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The Case for Lunar Property Rights

Posted by timothy on from the title-check's-a-bitch dept.

longacre writes "Who owns the moon? In a thought provoking piece, Instapundit blogger/law professor Glenn Reynolds gives us a brief history of earthlings' discourse on lunar property rights, a topic which has stagnated since the 1979 Moon Treaty. Is it possible to claim good title on land that is not under the dominion of a nation? He goes on to plead his case for the creation of lunar real estate legislation. From the article: 'Property rights attract private capital and, with government space programs stagnating, a lunar land rush may be just what we need to get things going again.'"

9 of 387 comments (clear)

  1. Possession is nine tenths of the law. by mu11ing1t0ver · · Score: 5, Insightful

    I think if anyone can actually get to the moon, they'll have a valid claim on it.

  2. Gravity well by OpenSourced · · Score: 4, Insightful

    Let's be real, the moon is never going to be like Florida, even if it's really sunny and the reduced gravity helps even feeble elderly people play golf (those big craters come really handy there!) Even if it could be, the powers that be cannot really allow private property in the moon, or private developments in space. Just read a bit of SF. The Earth sits in the bottom of a gravity well. It cannot allow people outside (or almost outside) of that gravity well, with the possibility of throwing down big stones, and no fear of reprisals. Only big changes in technology could change that reality.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
  3. No property rights on ANY land by iamacat · · Score: 4, Insightful

    As a human born on planet Earth, I have a right to a plot of land for sustenance and shelter, in reasonable proximity to where I was born. This should supersede property rights of the mega-rich, even if my parents bargained away the rights. At most, the land can be loaned from humanity for an exclusive use of one person for a limited time. Lets not start the same heartless trend on Moon or even try to live there until we can behave decently on Earth.

    1. Re:No property rights on ANY land by servognome · · Score: 4, Insightful

      As a human born on planet Earth, I have a right to a plot of land for sustenance and shelter, in reasonable proximity to where I was born.
      That's great if you want everybody to go back to being self sufficient farmers - unfortunately most people prefer to have a better standard of living through specialization and trade.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  4. The power to tax is the power to destroy by Rix · · Score: 4, Insightful

    No entity can grant property rights they cannot enforce.

    1. Re:The power to tax is the power to destroy by Yvanhoe · · Score: 4, Insightful

      Exactly. See how the Old World split America in several parts they "owned". See what happened then.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  5. Euoprean countries did this in North America too by circletimessquare · · Score: 4, Insightful

    They would claim vast swaths of land after just looking at it. However, whole areas frequently drifted from one country's dominion to another. What made the final difference? Force of arms.

    If you want to claim the moon, you have to put a fort up there. Because who cares if Joe Shmoe in Pasadena California bought the Danjon Crater for $2,500, when the Chinese put a guy up there with bazooka? Bazooka wins, end of story.

    Want to claim parts of the moon? Put force of arms up there. No other way about it. Don't like this fact? Take it up with human nature and human history. This is the only way this process has ever worked

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  6. 10 meters of fence and the moon is mine! by kanweg · · Score: 5, Insightful

    All you need is 10 meters (yards, retards) of fence. Put it up, and create a home in what others would call "outside" the fence but you call inside the fence because that is where your home is. The tiny spot is left for others.

    Bert
    Who'd hate to see the moon mined for He3. We're already wrecking a planet, we should have learned something from that.

  7. Re:location, location, location by raddan · · Score: 5, Insightful

    Basically, it boils down to: it belongs to whomever can defend it. That's the way it works on Earth-- I don't think that'll change on the Moon, or on Mars. Lobbing rocks at Earth, anyone?

    Anyone who invests in lunar real estate before any kind of lunar authority is established, backed up by force, is an idiot.