1 00:00:14,910 --> 00:00:03,070 greetings citizens and welcome to 2 00:00:26,950 --> 00:00:14,920 [Music] 3 00:00:28,550 --> 00:00:26,960 i'm jason mcclellan thanks for hanging 4 00:00:30,230 --> 00:00:28,560 out with me 5 00:00:32,150 --> 00:00:30,240 i don't know about you but i'm 6 00:00:33,590 --> 00:00:32,160 tremendously fascinated by the subject 7 00:00:36,310 --> 00:00:33,600 of space law 8 00:00:37,910 --> 00:00:36,320 the issues of who controls space what 9 00:00:40,310 --> 00:00:37,920 laws govern space 10 00:00:42,470 --> 00:00:40,320 who enforces those laws and how would 11 00:00:45,029 --> 00:00:42,480 they even go about doing that 12 00:00:45,990 --> 00:00:45,039 and how would earth impose laws work in 13 00:00:48,229 --> 00:00:46,000 space and on 14 00:00:50,150 --> 00:00:48,239 alien worlds anyway especially in a 15 00:00:52,630 --> 00:00:50,160 situation where extraterrestrial 16 00:00:54,549 --> 00:00:52,640 civilizations enter the equation 17 00:01:00,610 --> 00:00:54,559 let's spend some time today exploring 18 00:01:05,189 --> 00:01:03,670 [Music] 19 00:01:06,710 --> 00:01:05,199 i love exploring ufos and 20 00:01:09,109 --> 00:01:06,720 extraterrestrial life 21 00:01:09,750 --> 00:01:09,119 but as a space geek i also enjoy 22 00:01:12,550 --> 00:01:09,760 pondering 23 00:01:13,429 --> 00:01:12,560 other related space issues and space law 24 00:01:16,710 --> 00:01:13,439 is one of those 25 00:01:18,710 --> 00:01:16,720 issues that has fascinated me for years 26 00:01:21,510 --> 00:01:18,720 i wrote an article about this topic for 27 00:01:23,109 --> 00:01:21,520 open minds magazine back in 2013. 28 00:01:24,710 --> 00:01:23,119 i've also talked about it on a couple 29 00:01:26,469 --> 00:01:24,720 different shows over the years 30 00:01:27,749 --> 00:01:26,479 but some recent news related to the 31 00:01:29,830 --> 00:01:27,759 subject of space law 32 00:01:31,350 --> 00:01:29,840 enticed me to want to talk about it for 33 00:01:33,270 --> 00:01:31,360 a little bit today with you 34 00:01:35,350 --> 00:01:33,280 we'll talk about that news in a bit but 35 00:01:36,789 --> 00:01:35,360 first let's take a quick glance at space 36 00:01:39,429 --> 00:01:36,799 law overall 37 00:01:40,789 --> 00:01:39,439 space law is a developing topic that's 38 00:01:42,789 --> 00:01:40,799 certainly gained momentum 39 00:01:44,630 --> 00:01:42,799 in the past decade during this modern 40 00:01:46,389 --> 00:01:44,640 space race we're in 41 00:01:48,310 --> 00:01:46,399 we have several private companies 42 00:01:49,749 --> 00:01:48,320 looking to profit from space in various 43 00:01:52,310 --> 00:01:49,759 ways 44 00:01:53,670 --> 00:01:52,320 laws regulating businesses here on earth 45 00:01:57,190 --> 00:01:53,680 are plentiful 46 00:01:59,429 --> 00:01:57,200 but what about in space well 47 00:02:00,630 --> 00:01:59,439 laws regulating space activities do 48 00:02:03,670 --> 00:02:00,640 exist 49 00:02:05,109 --> 00:02:03,680 but these laws are fairly new and very 50 00:02:06,789 --> 00:02:05,119 little about these laws 51 00:02:09,430 --> 00:02:06,799 has been universally established 52 00:02:12,309 --> 00:02:09,440 regarding their scope or application 53 00:02:13,830 --> 00:02:12,319 there's also ambiguity about who must 54 00:02:15,589 --> 00:02:13,840 obey these laws 55 00:02:17,670 --> 00:02:15,599 with private companies pushing forward 56 00:02:19,030 --> 00:02:17,680 with plans like placing structures on 57 00:02:21,750 --> 00:02:19,040 celestial bodies 58 00:02:23,750 --> 00:02:21,760 and mining asteroids for resources these 59 00:02:25,270 --> 00:02:23,760 activities certainly raise new legal 60 00:02:27,110 --> 00:02:25,280 issues and concerns 61 00:02:29,190 --> 00:02:27,120 but lawmakers have been debating space 62 00:02:32,309 --> 00:02:29,200 law for decades 63 00:02:33,910 --> 00:02:32,319 the 1967 treaty on principles governing 64 00:02:36,229 --> 00:02:33,920 the activities of states in the 65 00:02:38,309 --> 00:02:36,239 exploration and use of outer space 66 00:02:40,710 --> 00:02:38,319 including the moon and other celestial 67 00:02:41,990 --> 00:02:40,720 bodies commonly referred to as the outer 68 00:02:45,350 --> 00:02:42,000 space treaty 69 00:02:47,509 --> 00:02:45,360 is the foundation of existing space law 70 00:02:49,190 --> 00:02:47,519 although other space treaties exist the 71 00:02:51,990 --> 00:02:49,200 outer space treaty is the most 72 00:02:53,589 --> 00:02:52,000 important in his book the privatization 73 00:02:55,430 --> 00:02:53,599 of space exploration 74 00:02:57,750 --> 00:02:55,440 george washington university law school 75 00:03:00,630 --> 00:02:57,760 professor louis d solomon explains 76 00:03:01,589 --> 00:03:00,640 quote more than 100 nations including 77 00:03:04,790 --> 00:03:01,599 the united states 78 00:03:06,869 --> 00:03:04,800 have signed the 1967 outer space treaty 79 00:03:08,550 --> 00:03:06,879 far more than any other space-related 80 00:03:11,750 --> 00:03:08,560 treaty end quote 81 00:03:13,589 --> 00:03:11,760 