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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: 5, Insightful) by Mojibake Tengu on Wednesday December 30 2020, @07:52PM (7 children)
There are tricky catches in ancient habits of sovereignty. All of them apply even today.
Commoners mostly do not realize that. Diplomats and Military brass understand them well, as well as bankers and high priests.
- Borders are consensual and not static for eternity.
If you claim a (new) territory (or aquatory), and your law and power over it, you shall be able to exercise your power by defending it.
First of this is ability to patrol said territory. If you cannot even patrol either technically or denied by adversary, it's just not yours, plain and simple, by the ultimate rule of reality check. That's why most fortresses and military bases in history have been built.
Doing expeditions, doing regular patrols and quickly react to adversary incursions by projecting force are completely different things. For example, project Apollo was an expedition. Americans are not able to patrol the Moon since, so it's not their territory.
This is well observable in current Arctic and Antarctic territories, with both pretensions and military patrols.
Example of performing cyclic patrols to keep pretension live and unresolved is:
https://www.nytimes.com/2016/11/08/world/what-in-the-world/canada-denmark-hans-island-whisky-schnapps.html [nytimes.com]
In this case, removing the adversary bottle is essential diplomatic ritual.
- Contrary to the common population belief, the peace between sovereigns is rather exceptional. War is default. Treaties are temporary. Check the timeline of history. If you want to hold a territory, you must be able to defend it with using a force.
If your defense relies on force or law of someone else (like, on USA or another superpower), your are not a sovereign.
You are vassal and you shall obey the laws thrown upon you by your suzerain.
Conclusions:
Verily I doubt the ability of Elon Musk to perform patrols outside a very small territory.
He may be able to claim a settlement and call it 'city' in media. Then, his adversaries will arrive to neighborhood...
And he will never become a true sovereign. See how difficult is for real regional powers with real technology such as Russia or China to exercise their sovereignty against pressure of their adversaries.
Rust programming language offends both my Intelligence and my Spirit.
(Score: 2) by BsAtHome on Wednesday December 30 2020, @08:16PM
Newsflash: USA launches nuclear strike on Mars from Earth over a territorial dispute.
(There where no survivors on either planet. Extrasolar lifeforms have already claimed ownership of the entire system. Please deliver any complaints to Alpha Centauri and leave them at the front desk.)
(Score: 3, Funny) by barbara hudson on Wednesday December 30 2020, @08:22PM
There are other ways to maintain sovereignty over territory. Currently nobody is going to invade the US because who wants to catch covid?
Laying waste to your own territory and population (pollution, radiation, widespread pestilence, bad water) also makes it stupid to invade.
Being physically inaccessible - nobody's bothered trying to claim Antarctica. This could change with the discovery of large deposits of rare earths, cobalt, lithium, or even gold.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 2) by tangomargarine on Wednesday December 30 2020, @08:56PM (1 child)
Not that anybody else will have much of an easier time getting boots on the ground out there to contest the planet...
"Is that really true?" "I just spent the last hour telling you to think for yourself! Didn't you hear anything I said?"
(Score: 3, Insightful) by Runaway1956 on Wednesday December 30 2020, @09:09PM
Space Force. Well before any Mars colony is ready to declare independence, the US will have troops available, and transportation. Imagine, one psychopathic commander with a squad or two who don't question orders. I refer you to My Lai and dozens of other massacres in history.
https://en.wikipedia.org/wiki/M%E1%BB%B9_Lai_massacre [wikipedia.org]
Wonder how long a pyramid of skulls would last on Mars . . .
https://www.britannica.com/event/Battle-of-Aleppo-1400 [britannica.com]
Hey, isn't that the same Aleppo that gets crapped on a lot today?
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, @09:12PM
Very easy. Just mount rockets on hidden asteroids in the asteroid field. Then he has his own MAD (Massive Asteroid Damage) system. Works for earth and mars. Just takes time to deploy.
(Score: 3, Interesting) by sjames on Thursday December 31 2020, @12:05AM
On the other hand, how likely are others to bring the sovereignty into question in the traditional manner? What's the U.S. going to do, shoot cops and judges into space? If they do, will it be a return journey? What keeps them from going native? How will they make sure the political officer doesn't slip on tea?
This won't be the first time a sovereign nation has been protected by geography, but it will be an extreme case of it.
(Score: 2) by legont on Thursday December 31 2020, @12:53AM
That's true unless the colony does some essential service. If it can't be exterminated because the service is needed, the colony can ignore any pressure an do as it sees fit provided residents are ready to die, which they are.
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.