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Government establishes a legal framework for enforcing law. So, rather than allow nations to make claims of territory, let us instead allow private enterprises to go to the Moon or elsewhere, stake a claim, and then, to establish a legal framework for resolving any disputes that arise, choose the government under whose legal jurisdiction their claim will reside. No governments would appropriate territory. They would merely be lending their courts to render judgments on legal disputes arising outside their territories. That would seem to satisfy Article 2. This scheme would not require a new Treaty but could probably be implemented via United Nations resolutions. [emphasis in original]
I actually like this, as it puts the power in the hands of the citizens or companies, allowing them to pick the nation to which they wish to align.
What I find most encouraging however is that the subject of the Outer Space Treaty is now becoming a major issue worth discussing, by many others. I have my ideas, others have theirs. Either way, the issues and weaknesses of the treaty are now being debated, and people are proposing solutions. In the fifty years since the treaty was signed it has previously been impossible to generate this much discussion on this issue. (Believe me, I have tried.) That others are now responding and proposing alternative approaches means that maybe the time has finally arrived where this problem will be dealt with.