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Who Owns the Moon? A Space Lawyer Answers (theconversation.com)

An anonymous reader shares a report: While the legal status of the Moon as a "global commons" accessible to all countries on peaceful missions did not meet any substantial resistance or challenge, the Outer Space Treaty left further details unsettled. Contrary to the very optimistic assumptions made at the time, so far humankind has not returned to the moon since 1972, making lunar land rights largely theoretical.

That is, until a few years ago when several new plans were hatched to go back to the moon. In addition at least two U.S. companies, Planetary Resources and Deep Space Industries, which have serious financial backing, have started targeting asteroids for the purpose of mining their mineral resources. Geek note: Under the aforementioned Outer Space Treaty, the moon and other celestial bodies such as asteroids, legally speaking, belong in the same basket. None of them can become the "territory" of one sovereign state or another.

The very fundamental prohibition under the Outer Space Treaty to acquire new state territory, by planting a flag or by any other means, failed to address the commercial exploitation of natural resources on the moon and other celestial bodies. This is a major debate currently raging in the international community, with no unequivocally accepted solution in sight yet. Roughly, there are two general interpretations possible. Countries such as the United States and Luxembourg (as the gateway to the European Union) agree that the moon and asteroids are "global commons," which means that each country allows its private entrepreneurs, as long as duly licensed and in compliance with other relevant rules of space law, to go out there and extract what they can, to try and make money with it. [...] On the other hand, countries such as Russia and somewhat less explicitly Brazil and Belgium hold that the moon and asteroids belong to humanity as a whole.

8 of 208 comments (clear)

  1. Re:And here you go. by TigerPlish · · Score: 5, Insightful

    This is a purely human invented concept and really doesn't have any true, logical definition.

    Really?

    Find a big nasty dog that's chewing on a steak. Try to take that steak away from the dog.

    Still think it's a purely human concept?

    --
    The "Civilized World" jumped the shark ca. 1973.
  2. Re:And here you go. by HornWumpus · · Score: 3, Insightful

    You time is better spent arguing with a rock. Anybody who still buys into socialism at this point in history is just unreachable by reason.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  3. Re:And here you go. by HornWumpus · · Score: 3, Insightful

    And there is a perfect example...just ignorant of history and proud. Own your megadeaths, then talk about morality.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  4. Whoever can and will defend it. by Anonymous Coward · · Score: 2, Insightful

    Might makes right, no matter what starry-eyed people say.

  5. Re:And here you go. by HornWumpus · · Score: 3, Insightful

    There are actual counts in the 20th century. It's no contest. Marxists are covered in blood, head to toe.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  6. Re:And here you go. by Vitriol+Angst · · Score: 3, Insightful

    This mental dropping was modded to "5: insightful"? Anyone who doesn't recognize that most of the developed world -- including the United States -- has elements of socialism is someone who doesn't know history, economics, politics, and may be unreachable by reason.

    Are there now brigades on Slashdot hell bent on voting up people promoting a certain message, regardless of how poorly it's made?

    --
    >>"ad space available -- low rates!!!"
  7. This is all pretty silly by Ferretman · · Score: 3, Insightful

    Of *course* the Moon and everyplace will developed individually...some by corporations, some by alliances, some by new nation states as we expand out into the solar system. I expect a wild and wooly mix, and that's okay.

    This silliness that "everything is owned by the common group called Mankind" will last until about 10 minutes after the first mining ship arrives to bring back a load of gold or something.

    Ferret

    --
    Sic gorgiamus allos subjectatos nunc
  8. Re:I do by saloomy · · Score: 3, Insightful

    Frankly, I dont see how anyone can claim to own it (government or otherwise) which hasn't claimed it. Governments get their power through the citizenry they govern, not through some mystical power bestowed on them. I don't see how Brazil or Belgium have the right what other people do with things that are not Brazil's or Belgium's? The moon certainly isn't, nor are far off asteroids. If you want something, get there and claim it. If someone invades, and wants it for themselves, then you either have to have the means to defend it (which, lets be honest; if you are mining on the moon, you probably have the means to), or establish treaties with those who do.

    The moon is no different than an island, its just the ocean that has changed. In the old days, when new islands were found, they were ruled by the people who found them (think of Hawaii). If you didn't have the means to defend yourselves against someone else who wanted it, you lost that right (again, think of Hawaii).

    I will have a party on the moon, best of luck stopping me.