The race to get humans on Mars has begun. SpaceX’s Elon Musk has said he thinks he can get humans to the Red Planet by 2026. Mars One says that its crew will land on Mars just a year later, in 2027. Nasa’s timeline has humans in Mars orbit by 2033, and on the surface of the planet by 2039. The European Space Agency (Esa) is also eyeing a 2033 Mars mission, while China’s space programme is looking at putting people on Mars between 2040 and 2060. The Martian surface might start to look quite crowded.

When these crews land, they’ll be representing their companies and countries. As they each build colonies and research stations and living facilities on Mars, they’ll be expected to report back to those entities. The Outer Space Treaty, passed in 1967, says 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.” Which means that nations cannot claim Mars (nor can they put nuclear weapons on it).

But the treaty is vague on how to handle individual companies like SpaceX. And while no one nation can claim land on Mars, they can, in theory, use Martian resources whatever they might be. The people who make their new homes on Mars may not own the land they live on, but they do have to report back to a nation or corporate entity that oversees them.