and therefore quote all space activities 82 00:03:15,589 --> 00:03:13,599 whether public or private 83 00:03:18,470 --> 00:03:15,599 must be considered in light of the outer 84 00:03:21,149 --> 00:03:18,480 space treaty end quote the united 85 00:03:24,630 --> 00:03:21,159 nations office of outer space affairs or 86 00:03:26,630 --> 00:03:24,640 unoosa is the quote secretariat for the 87 00:03:28,789 --> 00:03:26,640 legal subcommittee of the united nations 88 00:03:31,509 --> 00:03:28,799 committee on the peaceful uses of outer 89 00:03:33,750 --> 00:03:31,519 space or copuos 90 00:03:35,350 --> 00:03:33,760 which is the primary international forum 91 00:03:37,350 --> 00:03:35,360 for the development of laws and 92 00:03:39,990 --> 00:03:37,360 principles governing outer space 93 00:03:42,309 --> 00:03:40,000 end quote here's how the unoosa 94 00:03:44,149 --> 00:03:42,319 describes the outer space treaty 95 00:03:46,309 --> 00:03:44,159 the outer space treaty provides the 96 00:03:46,949 --> 00:03:46,319 basic framework on international space 97 00:03:49,509 --> 00:03:46,959 law 98 00:03:51,589 --> 00:03:49,519 including the following principles the 99 00:03:53,750 --> 00:03:51,599 exploration and use of outer space 100 00:03:54,789 --> 00:03:53,760 shall be carried out for the benefit and 101 00:03:56,630 --> 00:03:54,799 in the interests of 102 00:04:00,149 --> 00:03:56,640 all countries and shall be the 103 00:04:01,990 --> 00:04:00,159 providence of all mankind 104 00:04:05,350 --> 00:04:02,000 outer space shall be free for 105 00:04:07,589 --> 00:04:05,360 exploration and use by all states 106 00:04:10,309 --> 00:04:07,599 outer space is not subject to national 107 00:04:13,110 --> 00:04:10,319 appropriation by claims of sovereignty 108 00:04:14,789 --> 00:04:13,120 by means of use or occupation or by any 109 00:04:17,110 --> 00:04:14,799 other means 110 00:04:19,110 --> 00:04:17,120 states shall not place nuclear weapons 111 00:04:21,430 --> 00:04:19,120 or other weapons of mass destruction 112 00:04:23,510 --> 00:04:21,440 in orbit or on celestial bodies or 113 00:04:24,950 --> 00:04:23,520 station them in outer space in any other 114 00:04:27,030 --> 00:04:24,960 manner 115 00:04:28,629 --> 00:04:27,040 the moon and other celestial bodies 116 00:04:31,510 --> 00:04:28,639 shall be used exclusively 117 00:04:34,950 --> 00:04:31,520 for peaceful purposes astronauts shall 118 00:04:36,790 --> 00:04:34,960 be regarded as the envoys of mankind 119 00:04:37,990 --> 00:04:36,800 states shall be responsible for national 120 00:04:39,110 --> 00:04:38,000 space activities 121 00:04:40,950 --> 00:04:39,120 where they're carried out by 122 00:04:42,550 --> 00:04:40,960 governmental or non-governmental 123 00:04:44,629 --> 00:04:42,560 entities 124 00:04:46,390 --> 00:04:44,639 states shall be liable for damage caused 125 00:04:48,469 --> 00:04:46,400 by their space objects 126 00:04:49,830 --> 00:04:48,479 and states shall avoid harmful 127 00:04:52,550 --> 00:04:49,840 contamination of space 128 00:04:53,990 --> 00:04:52,560 and celestial bodies this 129 00:04:55,590 --> 00:04:54,000 straightforward framework 130 00:04:57,510 --> 00:04:55,600 sounds pretty restrictive when it comes 131 00:04:59,189 --> 00:04:57,520 to business in space 132 00:05:01,590 --> 00:04:59,199 let's talk about property ownership in 133 00:05:03,909 --> 00:05:01,600 space and see if that fits within these 134 00:05:05,749 --> 00:05:03,919 existing legal parameters 135 00:05:07,909 --> 00:05:05,759 governments and private companies have 136 00:05:09,909 --> 00:05:07,919 expressed interest in establishing bases 137 00:05:11,270 --> 00:05:09,919 and even colonies on the moon and on 138 00:05:13,909 --> 00:05:11,280 mars 139 00:05:16,469 --> 00:05:13,919 one notable example of this is the now 140 00:05:18,870 --> 00:05:16,479 defunct non-profit company mars one 141 00:05:20,310 --> 00:05:18,880 which planned to colonize mars their 142 00:05:21,909 --> 00:05:20,320 aggressive timeline had them 143 00:05:22,469 --> 00:05:21,919 establishing a permanent human 144 00:05:26,070 --> 00:05:22,479 settlement 145 00:05:27,350 --> 00:05:26,080 on mars in 2023 things didn't work out 146 00:05:29,029 --> 00:05:27,360 so well for the company 147 00:05:32,150 --> 00:05:29,039 and it declared bankruptcy and 148 00:05:33,990 --> 00:05:32,160 liquidated its assets back in 2019 149 00:05:35,749 --> 00:05:34,000 but before that happened the company had 150 00:05:37,909 --> 00:05:35,759 these grand plans 151 00:05:39,909 --> 00:05:37,919 and its website proudly claimed that 152 00:05:42,950 --> 00:05:39,919 quote the mars one foundation will 153 00:05:45,189 --> 00:05:42,960 own the mars settlement end quote 154 00:05:46,629 --> 00:05:45,199 had this colony gone forward would that 155 00:05:49,670 --> 00:05:46,639 have actually been the case 156 00:05:50,629 --> 00:05:49,680 legally article two of the outer space 157 00:05:53,670 --> 00:05:50,639 treaty states 158 00:05:55,270 --> 00:05:53,680 quote outer space including