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posted by martyb on Monday July 23 2018, @01:58AM   Printer-friendly
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.


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  • (Score: 5, Insightful) by realDonaldTrump on Monday July 23 2018, @03:05AM (8 children)

    by realDonaldTrump (6614) on Monday July 23 2018, @03:05AM (#711036) Homepage Journal

    America, the Indians lived here for thousands of years. But they didn't own the real estate, they had no idea what it meant to own a piece of land. Until we came, we gave them that idea. And they gave us so much land. Tremendous gift. Although, sometimes we had to fight for it. But, now it's ours.

    Space, it's much easier. There's nobody there. No funny languages to learn. And nobody to fight.

    And people say, "oh, there's a treaty!" My predecessors made many treaties with the Indians too. Many many treaties. And as soon as they got what they wanted, they forgot all about the treaties. Like they never existed. Believe me, we can still do that -- as I did with the horrible Iran Deal. Which, by the way, wasn't even a treaty. If you look at the legal of that one, not really a treaty. Just another Obama number.

    I'll tell you what we're gonna do, right -- we get greedy, right? Now we're gonna get greedy for the United States. We're gonna grab and grab and grab! We're gonna bring in so much money and so much everything, we're gonna make America great again folks, I'm telling you, we're gonna make America great again. I want our great Corporations out there. In outer space. Taking outer space and making it American. And our great Space Force will protect them -- so long as they pay their Space Taxes. I mean, everybody pays taxes, right? I pay, and you pay. Very fair!

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  • (Score: 0) by Anonymous Coward on Monday July 23 2018, @03:25AM (4 children)

    by Anonymous Coward on Monday July 23 2018, @03:25AM (#711041)

    Would be funny if it wasn't sad.

    • (Score: 2, Informative) by Anonymous Coward on Monday July 23 2018, @03:31AM (3 children)

      by Anonymous Coward on Monday July 23 2018, @03:31AM (#711045)

      They were pulling one on the 'white man'. If you look at it as if they were selling you the Brooklyn bridge. What they did made more sense. It was a big con to them. Right up until they found out 'ownership' meant get the fuck out of here. I did quite a bit of research on this in college. I too believed we 'stole' their land. Until I found out who was doing the selling and what really went down. There was plenty of shame to go around. However, I think they are doing just fine now. They were able to turn a vice into a virtue. Gambling was a long held tradition amongst them. But you do not have to take my word for it. You can research it yourself. Look into gaming and indians. You will find out quickly what really went down.

      • (Score: 0) by Anonymous Coward on Monday July 23 2018, @03:58AM

        by Anonymous Coward on Monday July 23 2018, @03:58AM (#711052)

        They were able to turn a vice into a virtue.

        Heh, perchance, are you talking about:

        we get greedy, right? Now we're gonna get greedy for the United States.

        when you mention turning the vice into a virtue?

      • (Score: 0) by Anonymous Coward on Monday July 23 2018, @03:02PM (1 child)

        by Anonymous Coward on Monday July 23 2018, @03:02PM (#711260)

        how the fuck is this offtopic

        • (Score: 0) by Anonymous Coward on Monday July 23 2018, @08:20PM

          by Anonymous Coward on Monday July 23 2018, @08:20PM (#711424)

          what the fuck does it have to do about the Moon and who owns it? Digressed pretty heavily there, didn't we?

  • (Score: 1, Interesting) by Anonymous Coward on Monday July 23 2018, @07:45AM

    by Anonymous Coward on Monday July 23 2018, @07:45AM (#711098)

    It might be the case that Native Americans didn't have a sense of *individual* land ownership or title; but it seems quite obvious they had a sense of collective ownership over certain territories. If tribe A started hunting on tribe B's land without permission, that's war.

  • (Score: 4, Insightful) by DannyB on Monday July 23 2018, @02:32PM

    by DannyB (5839) Subscriber Badge on Monday July 23 2018, @02:32PM (#711238) Journal

    Londo Mollari: ". . . but treaties . . ."

    Lord Refa: "Ink on a page."

    --
    Biden needs to mandate an official static TCP port for running 'finger' with TLS 1.3.
  • (Score: 2) by DeathMonkey on Monday July 23 2018, @05:30PM

    by DeathMonkey (1380) on Monday July 23 2018, @05:30PM (#711330) Journal

    Space, it's much easier. There's nobody there....

    He thinks America is going to get there first..... How quaint!