author: Jean-Luc Nothias
translation: doxa-louise
To Whom Does the Moon Belong
GETTING CLEAR ON THIS- The entry of private enterprise into the space
exploration game could overturn the legal rules with respect to the
exploration and use of beyond-the-atmosphere space.
The question has been deemed settled for a very long time. Ever since
a treaty uner the umbrella of the United Nations stipulated, in 1967, in
article II that ' Space beyond the atmosphere,including the moon and other
celestial bodies, cannot become the object of nation appropriation through
the proclamation of sovereignty, neither by way of use or ocupation, or by any
other means'. thus the moon belongs to no one (opr to everyone).
Yet space exploration has evolved considerably since 1967. And regulation
has flourished, bilateral or multilateral accords between governments or space
agencies have multiplied. Tons of documents define rules and responsibilities
for space launches, satellites, men in space, the international space station, space
exploration vehicules...The legal rules applicable to space are today very (too) complex,
without an underlying vision. Even specialists in the matter have difficulties finding
their way in what has become an almost intractable jungle. Certainly now that are
appearing the first private enterprises for space flight like Space X. What happens
if one of these gets a footing on the Moon to engage in its development?!
Lunar development is openly permitted
Meanwhile there are claims of lunar property rights proliferating. To the point
where the Intenational Institute of Space Law (IISL) has had to remind us that it
is up to individual states to render illegal such claims to property. The problem
is that not everyone has ratified, or even signed, the space treaty of 1967. As of
January 1 2017, 105 countries have ratified the 1967 treaty (including China, France,
Russia and the United States), while 24 others have merely signed it (signature is less
strong than ratification).
A further international treaty, dated 1979, exmines the eventual development of
the moon and other celestial bodies. Developement which is regulated but
certainly permitted. A mere 11 states have signed, including France and India. But no
major actor, such as the United States, Russia, China or Japan has done so.
And we know that there are projects in the drawers of various space agencies
concerning mining operations: helium-3 ( which could become a super-fuel) and
water on the Moon, magnesium, cobalt or uranium on Mars, gold on various asteroids...
Nonetheless, in announcing a return to the Moon before 2020, and the
establishment of a permanent base in 2024, NASA has primarily emphasized the
scientific nature of the project. And the fact that the moon could serve as a base
for launches of settlements towards other planets.
Hotel Projects?
There are, as well, projected hotels for the moon or in orbit. What body of law
would be applicable here? for now, one can take measure on maritime law. Space
crafts, like boats, fly the flag ovf various countries. Thus it is the law of the country
where it is registered which applies. If a Russian craft is launched from France,
both France and Russia are responsible for this engine coming and going, but inside
the rocket, Russian law applies.
Now for the moon . A number of cranks, here and there on the planet,
pretend to own it. Well best known is Dennis M. Hope ( who appointed himself
President of the Galactic Government), an American citizen who, in 1980, filed
ownership documents for the Moon and all the planets of the Solar System with the
City of San Francisco, with copies to the United Nations and the American and Russian
governments. His company, Lunar Embassy, sells parcels of the Moon. One can thus
buy a lot of some 4000 square meters near the Sea of Tranquility for a bit over thirty
Euros. And receive a stunning certificate of property with a picture of the lot in question
and the geographic characteristics of the area. Which might make a wonderful wall
hanging for a modest amount ( although a do-it-yourself of the same would be cheaper).
Another American brand has gone into this business in 1999. The Lunar
Republic Society is based in New York and also claims to own the Moon.
Of course these securities have no notary-worthy value, yet these companies
claim to have sold millions of square meters of the Moon. To thousands of folks
who are ... perhaps already on the Moon.
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