the moon and 159 00:05:57,430 --> 00:05:55,280 other celestial bodies 160 00:05:59,270 --> 00:05:57,440 is not subject to national appropriation 161 00:06:02,469 --> 00:05:59,280 by claims of sovereignty 162 00:06:03,350 --> 00:06:02,479 by means of use or occupation or by any 163 00:06:06,230 --> 00:06:03,360 other means 164 00:06:07,749 --> 00:06:06,240 end quote there are some who strictly 165 00:06:09,590 --> 00:06:07,759 interpret this provision 166 00:06:11,029 --> 00:06:09,600 to mean that although governments can't 167 00:06:12,950 --> 00:06:11,039 claim property rights 168 00:06:14,309 --> 00:06:12,960 private companies may indeed claim 169 00:06:15,990 --> 00:06:14,319 ownership 170 00:06:17,430 --> 00:06:16,000 but when we look at article six of the 171 00:06:19,909 --> 00:06:17,440 outer space treaty 172 00:06:20,629 --> 00:06:19,919 it lays out that quote state parties to 173 00:06:22,710 --> 00:06:20,639 the treaty 174 00:06:25,189 --> 00:06:22,720 shall bear international responsibility 175 00:06:26,710 --> 00:06:25,199 for national activities in outer space 176 00:06:28,870 --> 00:06:26,720 including the moon and other celestial 177 00:06:29,670 --> 00:06:28,880 bodies whether such activities are 178 00:06:31,749 --> 00:06:29,680 carried on 179 00:06:33,590 --> 00:06:31,759 by governmental agencies or by 180 00:06:35,510 --> 00:06:33,600 non-governmental agencies 181 00:06:37,029 --> 00:06:35,520 and for assuring that national 182 00:06:39,189 --> 00:06:37,039 activities are carried out 183 00:06:41,029 --> 00:06:39,199 in conformity with the provisions set 184 00:06:42,710 --> 00:06:41,039 forth in the present treaty 185 00:06:44,150 --> 00:06:42,720 the activities of non-governmental 186 00:06:45,510 --> 00:06:44,160 entities in outer space 187 00:06:48,070 --> 00:06:45,520 including the moon and other celestial 188 00:06:49,589 --> 00:06:48,080 bodies shall require authorization and 189 00:06:51,350 --> 00:06:49,599 continuing supervision 190 00:06:53,110 --> 00:06:51,360 by the appropriate state party to the 191 00:06:54,710 --> 00:06:53,120 treaty end quote 192 00:06:56,469 --> 00:06:54,720 it seems like those who argue that the 193 00:06:58,230 --> 00:06:56,479 outer space treaty doesn't regulate the 194 00:07:01,029 --> 00:06:58,240 activities of private companies 195 00:07:02,390 --> 00:07:01,039 overlook the importance of article six 196 00:07:04,230 --> 00:07:02,400 addressing this issue 197 00:07:06,230 --> 00:07:04,240 in his book the development of outer 198 00:07:07,830 --> 00:07:06,240 space sovereignty and property rights in 199 00:07:10,150 --> 00:07:07,840 international space law 200 00:07:12,550 --> 00:07:10,160 thomas gengale the executive director of 201 00:07:14,629 --> 00:07:12,560 aerospace think tank ops alaska 202 00:07:16,550 --> 00:07:14,639 cites lawrence a cooper an attorney 203 00:07:17,189 --> 00:07:16,560 specializing in space law who states 204 00:07:18,710 --> 00:07:17,199 quote 205 00:07:20,230 --> 00:07:18,720 some have argued that the outer space 206 00:07:22,309 --> 00:07:20,240 treaty's broad definitions 207 00:07:23,670 --> 00:07:22,319 allow individual appropriation of space 208 00:07:26,150 --> 00:07:23,680 and celestial bodies 209 00:07:28,070 --> 00:07:26,160 because it only specifically prohibits 210 00:07:30,150 --> 00:07:28,080 appropriation by states 211 00:07:31,670 --> 00:07:30,160 however states are responsible for the 212 00:07:33,510 --> 00:07:31,680 actions of individuals 213 00:07:35,189 --> 00:07:33,520 and property claims must occur through 214 00:07:37,350 --> 00:07:35,199 the state's property laws 215 00:07:40,390 --> 00:07:37,360 therefore individuals may not claim 216 00:07:42,550 --> 00:07:40,400 space or celestial bodies end quote 217 00:07:44,710 --> 00:07:42,560 this essentially means that all parties 218 00:07:45,670 --> 00:07:44,720 in space are bound by the outer space 219 00:07:49,110 --> 00:07:45,680 treaty 220 00:07:49,510 --> 00:07:49,120 the government binds their citizens 221 00:07:51,830 --> 00:07:49,520 through 222 00:07:53,350 --> 00:07:51,840 laws and other means so how does this 223 00:07:55,589 --> 00:07:53,360 affect a company planning to 224 00:07:58,710 --> 00:07:55,599 own a settlement or a base on another 225 00:08:01,029 --> 00:07:58,720 world like mars one plan to do on mars 226 00:08:02,869 --> 00:08:01,039 using the outer space treaty there's a 227 00:08:03,189 --> 00:08:02,879 strong argument that these companies 228 00:08:06,390 --> 00:08:03,199 have 229 00:08:07,830 --> 00:08:06,400 no legal claim to the alien land where 230 00:08:09,990 --> 00:08:07,840 they place their structures 231 00:08:11,029 --> 00:08:10,000 but they would however retain the 232 00:08:12,869 --> 00:08:11,039 property rights 233 00:08:14,629 --> 00:08:12,879 of whatever material that company 234 00:08:16,390 --> 00:08:14,639 launches into space 235 00:08:17,909 --> 00:08:16,400 article 8 of the outer space treaty 236 00:08:19,670 --> 00:08:17,919 addresses this stating 237 00:08:21,670 --> 