Why would there be territorial wars if Musk's early setters declared themselves an independent polity? Without any oceans there's a lot of room on Mars.then we have a right to litter it with small pox laden peace blankets.
The idea here is to avoid territorial wars.
The reality is that almost every colony established off earth will eventually want it's independence. In fact I suspect that once space colonies become practical a lot of groups will emigrate off earth to create the unique societies that they want to live in. The tyranny of not enough room and limited resources may melt away as we expand through the Solar System.
Spouting legal gobbledygook like this author does strikes me as deeply unimaginative and overly legalistic.