The international treaty to which virtually every country in the world is a party to states that parties cannot appropriate any part of Space
Read more: http://www.dailymail.co.uk/sciencete...#ixzz4ZROe8oFM
It sounds like outerspace/the space between... say the Earth and the Moon, as an example of that, is inclusive in this international treaty when talking about celestial bodies and who can claim them. It's saying that they belong to all nations and not just those ones who were there first... and this includes any part of 'outerspace' too.
Excellent post on what Ivo was saying about He3 and it sure sounds like we need it here on Earth for nuclear power plants. We've had the technology to get to the moon since the late 60's so I'm wondering why we've been holding off on making trips back and forth to the moon for that gas. When you think about it, that's very unsettling.
The law is only addressing space exploration and not exploitation for monetary gain of the celestial body's resources by any nation; let alone any private commercial conglomeration.