Okay, kids, here's how it works, from what I can determine:
1) Orbital Development has no valid claim. I don't know of any agency with
sufficient authority to give them such a claim. The only one on Earth
capable of doing so would be something like a UN Space Development Authority,
operating under the auspices of an international treaty ratified by at least
75% of the nations on Earth.
2) There is no such Space Treaty. The closest thing we have is something
similar to the Law of the Sea Treaty and Antarctic Treaty, which says lots of
well-meaning platitudes about common ownership of man.
3) Even assuming OD did have a claim, enforcing it would be another matter.
For instance, how would they force NASA to pay them for trespass? How would
they determine the harm? How much is the asteroid worth? Etc, etc.
4) It seems to me that space claims will be settled in much the same way
that Indian Ocean claims were settled by the European powers of 400 years
ago... first to land there gets it, and then it must be backed up with power,
and only at the end, with 'legal authority'.
So... send a probe. Land. THEN stake your claim with an international body.
Under these terms, NASA would have claim... but their charter specifically
forbids it. So, Eros is still free game.
Star Trek, anyone?
-- JHB
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