Space Law Expert: Before First Asteroids Are Mined, Legal Framework Must Be
Good thing, bad thing... it's terribly disturbing that we cannot know for certain...
As commercial enterprises within the public sector begin to anticipate profits to be gained from mining in space, as entrepreneurs and venture
capitalists seek new areas for exploitation; the fact is they will have to create the political will to change laws as they are currently in place
regarding "outer space" and human endeavors.
Of course this means convincing everyone that what is
in place is inadequate..., and so it begins:
"Neither the pubic interests, ranging from security, safety and the environment to protecting Neil Armstrong's footsteps, nor the interests of the
company in securing its investments are properly protected," he said. "Consequently, there is no legal certainty that those activities would not
become seriously challenged."
Bold assertions from our source's 'expert.'
He cited the 1967 Outer Space Treaty, which forms the basis of international space law and to which all space-faring nations are a party. The
treaty says that outer space constitutes a "global commons." This means that extraterrestrial bodies can never be part of one country such as the
United States, which therefore means that U.S. laws to protect public or private business interests likely cannot be applied.
The problem, von der Dunk said, is that specific international legal parameters have not been sufficiently established to protect legitimate public or
private concerns beyond very general, vague considerations.
The "protections" to which this expert is referring are the very exploitative regulation which have brought us to where we are today... a world where
corporate sovereignty is a weapon and a shield.
Just to dispel the quasi-fear-mongering from the expert....
Here's what is
This 17 article declaration was ratified by our senate, signed by our nation, (along with the UK, Russia) and is the official "globally" accepted
position insofar as the United nations is concerned.
A brief scanning of some
of the articles shows....
The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests
of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.
Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on
a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.
There shall be freedom of scientific investigation in outer space, including the moon and other celestial bodies, and States shall facilitate and
encourage international co-operation in such investigation.
There goes commercial competition, and monopolistic exclusivity.
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.
There goes corporate sovereignty and 'rights' of ownership.
.. States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary-General of the United Nations of
any phenomena they discover in outer space, including the Moon and other celestial bodies, which could constitute a danger to the life or health of
So much for "secrets"... let alone "trade secrets."
Each State Party to the Treaty that launches or procures the launching of an object into outer space, ..., and each State Party from whose
territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical
persons by such object or its component parts on the Earth, in air space or in outer space, including the Moon and other celestial bodies.
.... the enemy of all corporate sovereignty.... I'm sure our expert thinks that will have to go...
.... agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the
greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the
Secretary-General of the United Nations should be prepared to disseminate it immediately and effectively.
Secret launches? No. Secret activities? No. ... Exploitative commerce cannot function in transparency.
I will allow you, my reader friends, to explore this subject further - without my *ahem* comments...
Ultimately... I bring this to you to create an awareness that the next "move" by the worshipers of commerce is to lobby, influence, and effect changes
in the way our politician's approach this issue.
For our collective sake, I hope we don't allow them to do to the law, whatever self-serving things they can be counted upon doing everywhere else.
I would like to point out that corporate sovereignty is the reason that TEPCO and BP seem relatively "untouched" by the disasters they facilitated
with their so-called business acumen. And as far as the big businesses of the world are concerned, I suspect, ... that's the way it ought to be "in
edit on 27-4-2012 by Maxmars because: (no reason given)