00:08:19,680 quote a state party to the treaty on 238 00:08:23,029 --> 00:08:21,680 whose registry an object launches into 239 00:08:25,110 --> 00:08:23,039 outer space is carried 240 00:08:26,710 --> 00:08:25,120 shall retain jurisdiction and control 241 00:08:29,830 --> 00:08:26,720 over such object 242 00:08:32,469 --> 00:08:29,840 and over any personnel thereof while in 243 00:08:34,230 --> 00:08:32,479 outer space or on a celestial body 244 00:08:34,709 --> 00:08:34,240 ownership of objects launch into outer 245 00:08:37,110 --> 00:08:34,719 space 246 00:08:38,709 --> 00:08:37,120 including objects landed or constructed 247 00:08:40,870 --> 00:08:38,719 on a celestial body 248 00:08:42,550 --> 00:08:40,880 and of their component parts is not 249 00:08:43,029 --> 00:08:42,560 affected by their presence in outer 250 00:08:45,110 --> 00:08:43,039 space 251 00:08:46,389 --> 00:08:45,120 or on a celestial body or by their 252 00:08:49,190 --> 00:08:46,399 return to the earth 253 00:08:49,910 --> 00:08:49,200 in quote that explains that a company 254 00:08:52,949 --> 00:08:49,920 will retain 255 00:08:55,030 --> 00:08:52,959 ownership of habitats storage units or 256 00:08:56,070 --> 00:08:55,040 any other equipment used for a colony or 257 00:08:58,630 --> 00:08:56,080 a base 258 00:09:00,230 --> 00:08:58,640 but as article 8 explains companies are 259 00:09:01,990 --> 00:09:00,240 required to register 260 00:09:03,910 --> 00:09:02,000 all its equipment and proposed 261 00:09:05,350 --> 00:09:03,920 activities with a country before 262 00:09:07,430 --> 00:09:05,360 launching into space 263 00:09:09,190 --> 00:09:07,440 and that country is responsible for 264 00:09:11,990 --> 00:09:09,200 ensuring the company adheres to the 265 00:09:13,910 --> 00:09:12,000 outer space treaty 266 00:09:15,350 --> 00:09:13,920 so following what's laid out in the 267 00:09:17,430 --> 00:09:15,360 outer space treaty 268 00:09:19,509 --> 00:09:17,440 private companies technically retain 269 00:09:21,590 --> 00:09:19,519 ownership of physical structures and 270 00:09:23,829 --> 00:09:21,600 other property in space 271 00:09:24,710 --> 00:09:23,839 but there's a catch the outer space 272 00:09:28,310 --> 00:09:24,720 treaty suggests 273 00:09:29,030 --> 00:09:28,320 that all astronauts can freely use and 274 00:09:32,310 --> 00:09:29,040 access 275 00:09:35,430 --> 00:09:32,320 structures vehicles and other equipment 276 00:09:38,230 --> 00:09:35,440 on other worlds article 12 details 277 00:09:38,870 --> 00:09:38,240 quote all stations installations 278 00:09:40,630 --> 00:09:38,880 equipment 279 00:09:42,949 --> 00:09:40,640 and space vehicles on the moon and other 280 00:09:44,630 --> 00:09:42,959 celestial bodies shall be open to 281 00:09:45,670 --> 00:09:44,640 representatives of other state parties 282 00:09:49,269 --> 00:09:45,680 to the treaty 283 00:09:51,190 --> 00:09:49,279 on a basis of reciprocity end quote 284 00:09:53,350 --> 00:09:51,200 i'm not sure how that would work 285 00:09:54,949 --> 00:09:53,360 especially from a commercial perspective 286 00:09:56,470 --> 00:09:54,959 let's look at a different angle of this 287 00:09:57,750 --> 00:09:56,480 discussion that's related to property 288 00:10:00,230 --> 00:09:57,760 ownership in space 289 00:10:02,949 --> 00:10:00,240 and that's the legality of mining and 290 00:10:05,030 --> 00:10:02,959 owning natural resources in space 291 00:10:06,470 --> 00:10:05,040 this was an actively hot topic eight or 292 00:10:08,550 --> 00:10:06,480 so years ago 293 00:10:10,310 --> 00:10:08,560 companies like planetary resources and 294 00:10:12,310 --> 00:10:10,320 deep space industries 295 00:10:14,230 --> 00:10:12,320 neither of which exist anymore we're 296 00:10:16,310 --> 00:10:14,240 boldly pushing forward with plans to 297 00:10:18,150 --> 00:10:16,320 mine resources from asteroids 298 00:10:19,509 --> 00:10:18,160 and space mining remains a business 299 00:10:20,470 --> 00:10:19,519 activity of interest to several 300 00:10:23,110 --> 00:10:20,480 companies 301 00:10:24,790 --> 00:10:23,120 including amazon ceo jeff bezos space 302 00:10:26,710 --> 00:10:24,800 firm blue origin 303 00:10:28,710 --> 00:10:26,720 but regardless of whether we're talking 304 00:10:29,590 --> 00:10:28,720 about mining asteroids or mining the 305 00:10:32,230 --> 00:10:29,600 moon 306 00:10:34,230 --> 00:10:32,240 these are celestial bodies and therefore 307 00:10:36,310 --> 00:10:34,240 they fall under the outer space treaty's 308 00:10:38,150 --> 00:10:36,320 prohibition of ownership 309 00:10:39,829 --> 00:10:38,160 but in these cases we're concerned with 310 00:10:42,310 --> 00:10:39,839 the ownership of resources 311 00:10:43,829 --> 00:10:42,320 extracted from these celestial bodies so 312 00:10:45,829 --> 00:10:43,839 how does that work 313 00:10:48,230 --> 00:10:45,839 referring back to lewis d solomon's book 314 00:10:50,550 --> 00:10:48,240 the privatization of space exploration 315 00:10:52,470 --> 00:10:50,560 he explains that quote although it may 316 