. 12 of 2019 on the Regulation of the Space SectorIncludes a permit regime for the exploration, extraction and use of space resourcesGrants no ownership of celestial bodies
JapanSpace Resources Act (2021)Lets licensed operators acquire ownership of space resources they extract under an approved activity planGrants no ownership of celestial bodies

All four laws share the same shape: they concern extracted resources, obtained by authorised operators through real space activities. None grants ownership of an asteroid, and none creates a right to sell one. They are irrelevant to a registry of names, except as a reminder of where the legal line is drawn.

The Artemis Accords (2020)#

The Artemis Accords are a set of non-binding principles for civil space exploration, first signed in 2020 and since joined by dozens of nations. Their section on space resources affirms that extracting and using space resources does not inherently constitute national appropriation under Article II of the Outer Space Treaty. They say nothing in favour of owning celestial bodies — they reaffirm the Treaty.

Names: the IAU position#

Official names for asteroids are assigned through the International Astronomical Union (IAU). For a numbered minor planet, the discoverer is normally invited to propose a name, which is reviewed by the IAU's Working Group Small Bodies Nomenclature (WGSBN) and, if approved, published in the WGSBN Bulletin. The IAU has stated publicly that it dissociates itself from the commercial sale of names for celestial objects, and that such names have no official standing.

Asteria names are therefore registry names: meaningful inside the Asteria registry, on the token and on the certificate — and nowhere else. They are not IAU names, will not appear in official catalogues, and do not replace an asteroid's official designation or name. Registry vs official names explains the difference in depth.

What an Asteria entry conveys#

It does convey:

  • A unique token, recorded on a public blockchain, that you control with your own wallet.
  • A registry entry tied to the asteroid's official designation, with its Asteria name, story and scientific data.
  • A digital certificate and a licence to display its artwork for personal use, as set out in the terms of sale.

It does not convey:

  • Ownership of, or any property right, mining right or other right in, the asteroid or any part of it.
  • An official name, or any standing with the IAU, the Minor Planet Center or any space agency.
  • Any right to profits, revenue, dividends or governance in Asteria.

EU rules on crypto-assets (MiCA)#

The Markets in Crypto-Assets Regulation — Regulation (EU) 2023/1114, known as MiCA — has applied in full since 30 December 2024. It sets rules for issuing and offering crypto-assets and for crypto-asset service providers in the EU.

MiCA generally excludes crypto-assets that are unique and not fungible with other crypto-assets, such as one-of-a-kind digital collectibles. The exclusion is judged on substance, not labels: the Regulation's recitals indicate that fractional parts of a unique asset are not themselves unique, and that issuance in a large series or collection can be an indicator of fungibility.

Each Asteria token is designed to represent a single, distinct registry entry with its own data, name and certificate. Asteria does not plan to fractionalise entries. Whether the collection as a whole falls outside MiCA is a question for counsel and, ultimately, for the competent authorities. Other EU rules — such as anti-money-laundering obligations — may also be relevant depending on the final structure of the marketplace.

Consumer protection in the EU and Italy#

Asteria plans to sell to consumers, so EU consumer law applies alongside any rules on crypto-assets.

Honest marketing#

The Unfair Commercial Practices Directive (2005/29/EC), implemented in Italy through the Consumer Code (Legislative Decree 206/2005), prohibits misleading claims about the main characteristics of a product. Telling a buyer they will own an asteroid, or that a name is official, would be exactly that. Asteria's naming guidelines, copy and metadata are written to avoid it.

The right of withdrawal#

Under the Consumer Rights Directive (2011/83/EU) and the Italian Consumer Code, consumers who buy at a distance generally have 14 days to withdraw from the contract without giving a reason. There are exceptions — notably for digital content not supplied on a tangible medium, where supply has begun with the consumer's prior express consent and acknowledgement that the right is lost. Whether and how this exception applies to a token and certificate is to be confirmed by counsel, and the answer will be set out clearly in the terms of sale before any sale opens.

Open questions for counsel#

Before launch, qualified counsel will review at least the following:

  • Classification of the tokens under MiCA and any national crypto-asset rules.
  • The right of withdrawal and the refund policy for consumers.
  • The jurisdictions in which sales will and will not be offered.
  • Anti-money-laundering and sanctions obligations for the marketplace.
  • Consumer-facing wording across the site, the certificate and the token metadata.
  • The licence terms for certificate artwork and dedications.

This page will be updated, and the change recorded in the changelog, when that review is complete.

Next steps#