Comment Re:Finally (Score 2) 46
No, the assumption is that nations police what happens within their borders.
No. When the original 1969 Outer Space Treaty was written, the underlying assumption was clearly that only states have the required industrial, economic, and scientific base to launch space missions. Corporations were added into the picture as an afterthought in the 1979 Moon Treaty, but due to other provisions clashing with the era's ideals, that was never widely adopted.
Now, the landscape has changed dramatically, with nation states retreating from space exploration and refocusing resources elsewhere, and corporations (SpaceX, Virgin Galactic, Blue Origin, etc.) taking over the industry. These currently operate under very light regulation - basically they only need to register objects launched by them in the national registries, and that's it (note that I'm talking about orbital operations and beyond, the launches themselves may still be regulated by the local aviation authorities due to use of airspace!), and this is a state that cannot go on for long.
Second, the reason these must given a seat at the table is precisely an extension of your reasoning. You say that corporations can "incorporate in whichever nation they think will be the "best" host" - now extend that, and imagine, based on the news coming out of Amazon warehouses, what happens when Blue Origin establishes a Moon base and incorporates there, outside of all terrestrial jurisdiction.
One, Earth corporate law is woefully unprepared to handle this. Two, Earth law as a whole is unprepared for this scenario. Three, you have to face the reality that the future of space exploration is likely in private hands, and it's a lot better if this happens in a regulated, controlled fashion than if you have a repeat of the Robber Barons of the Wild Wild West.
When I say "give them a seat at the table", I don't mean "bow to them", what I mean is that their achievements and role must be acknowledged, and they must be treated as partners rather than enemies and brought into the framework rather than left to act unchecked.