00:10:53,430 --> 00:10:52,480 be argued that resources on the moon or 317 00:10:55,430 --> 00:10:53,440 an asteroid 318 00:10:57,030 --> 00:10:55,440 are part of the land surface and cannot 319 00:10:58,949 --> 00:10:57,040 be treated separately from it 320 00:11:01,110 --> 00:10:58,959 thereby barring private entities from 321 00:11:03,350 --> 00:11:01,120 claiming ownership of mineral resources 322 00:11:05,110 --> 00:11:03,360 in place once mined from a space 323 00:11:05,750 --> 00:11:05,120 facility and its accompanying safety 324 00:11:08,150 --> 00:11:05,760 zone 325 00:11:09,670 --> 00:11:08,160 these resources seemingly become subject 326 00:11:12,550 --> 00:11:09,680 to private ownership 327 00:11:14,150 --> 00:11:12,560 end quote thomas gengale adds quote the 328 00:11:17,110 --> 00:11:14,160 outer space treaty does not 329 00:11:19,269 --> 00:11:17,120 forbid in-situ resource utilization 330 00:11:21,110 --> 00:11:19,279 space is treated like a commons 331 00:11:22,550 --> 00:11:21,120 astronauts have brought home space rocks 332 00:11:24,150 --> 00:11:22,560 and taken title to them 333 00:11:26,949 --> 00:11:24,160 if you want resources on mars or the 334 00:11:29,269 --> 00:11:26,959 moon take them end quote 335 00:11:31,590 --> 00:11:29,279 that's an interesting approach well 336 00:11:33,509 --> 00:11:31,600 proponents of private resource ownership 337 00:11:34,150 --> 00:11:33,519 often cite article 1 of the outer space 338 00:11:35,829 --> 00:11:34,160 treaty 339 00:11:37,509 --> 00:11:35,839 which states that asteroids and other 340 00:11:39,910 --> 00:11:37,519 celestial bodies quote 341 00:11:41,030 --> 00:11:39,920 shall be free for exploration and use 342 00:11:44,230 --> 00:11:41,040 end quote 343 00:11:46,069 --> 00:11:44,240 okay that's cool but article 1 344 00:11:47,590 --> 00:11:46,079 also poses potential problems for 345 00:11:50,230 --> 00:11:47,600 resource ownership 346 00:11:51,350 --> 00:11:50,240 it adds that quote exploration and use 347 00:11:52,710 --> 00:11:51,360 of outer space 348 00:11:54,389 --> 00:11:52,720 including the moon and other celestial 349 00:11:56,470 --> 00:11:54,399 bodies shall be carried out 350 00:11:58,710 --> 00:11:56,480 for the benefit and in the interest of 351 00:12:00,949 --> 00:11:58,720 all countries in quote 352 00:12:02,870 --> 00:12:00,959 it's kind of difficult to argue how a 353 00:12:03,990 --> 00:12:02,880 private company's mining of resources 354 00:12:06,790 --> 00:12:04,000 for profit 355 00:12:08,550 --> 00:12:06,800 fits the spirit of quote for the benefit 356 00:12:11,670 --> 00:12:08,560 and in the interest of all countries 357 00:12:12,150 --> 00:12:11,680 end quote as you can see the outer space 358 00:12:14,389 --> 00:12:12,160 treaty 359 00:12:16,470 --> 00:12:14,399 lays some groundwork for space law but 360 00:12:18,629 --> 00:12:16,480 there are plenty of ambiguities 361 00:12:20,389 --> 00:12:18,639 and it wasn't really written with 362 00:12:22,230 --> 00:12:20,399 business in mind 363 00:12:23,509 --> 00:12:22,240 the agreement governing the activities 364 00:12:26,069 --> 00:12:23,519 of states on the moon 365 00:12:28,389 --> 00:12:26,079 and other celestial bodies referred to 366 00:12:30,310 --> 00:12:28,399 as the moon agreement of 1979 367 00:12:31,750 --> 00:12:30,320 was an attempt to address issues like 368 00:12:32,470 --> 00:12:31,760 questions pertaining to resource 369 00:12:34,150 --> 00:12:32,480 ownership 370 00:12:36,389 --> 00:12:34,160 the moon agreement makes the issue very 371 00:12:38,790 --> 00:12:36,399 clear it explicitly states 372 00:12:40,230 --> 00:12:38,800 quote neither the surface nor the 373 00:12:42,389 --> 00:12:40,240 subsurface of the moon 374 00:12:43,750 --> 00:12:42,399 nor any part thereof of natural 375 00:12:46,470 --> 00:12:43,760 resources in place 376 00:12:48,470 --> 00:12:46,480 shall become property of any state 377 00:12:50,310 --> 00:12:48,480 international intergovernmental or 378 00:12:53,590 --> 00:12:50,320 non-governmental entity 379 00:12:55,990 --> 00:12:53,600 or of any natural person end quote 380 00:12:57,750 --> 00:12:56,000 although this is considerably clear on 381 00:12:59,030 --> 00:12:57,760 the issue of resource ownership than the 382 00:13:01,269 --> 00:12:59,040 outer space treaty 383 00:13:02,470 --> 00:13:01,279 the moon agreement is for all intents 384 00:13:04,710 --> 00:13:02,480 and purposes 385 00:13:06,710 --> 00:13:04,720 completely irrelevant with respect to 386 00:13:08,710 --> 00:13:06,720 accepted space law 387 00:13:09,829 --> 00:13:08,720 unfortunately it's considered a failed 388 00:13:12,389 --> 00:13:09,839 treaty 389 00:13:13,509 --> 00:13:12,399 only 13 nations ratified it and none of 390 00:13:15,750 --> 00:13:13,519 those nations 391 00:13:17,509 --> 00:13:15,760 are engaged in manned space exploration 392 00:13:20,150 --> 00:13:17,519 so nobody takes it seriously 393 00:13:21,750 --> 00:13:20,160 and not surprisingly various countries 394 00:13:23,990 --> 00:13:21,760 have taken it upon