Well, stuff in space _is_ scarce, in the sense that it's not infinite, that is. Sure, there's _a lot_ of non-stellar mass in the solar system, but the parts of it that are easily accessible with current technology is really pretty limited. Luna, Apollo asteroids, and the occasional comet, mostly. And to make things even trickier, what happens when people start living out there permanently? That chunk of rock will be just as much 'their' property as any piece of terra firma.
Start with the simplest way to handle ownership claims and see where that goes: You have to go out and stick a flag on it to even have a shot at such a claim being legit. In person, or will a probe suffice? Define "probe"; don't want anyone spamming the surface of Mars with 1" radio cubes and claiming the entire planet as a result. For that reason, I'm inclined to limit ownership claims solely to putting boots on the ground. You own your unmanned probe and anything in produces using unowned resources (so automated factories are allowed), but the body as a whole is still up for grabs.
Of course, how much can you claim? The entire asteroid/cometplanet? Well that sucks. The EU founds a small colony on Mars just a few weeks ahead of the US and Chinese, so they get the whole pie? I guess you could make it a function of how many people you actually have there, but do they have to be there permanently?
And hey, who's going to enforce all this anyway? Considering the potential riches involved, nobody is going to accept a UN ruling that means that country A gets the piece of rock that country B just spent $10 billion putting a mining facility on because A sent a suicide volunteer on a one-way trip to put them on said rock before B.
I suspect that in the end, the 'border's will be decided in the traditional way. Namely, guys with guns moving them around until they conclude that getting a bigger piece of the pie for themselves would be more trouble than it's worth.
Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/MAfKdq_EmUQ/story01.htm
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