from the ask-Heinlein-who-sold-it dept.
Did the Stars and Stripes on the moon signify the establishment of an American colony?
Most likely, this is the best-known picture of a flag ever taken: Buzz Aldrin standing next to the first U.S. flag planted on the Moon. For those who knew their world history, it also rang some alarm bells. Only less than a century ago, back on Earth, planting a national flag in another part of the world still amounted to claiming that territory for the fatherland. Did the Stars and Stripes on the moon signify the establishment of an American colony?
[...] Still, the simple answer to the question of whether Armstrong and Aldrin by way of their small ceremony did transform the moon, or at least a major part thereof, into U.S. territory turns out to be “no.” They, nor NASA, nor the U.S. government intended the U.S. flag to have that effect.
Most importantly, that answer was enshrined in the 1967 Outer Space Treaty, to which both the United States and the Soviet Union as well as all other space-faring nations, had become a party. Both superpowers agreed that “colonization” on Earth had been responsible for tremendous human suffering and many armed conflicts that had raged over the last centuries. They were determined not to repeat that mistake of the old European colonial powers when it came to decide on the legal status of the moon; at least the possibility of a “land grab” in outer space giving rise to another world war was to be avoided. By that token, the moon became something of a “global commons” legally accessible to all countries—two years prior to the first actual manned moon landing.
So, the U.S. flag was not a manifestation of claiming sovereignty, but of honoring the U.S. taxpayers and engineers who made Armstrong, Aldrin, and third astronaut Michael Collins’ mission possible. The two men carried a plaque that they “came in peace for all mankind,” and of course Neil’s famous words echoed the same sentiment: his “small step for man” was not a “giant leap” for the United States, but “for mankind.” Furthermore, the United States and NASA lived up to their commitment by sharing the moon rocks and other samples of soil from the lunar surface with the rest of the world, whether by giving them away to foreign governments or by allowing scientists from all over the globe to access them for scientific analysis and discussion. In the midst of the Cold War, this even included scientists from the Soviet Union.
Case closed, no need for space lawyers anymore then? No need for me to prepare University of Nebraska-Lincoln’s space law students for further discussions and disputes on the lunar law, right?
[...] The very fundamental prohibition under the Outer Space Treaty to acquire new state territory, by planting a flag or by any other means, failed to address the commercial exploitation of natural resources on the moon and other celestial bodies. This is a major debate currently raging in the international community, with no unequivocally accepted solution in sight yet. Roughly, there are two general interpretations possible.
Countries such as the United States and Luxembourg (as the gateway to the European Union) agree that the moon and asteroids are "global commons," which means that each country allows its private entrepreneurs, as long as duly licensed and in compliance with other relevant rules of space law, to go out there and extract what they can, to try and make money with it. It's a bit like the law of the high seas, which are not under the control of an individual country, but completely open to duly licensed law-abiding fishing operations from any country's citizens and companies. Then, once the fish is in their nets, it is legally theirs to sell.
On the other hand, countries such as Russia and somewhat less explicitly Brazil and Belgium hold that the moon and asteroids belong to humanity as a whole. And therefore the potential benefits from commercial exploitation should somehow accrue for humanity as a whole—or at least should be subjected to a presumably rigorous international regime to guarantee humanity-wide benefits. It’s a bit like the regime originally established for harvesting mineral resources from the deep seabed. Here, an international licensing regime was created as well as an international enterprise, which was to mine those resources and generally share the benefits among all countries.
[...] While ultimately it is up to the community of states to determine whether common agreement can be reached on either of the two positions or maybe somewhere in between, it is of crucial importance that agreement can be reached one way or another. Such activities developing without any law that is generally applicable and accepted would be a worst-case scenario. While not a matter of colonization anymore, it may have all the same harmful results.
The European Space Agency plans to start mining for water and oxygen on the moon by 2025.
The agency announced Monday it has signed a 1-year contract with European aerospace company ArianeGroup to explore mining regolith, also known as lunar soil or moon dust.
Water and oxygen can be extracted from regolith, potentially making it easier for humans to spend time on the moon in the future, according to ArianeGroup. The research could also make it possible to produce rocket fuel on the moon, enabling future expeditions to go further into space, the aerospace company said.
[...] The mission would be a collaboration between aerospace scientists and technicians in France, Germany and Belgium. The project is now in the research phase, with scientists hoping to use an Ariane 64 rocket in coming years to send mining equipment to the moon.
First, the Artemis Accords go beyond simply rejecting the unpopular 1979 Moon Agreement, which declared lunar resources to be the "common heritage of mankind" and committed parties to establish an international regime to oversee space mining. Only 18 countries have signed the treaty.
In its place, the accords envisage a US-centric framework of bilateral agreements in which "partner nations" agree to follow US-drafted rules.
Second, the accords introduce the concept of "safety zones" around lunar operations.
Although territorial claims in space are prohibited under international law, these safety zones would seek to protect commercial and scientific sites from inadvertent collisions and other forms of "harmful interference". What kinds of conduct could count as harmful interference remains to be determined.
(2020-06-02) Third European Service Module for Artemis Mission to Land Astronauts on the Moon
(2020-05-16) NASA Wants Partner Nations to Agree to "Artemis Accords" for Lunar Exploration
(2020-03-12) CoronaVirus (SARS-CoV-2) Roundup 2020-03-12
(2018-07-22) Who Owns The Moon? A Space Lawyer Answers
(2018-03-07) China to Recruit Civilian Astronauts, Partner With Russia on Upcoming Missions
(2018-01-09) Russia Assembles Engineering Group for Lunar Activities and the Deep Space Gateway
(2017-10-18) Bigelow and ULA to Put Inflatable Module in Orbit Around the Moon by 2022
(2015-11-26) Who Owns Space? USA's Asteroid-Mining Act is Dangerous and Potentially Illegal
Robert Heinlein explored the notion in a novel. Does the future of space exploration lie with governments or corporations?