themselves 395 00:13:24,870 --> 00:13:24,000 to create their own laws to suit their 396 00:13:28,230 --> 00:13:24,880 own needs 397 00:13:29,990 --> 00:13:28,240 and justify their actions in 2015 398 00:13:31,350 --> 00:13:30,000 the u.s commercial space launch 399 00:13:33,190 --> 00:13:31,360 competitiveness act 400 00:13:35,030 --> 00:13:33,200 also referred to as the space act was 401 00:13:36,949 --> 00:13:35,040 signed into law in the united states by 402 00:13:38,949 --> 00:13:36,959 president barack obama 403 00:13:40,629 --> 00:13:38,959 this bill was intended to expedite 404 00:13:42,470 --> 00:13:40,639 private space exploration 405 00:13:45,030 --> 00:13:42,480 and it specifically mentions space 406 00:13:47,269 --> 00:13:45,040 mining some believe the space act 407 00:13:49,509 --> 00:13:47,279 resolves the existing legal ambiguities 408 00:13:50,870 --> 00:13:49,519 and clears the way for companies to mine 409 00:13:53,430 --> 00:13:50,880 space resources 410 00:13:54,790 --> 00:13:53,440 title iv the space act states quote a 411 00:13:56,790 --> 00:13:54,800 united states citizen 412 00:13:58,310 --> 00:13:56,800 engaged in commercial recovery of an 413 00:14:00,870 --> 00:13:58,320 asteroid resource 414 00:14:01,990 --> 00:14:00,880 or a space resource under this chapter 415 00:14:04,389 --> 00:14:02,000 shall be entitled to any 416 00:14:05,269 --> 00:14:04,399 asteroid resource or space resource 417 00:14:08,790 --> 00:14:05,279 obtained 418 00:14:11,189 --> 00:14:08,800 including to possess own transport use 419 00:14:12,949 --> 00:14:11,199 and sell the asteroid resource or space 420 00:14:13,990 --> 00:14:12,959 resource obtained in accordance with 421 00:14:15,670 --> 00:14:14,000 applicable law 422 00:14:17,269 --> 00:14:15,680 including the international obligations 423 00:14:19,269 --> 00:14:17,279 of the united states end quote 424 00:14:21,030 --> 00:14:19,279 but the wall street journal's law blog 425 00:14:23,110 --> 00:14:21,040 pointed out that this legislation 426 00:14:24,069 --> 00:14:23,120 quote met with some questions about 427 00:14:25,750 --> 00:14:24,079 whether congress 428 00:14:27,829 --> 00:14:25,760 and the president have the authority to 429 00:14:28,230 --> 00:14:27,839 assign such rights under international 430 00:14:31,829 --> 00:14:28,240 law 431 00:14:33,670 --> 00:14:31,839 end quote similarly in 2017 432 00:14:35,350 --> 00:14:33,680 the small european country of luxembourg 433 00:14:37,110 --> 00:14:35,360 drafted its own legal framework 434 00:14:38,470 --> 00:14:37,120 addressing private property rights to 435 00:14:40,310 --> 00:14:38,480 space resources 436 00:14:42,629 --> 00:14:40,320 but even the luxembourg council of state 437 00:14:44,150 --> 00:14:42,639 recognizes that it's unclear whether 438 00:14:46,550 --> 00:14:44,160 international space law 439 00:14:49,110 --> 00:14:46,560 allows for a country to grant rights to 440 00:14:51,430 --> 00:14:49,120 natural resources mined in space 441 00:14:52,790 --> 00:14:51,440 in april of 2020 the united states made 442 00:14:54,710 --> 00:14:52,800 another independent move 443 00:14:57,430 --> 00:14:54,720 in an attempt to further justify 444 00:14:59,030 --> 00:14:57,440 american mining of space resources 445 00:15:01,910 --> 00:14:59,040 president donald trump signed an 446 00:15:03,590 --> 00:15:01,920 executive order boldly asserting quote 447 00:15:05,750 --> 00:15:03,600 americans should have the right to 448 00:15:08,069 --> 00:15:05,760 engage in commercial exploration 449 00:15:08,790 --> 00:15:08,079 recovery and use of resources in outer 450 00:15:11,269 --> 00:15:08,800 space 451 00:15:11,990 --> 00:15:11,279 consistent with applicable law outer 452 00:15:14,550 --> 00:15:12,000 space is 453 00:15:15,910 --> 00:15:14,560 a legally and physically unique domain 454 00:15:18,230 --> 00:15:15,920 of human activity 455 00:15:19,750 --> 00:15:18,240 and the united states does not view it 456 00:15:23,590 --> 00:15:19,760 as a global commons 457 00:15:25,829 --> 00:15:23,600 end quote space law is a mess 458 00:15:27,030 --> 00:15:25,839 space is kind of like the wild west and 459 00:15:29,749 --> 00:15:27,040 private companies are 460 00:15:31,430 --> 00:15:29,759 itching to join the space gold rush 461 00:15:32,470 --> 00:15:31,440 while there is some semblance of space 462 00:15:34,550 --> 00:15:32,480 law in place 463 00:15:35,829 --> 00:15:34,560 this legal framework was formulated back 464 00:15:37,590 --> 00:15:35,839 in the 1960s 465 00:15:39,350 --> 00:15:37,600 when most space activities were thought 466 00:15:42,629 --> 00:15:39,360 of as far off 467 00:15:44,550 --> 00:15:42,639 unrealistic science fiction dreams 468 00:15:46,870 --> 00:15:44,560 the outer space treaty is more than 50 469 00:15:49,030 --> 00:15:46,880 years old and critics have repeatedly 470 00:15:51,350 --> 00:15:49,040 pointed out the necessity for lawmakers 471 00:15:52,550 --> 00:15:51,360 to revisit the treaty to modify and 472 00:15:55,030 --> 00:15:52,560 expand the framework 473 