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Everyone is planning to return to the moon. At least 10 missions by half a dozen nations are scheduled before the end of 2021, and that's only the beginning.
Even though there are international treaties governing outer space, ambiguity remains about how individuals, nations and corporations can use lunar resources.
In all of this, the moon is seen as an inert object with no value in its own right.
But should we treat this celestial object, which has been part of the culture of every hominin for millions of years, as just another resource?
[...] As a thought experiment in how we might regulate lunar exploitation, some have asked whether the moon should be granted legal personhood, which would give it the right to enter into contracts, own property, and sue other persons.
Legal personhood is already extended to many non-human entities: certain rivers, deities in some parts of India, and corporations worldwide. Environmental features can't speak for themselves, so trustees are appointed to act on their behalf, as is the case for the Whanganui River in New Zealand. One proposal is to apply the New Zealand model to the moon.
[...] Can we support the legal concept of personhood for the moon with actual features of personhood?
Journal Reference:
Eytan Tepper, Christopher Whitehead. Moon, Inc.: The New Zealand Model of Granting Legal Personality to Natural Resources Applied to Space, New Space (DOI: 10.1089/space.2018.0025)
(Score: 2, Interesting) by oumuamua on Wednesday September 02 2020, @04:49PM (4 children)
'First to stake a claim' is not such a bad thing and is what is going to happen anyway. This will start up a space race and truth be told, America needs something like this. Without Sputnik there would have been no Moon push in the first place.
(Score: 2) by JoeMerchant on Wednesday September 02 2020, @05:51PM (3 children)
It's not at all about staking a claim, it's about defending that claim.
If the Apollo 11 landing site turns out to be located on a large shallow deposit of unobtainum, you can bet it will be disrespected by whatever business interest is operating in the region at the time (including NASA.) Maybe they'll relocate the artifacts, if it's not too much effort.
Just staking the claim doesn't deter future miners. What _should_ happen is those with claims should be entitled to the right to develop their claim, or be compensated for such development as they have done if others want to take over their interest. What _does_ happen has more to do with might, and the ability to project force in theater, than right, or law.
Україна досі не є частиною Росії Слава Україні🌻 https://www.pravda.com.ua/eng/news/2023/06/24/7408365/
(Score: 0) by Anonymous Coward on Wednesday September 02 2020, @07:05PM
I heard they already relocated them, to a warehouse south of the van helen expressway.
(Score: 2) by Immerman on Friday September 04 2020, @12:18AM (1 child)
Not to mention, at present I don't believe there is any country on Earth that has a credible claim to jurisdiction on the moon. Codified law generally doesn't exist until an area is occupied by a (quasi-)government willing and able to enforce it.
And who's laws would apply? Almost everything is legal somewhere on Earth, why should those people have to limit their behavior based on your laws?
Until something is codified and enforced it's every man for himself, and the only justice you're entitled to is whatever you can impose. That's the kind of environment where personal honor and reputation becomes very important for having any kind of community, "justice" tends to become swift and brutal, and cycles of revenge proliferate. There's plenty of places on Earth where that's the case - though given the cost of infrastructure in space I suspect that it would mostly be the reputations of corporations that are wielded, but the result will be much the same. "Don't $#@! with GrabAll's holdings - they will hunt you down and liquidate your assets." "You can trust WeSellIt to run a safe and honest trading post - nobody's crazy enough to piss them off"
(Score: 2) by JoeMerchant on Friday September 04 2020, @01:28AM
The laws backed up by credible enforcement. I suppose earth based interests could attempt to enforce lunar "laws" with pressure on earth based assets, but when the lunar settlement goes independent and self sufficient, that game's up.
Україна досі не є частиною Росії Слава Україні🌻 https://www.pravda.com.ua/eng/news/2023/06/24/7408365/