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Elon Musk will run into trouble setting up a Martian government, lawyers say:
SpaceX CEO Elon Musk is steadfast in realizing his dreams of establishing a permanent colony on Mars, but any new government there will face immense legal challenges.
We got an early glimpse of what such a future society could look like, buried deep inside the user agreement for SpaceX’s Starlink satellite internet service.
“For services provided on Mars, or in transit to Mars via Starship or other colonization spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities,” the terms of service read. “Accordingly, disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement.”
[...] Lawyers, however, have their doubts about SpaceX’s abilities to set up a Martian state. In fact, several told The Independent in a new story, what SpaceX has laid out in its Starlink user agreement isn’t radically different from space treaties that have been signed over the years.
[...] For instance, the 2020 Artemis accords stipulate that “outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”
[...] “[Musk] could be trying to lay some groundwork for offering up an independent constitution… just like he did for electric cars and reusable launch vehicles,” [Randy Segal, of the law firm Hogan Lovells] told The Independent. “Does it have any precedent or enforceability? The answer I’d say is clearly no; but if you say something enough, people might come around.”
(Score: 4, Interesting) by Runaway1956 on Wednesday December 30 2020, @07:12PM (5 children)
His intentions aren't the problem, so much as stating those intentions. In the normal course of things, Mars can be expected to make Martian law. Even if sixteen nations establish sixteen independent colonies scattered around the globe, Martians are going to cooperate with Martians when SHTF. (shit hits the fan) They'll have no choice. Help from earth may be months or years away, whereas the neighboring colony is minutes or hours away.
Also, in the normal course of things, Mars can be expected to rebel against unjust and/or unreasonable laws imposed by earth governments.
But, Musk is sticking his neck out unnecessarily when he tells earth up front that he is seeking independence before he ever puts a boot on the ground. One or more nations may well charge him with treason, if the UN doesn't charge him with something similar as well. He could even be guilty of a war crime or six, before any war is ever contemplated, FFS.
We're gonna be able to vacation in Gaza, Cuba, Venezuela, Iran and maybe Minnesota soon. Incredible times.
(Score: 0) by Anonymous Coward on Wednesday December 30 2020, @07:21PM
i agree. he shouldn't tell these parasites what he's doing.
(Score: 0) by Anonymous Coward on Wednesday December 30 2020, @08:49PM (1 child)
He now has the power to wield. He can not sell them any launches if they don't agree. Being the only mars launch capible company on earth gives him the power. The ships captain makes the laws on ship and the new frontier landing camp.
(Score: 2) by Runaway1956 on Wednesday December 30 2020, @09:00PM
Yes, and no. Almost any government on earth has the power to interfere with Musk's plans. Any nation with missile capability can nail a ship as it launches. Any government with engines in orbit can target a ship after it launches. Musk won't be as powerful as any government with those capabilities for a long time.
You and I may well think it's nuts to target a SpaceX ship over politics, but politicians don't think like people.
We're gonna be able to vacation in Gaza, Cuba, Venezuela, Iran and maybe Minnesota soon. Incredible times.
(Score: 1, Insightful) by Anonymous Coward on Wednesday December 30 2020, @10:11PM (1 child)
Almost like he recognizes that this is still science fiction and is only talking about it to grift people who think it's feasible.
(Score: 0) by Anonymous Coward on Thursday December 31 2020, @02:47AM
almost like he needs to throw the followers a bone every now and again to keep the faith burning strong... don't forget to teleport onto a passing asteroid so you can meet the thetans