00:15:57,110 --> 00:15:55,040 for modern space law making it fit this 474 00:16:00,069 --> 00:15:57,120 new space age we live in 475 00:16:01,990 --> 00:16:00,079 and it looks like maybe things are 476 00:16:04,389 --> 00:16:02,000 moving in that direction 477 00:16:06,470 --> 00:16:04,399 on august 24th of this year canadian 478 00:16:07,269 --> 00:16:06,480 media outlet the globe and mail reported 479 00:16:09,670 --> 00:16:07,279 that quote 480 00:16:11,670 --> 00:16:09,680 a canadian-led effort endorsed by more 481 00:16:14,150 --> 00:16:11,680 than 140 scientists 482 00:16:15,910 --> 00:16:14,160 former politicians and diplomats is 483 00:16:17,749 --> 00:16:15,920 asking the united nations 484 00:16:19,110 --> 00:16:17,759 to take the lead on drafting an 485 00:16:21,030 --> 00:16:19,120 international treaty 486 00:16:23,189 --> 00:16:21,040 that would set uniform rules for mining 487 00:16:25,189 --> 00:16:23,199 in space end quote 488 00:16:26,870 --> 00:16:25,199 the outer space institute is the driving 489 00:16:28,790 --> 00:16:26,880 force behind this effort 490 00:16:31,030 --> 00:16:28,800 and aside from having a pretty sweet 491 00:16:32,790 --> 00:16:31,040 name the outer space institute 492 00:16:34,310 --> 00:16:32,800 is a canadian-based international 493 00:16:37,189 --> 00:16:34,320 institute dedicated to space 494 00:16:39,110 --> 00:16:37,199 studies it's the issue of individual 495 00:16:40,790 --> 00:16:39,120 countries making up their own laws 496 00:16:43,189 --> 00:16:40,800 related to space resources 497 00:16:44,629 --> 00:16:43,199 that really prompted this initiative the 498 00:16:46,870 --> 00:16:44,639 globe and mail explains 499 00:16:48,150 --> 00:16:46,880 quote signatories to the request for the 500 00:16:49,910 --> 00:16:48,160 un to intervene 501 00:16:51,269 --> 00:16:49,920 believe space must be regulated 502 00:16:54,150 --> 00:16:51,279 internationally 503 00:16:55,189 --> 00:16:54,160 similarly to antarctica or the world 504 00:16:57,910 --> 00:16:55,199 seabeds 505 00:16:58,790 --> 00:16:57,920 and all countries including non-space 506 00:17:01,110 --> 00:16:58,800 faring ones 507 00:17:02,470 --> 00:17:01,120 get a say in decision making the 508 00:17:04,150 --> 00:17:02,480 alternative they warned could be a 509 00:17:04,789 --> 00:17:04,160 splintered approach where companies 510 00:17:07,029 --> 00:17:04,799 conduct 511 00:17:07,829 --> 00:17:07,039 flag of convenience resource extraction 512 00:17:09,829 --> 00:17:07,839 in space 513 00:17:12,470 --> 00:17:09,839 under whichever country has the least 514 00:17:14,549 --> 00:17:12,480 onerous rules end quote 515 00:17:15,909 --> 00:17:14,559 will anything come of this we'll just 516 00:17:18,789 --> 00:17:15,919 have to wait and see 517 00:17:19,909 --> 00:17:18,799 i sure hope so space law needs lots of 518 00:17:21,990 --> 00:17:19,919 attention 519 00:17:24,390 --> 00:17:22,000 again space is like the wild west right 520 00:17:25,270 --> 00:17:24,400 now i fully expect that several 521 00:17:27,350 --> 00:17:25,280 companies 522 00:17:29,350 --> 00:17:27,360 and or nations will push forward with 523 00:17:31,430 --> 00:17:29,360 space mining efforts despite legal 524 00:17:33,029 --> 00:17:31,440 ambiguities or objections from other 525 00:17:35,830 --> 00:17:33,039 space-faring countries 526 00:17:38,230 --> 00:17:35,840 because really who's going to enforce 527 00:17:40,390 --> 00:17:38,240 these debatable space laws anyway 528 00:17:42,830 --> 00:17:40,400 and of course these laws would be 529 00:17:45,029 --> 00:17:42,840 trivial if it becomes clear that 530 00:17:45,990 --> 00:17:45,039 extraterrestrials own an asteroid or 531 00:17:49,350 --> 00:17:46,000 some other celestial 532 00:17:50,070 --> 00:17:49,360 body take mars for example if the united 533 00:17:52,470 --> 00:17:50,080 states 534 00:17:53,990 --> 00:17:52,480 or even a u.s company establishes a 535 00:17:55,990 --> 00:17:54,000 colony on mars 536 00:17:57,270 --> 00:17:56,000 then is later approached by a 537 00:17:58,470 --> 00:17:57,280 representative from a martian 538 00:18:00,470 --> 00:17:58,480 civilization 539 00:18:01,590 --> 00:18:00,480 who announced that they are laying claim 540 00:18:04,230 --> 00:18:01,600 to the colony 541 00:18:06,470 --> 00:18:04,240 because it's on their land what rights 542 00:18:09,270 --> 00:18:06,480 should these u.s colonists have 543 00:18:09,909 --> 00:18:09,280 well first of all under current space 544 00:18:12,470 --> 00:18:09,919 law 545 00:18:13,190 --> 00:18:12,480 the colonists are obligated to inform 546 00:18:15,430 --> 00:18:13,200 the un 547 00:18:16,870 --> 00:18:15,440 about the extraterrestrials and about 548 00:18:18,789 --> 00:18:16,880 the incident 549 00:18:20,950 --> 00:18:18,799 attorney susan simpson explains on the 550 00:18:23,510 --> 00:18:20,960 website the view from ll-2 551 00:18:23,990 --> 00:18:23,520 that under article 11 of the outer space 552 00:18:25,270 --> 00:18:24,000 treaty 553 00:18:27,590 --> 00:18:25,280 a colony like this