"Real Estate on the Moon. Who Owns the Moon?"
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 May 20, 2008
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.
So property rights on the moon are still the subject of international discussion. But would anyone buy lunar land? And what would it take to establish good title?
excerpted from Popular Mechanics read FULL STORY here.
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