[NetBehaviour] Who Owns the Moon? The Case for Lunar Property Rights.

[marc garrett]

Who Owns the Moon? The Case for Lunar Property Rights.

The moon has been in plain view for all of human history, but it's only 
within the past few decades that it's been possible to travel there. And 
for just about as long as the moon has been within reach, people have 
been arguing about lunar property rights: Can astronauts claim the moon 
for king and country, as in the Age of Discovery? Are corporations 
allowed to expropriate its natural resources, and individuals to own its 
real estate?

The first article on the subject, "High Altitude Flight and National 
Sovereignty," was written by Princeton legal scholar John Cobb Cooper in 
1951. Various theoretical discussions followed, with some scholars 
arguing that the moon had to be treated differently than earthbound 
properties and others claiming that property laws in space shouldn't 
differ from those on Earth.

With the space race in full flower, though, the real worry was national 
sovereignty. Both the United States and the Soviet Union wanted to reach 
the moon first but, in fact, each was more worried about what would 
happen if they arrived second. Fears that the competition might trigger 
World War III led to the 1967 Outer Space Treaty, which was eventually 
ratified by 62 countries. According to article II of the treaty, "Outer 
Space, including the moon and other celestial bodies, is not subject to 
national appropriation by claim of sover­eignty, by means of use or 
occupation, or by any other means."

So national appropriation was out, along with fortifications, weapons 
and military installations. But what about private property 
rights--personal and corporate? Some scholars argue that property rights 
can exist only under a nation's dominion, but most believe that property 
rights and sovereignty can be distinct.

In something of an admission that this is the case, nations that thought 
the Outer Space Treaty didn't go far enough proposed a new agreement, 
the Moon Treaty, in 1979. It explicitly barred private property rights 
on the moon. It also provided that any development, extraction and 
management of resources would take place under the supervision of an 
international authority that would divert a share of the profits, if 
any, to developing countries.

The Carter administration liked the Moon Treaty, but space activists, 
fearful that the sharing requirement would subjugate American mineral 
claims to international partners, pressured the Senate, ensuring that 
the United States didn't ratify it. Although the Moon Treaty has entered 
into force among its 13 signatories, none of those nations is a space power.

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