would have an 554 00:18:27,990 --> 00:18:27,600 obligation to inform the secretary 555 00:18:29,909 --> 00:18:28,000 general 556 00:18:31,830 --> 00:18:29,919 of the united nations as well as the 557 00:18:32,789 --> 00:18:31,840 public and the international scientific 558 00:18:34,630 --> 00:18:32,799 community 559 00:18:36,630 --> 00:18:34,640 to the greatest extent feasible and 560 00:18:39,190 --> 00:18:36,640 practicable of the nature 561 00:18:41,350 --> 00:18:39,200 conduct location and results of the 562 00:18:44,310 --> 00:18:41,360 encounter with extraterrestrials 563 00:18:46,070 --> 00:18:44,320 she continues quote therefore not only 564 00:18:47,029 --> 00:18:46,080 must all of the nations be made aware of 565 00:18:49,029 --> 00:18:47,039 the aliens 566 00:18:51,029 --> 00:18:49,039 no secret men in black type arrangements 567 00:18:52,630 --> 00:18:51,039 can legally take place either 568 00:18:54,549 --> 00:18:52,640 the discovery of an extraterrestrial 569 00:18:55,510 --> 00:18:54,559 intelligence must be announced to the 570 00:18:57,669 --> 00:18:55,520 world 571 00:18:58,950 --> 00:18:57,679 even if all the states wanted to make it 572 00:19:01,270 --> 00:18:58,960 a government secret 573 00:19:02,630 --> 00:19:01,280 the scientific community also has a 574 00:19:05,270 --> 00:19:02,640 right to be informed 575 00:19:06,390 --> 00:19:05,280 end quote but what about the native 576 00:19:08,390 --> 00:19:06,400 martians 577 00:19:10,390 --> 00:19:08,400 the outer space treaty wouldn't and 578 00:19:12,150 --> 00:19:10,400 couldn't regulate their actions 579 00:19:14,710 --> 00:19:12,160 mars certainly isn't explanatory to that 580 00:19:17,270 --> 00:19:14,720 treaty a new situation like this 581 00:19:19,110 --> 00:19:17,280 would raise many legal questions did the 582 00:19:21,510 --> 00:19:19,120 martians act in accordance with their 583 00:19:23,669 --> 00:19:21,520 own laws in claiming the colony 584 00:19:25,350 --> 00:19:23,679 what redress could the martians seek 585 00:19:27,510 --> 00:19:25,360 could they sue in their courts 586 00:19:29,750 --> 00:19:27,520 what remedy could the u.s companies seek 587 00:19:32,070 --> 00:19:29,760 could it sue in the united states 588 00:19:34,310 --> 00:19:32,080 how do you sue an extraterrestrial and 589 00:19:36,390 --> 00:19:34,320 sure the us military could intervene and 590 00:19:38,070 --> 00:19:36,400 retake the colony by force 591 00:19:39,590 --> 00:19:38,080 if they had the technological means to 592 00:19:41,190 --> 00:19:39,600 do so but 593 00:19:44,390 --> 00:19:41,200 this course of action would likely 594 00:19:46,230 --> 00:19:44,400 instigate an interplanetary conflict 595 00:19:48,390 --> 00:19:46,240 ideally the colonists would begin a 596 00:19:50,710 --> 00:19:48,400 dialogue with the martian civilization 597 00:19:52,390 --> 00:19:50,720 which could progress into a formation of 598 00:19:54,789 --> 00:19:52,400 an interplanetary treaty 599 00:19:55,750 --> 00:19:54,799 and the birth of interplanetary space 600 00:19:58,230 --> 00:19:55,760 law 601 00:20:00,549 --> 00:19:58,240 after all the outer space treaty states 602 00:20:07,720 --> 00:20:00,559 that astronauts are regarded as 603 00:20:10,950 --> 00:20:07,730 envoys of mankind in outer space 604 00:20:12,549 --> 00:20:10,960 [Music] 605 00:20:14,470 --> 00:20:12,559 well citizens that's gonna do it for 606 00:20:16,149 --> 00:20:14,480 this episode you can find more episodes 607 00:20:16,870 --> 00:20:16,159 of unknown on all the major podcast 608 00:20:18,310 --> 00:20:16,880 platforms 609 00:20:20,710 --> 00:20:18,320 and you can always find this show and 610 00:20:22,070 --> 00:20:20,720 our other shows at rogueplanet.tv 611 00:20:24,630 --> 00:20:22,080 because unknown is a rogue planet 612 00:20:26,870 --> 00:20:24,640 production replenished tv is your home 613 00:20:28,149 --> 00:20:26,880 for all the strange feel free to reach 614 00:20:28,870 --> 00:20:28,159 out to us if you've got a story you want 615 00:20:30,310 --> 00:20:28,880 to share 616 00:20:32,149 --> 00:20:30,320 if there's a story or topic you'd like 617 00:20:33,029 --> 00:20:32,159 us to cover on this show or anything 618 00:20:34,710 --> 00:20:33,039 else 619 00:20:36,669 --> 00:20:34,720 you can find us on social media or 620 00:20:39,110 --> 00:20:36,679 simply email us at contact 621 00:20:39,750 --> 00:20:39,120 rogueplanet.tv thanks again for hanging 622 00:20:41,750 --> 00:20:39,760 out today 623 00:20:43,510 --> 00:20:41,760 i'm jason mcclellan do us a favor 624 00:20:44,950 --> 00:20:43,520 friends always treat the ufo subject 625 00:20:46,630 --> 00:20:44,960 with the cautious and responsible 626 00:20:49,029 --> 00:20:46,640 skepticism it deserves 627 00:20:49,909 --> 00:20:49,039 question everything have the courage to 628 00:20:52,630 --> 00:20:49,919 form your own 629 00:20:53,110 --> 00:20:52,640 opinions keep truth as the focus of your 630 00:20:54,950 --> 00:20:53,120 quest 631 00:20:56,310 --> 00:20:54,960 even if the truth conflicts with your