Space Rights Proposal To Be Launched At Lunar Conference

spacedaily.com ^ | 17 Nov 03 | staff

[RightWhale]

Space Rights Proposal To Be Launched At Lunar Conference

Waikoloa Beach - Nov 17, 2003

From Sunday November 16 through to Nov 22, the International Lunar Conference 2003 is being held in Hawaii with the stated purpose of getting us back to the Moon. Many countries and space agencies are sending large delegations, and among the gueats speakers are Moon astronauts John Young and Harrison Schmitt. John Young, still working at NASA, has gained much attention for his statement that "Single-planet Species do Not Last".

The conference is also expected to see the launch of a new proposal aimed to solve the issue of extra-terrestrial property rights. Clear, internationally accepted rules for the useage of lands beyond Earth is today one of the most crucial issues in the opening up of the space frontier. But for many years, the debate has been focused more on differing political systems and values, rather than finding practical solutions acknowledging the realities of our time.

According to the United Nations "Outer Space Treaty", signed by the US, the Moon and other worlds "shall be the province of all mankind". In the "Moon Treaty" it is further elaborated that it cannot be anyone's property. To some, this is a major road block preventing us from doing business in space. A rule limiting our freedom and imposing Earthly laws and bureaucracy to the free realms of space. To others, it's a very beautiful idea - that the heavens belong to all of us - and a strong mark against the export of old territorial thinking to this new frontier.

A few American entrepreneurs, opposing these treaties, have taken the matter in their own hands and registered entire worlds as being their own property. Dennis Hope of the Lunar Embassy claims to be the owner of the Moon, and Gregory Nemitz of Orbital Development claims to own asteroid Eros, simply because they say they were the first. In addition, the Lunar Embassy is even selling off small pieces of the Moon to people around the world, stating that the buyers actually own their lands.

In Europe, many citizens see these sales as a fraud. You can't own the whole Moon, nor refer to American constitutional rights or sit behind your desk and claim these ownerships without having been there, they say. To further visualize the stupidity of these claims, Virgiliu Pop, a Romanian space law expert, registered his own ownership claims for the Sun - with the only difference he didn't start to sell off his sunshine...

Although many Europeans welcome commercial activities on the space frontier, most people maintain this is an international issue which must be solved through international agreements and understanding. The new proposal to be presented at ILC 2003 in Hawaii, therefore aims to harmonize the need for commercial rights in space with existing treaties. These respective interests do not have to oppose each other, the paper's author Hans Starlife says, suggesting a shift in approach from "Property Rights" to "Useage Rights".

The UN vision of space as our Common Heritage is a very beautiful principle deserving to be kept alive. But space industrialists could gain nearly the same rights and opportunities as they would through a regular ownership, by instead gaining the rights to use these lands. The only difference is that this solution does not violates any existing treaties. All parties will be happy.

[RightWhale]

There is no means to register a claim to space resources. The UN can own nothing, so the UN cannot take registration of celestical claims. This is not the province of the UN, but of individual countries. Where is Pres Bush on this question?

[Semper Paratus]

Part of the definition of 'ownership' is the ability to excercise and enforce ownership rights.

[finnman69]

Get some moon factories set up and tell the naysayers, come kick us off.

[RightWhale]

ius et dominium. The ability to deny use to all other men. A lease arrangement would be more British than American. Kofi Annan--the King, a concept Americans would fight.

[NormsRevenge]

.. "All parties will be happy."

HA!!

[RightWhale]

Get some moon factories set up and tell the naysayers, come kick us off.

Yet another drugstore paperback. This isn't the Plymouth Mayflower charter ship. There aren't any Indians on the moon to show the Pilgrims how to plant corn. The best part as far as the UN is concerned, is that nothing need be done--just wait a little while and the moon will take care of the problem.

[presidio9]

It may take longer than you think.

[Fudd]

The "in trust for all mankind" statement the UN and other feel-gooders promote will be worth absolutely nothing the second someone goes there, stays there, and finds a profitable enterprise there.

[Mamzelle]

re: the second someone goes there, stays there, and finds a profitable enterprise there. )))

Won't happen for a hundred years, if ever. Better plan on making your life on earth worth something, Hotshot "Single-planet species" Young.

(space cadet hubris hurl...)

[RightWhale]

the second someone goes there, stays there, and finds a profitable enterprise there.

As if that will happen with no mechanism for establishing private property rights. Maybe Bill Gates has enough net worth to do this, but he would have to sell his MSFT, which would decline from $25 to 25 cents if he tried such a thing. Real investors won't go near anyone who wants to start up a moon enterprise. Especially moon tourism, which won't make money anyway.

[RightWhale]

The moon always looked dry as Osama's dessicated bones to me. If someone wants to start a moon settlement, they need to work out the hydrogen and carbon shortage. There is plenty of oxygen, so with hydrogen they could make water. it's going to cost plenty, and it's going to take a while. Not cheap and moon mining won't be profitable.

[demlosers]

...Where is Pres Bush on this question?

He probably agrees with you and would like to withdrawal from the Outer Space Treaty. But the Bush Administration is not going to opt-out unless they feel the time is right. Because they may not want this to be an issue for the leftist?

Again a but - by waiting for what they feel is the 'right' time,(I believe you agree) it inhibits the expansion of space exploration by private enterprise. Why take a chance if you can't profit?

It's going to be a long wait.

[RightWhale]

Bush's campaign promised while they were at Johnson Space Center that the Bush admin would look into private property rights in outer space Granted, it wasn't Bush himself who said that, but he ought to follow through. Yes or no, look into it and announce the policy. If the answer is no, we will remain on earth. If yes, the rush will be on.

[demlosers]

Well that's better than I thought. I didn't know they addressed the issue. Maybe after 2004 elections when he kicks the @ss 1 of the nine dem dwarfs? Gives me hope.

[RightWhale]

If I were resident on Pennsylvania Ave I would have moved a lot quicker on that issue, WTC911 or not. The Admin has 1000s of attorneys and researchers, surely one could be spared for a couple of hours.

[mrsmith]

"These respective interests do not have to oppose each other, the paper's author Hans Starlife says, suggesting a shift in approach from "Property Rights" to "Useage Rights". "

Then the "usage" of the "property" will be as a place to bury the person who tries to take it from the owner.

The people opposing the UN space pirates sound as silly as the UN. When someone can defend what he has in space then that will be his property. That's a long way off, even if the Moon is full of millions of years worth of hydrogen from the solar wind.

[RightWhale]

In order for an agency to grant usage rights, the agency would itself need to possess ownership rights. The UN, of course, owns nothing. The agency would have be one of the signatory parties, yet they have specifically signed away any future interest. There might be a recognized country somewhere that didn't sign the treaty, like an off-shore country that registers corporations or ships. Even they would have a problem asserting a territorial claim in outer space, so usage looks like yet another fleeting idea.