A space lawyer explains why we need space law!



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  Moon

Image de représentation Creative Commons

With all the aligned lunar missions and future colonization plans of our one and only natural satellite; A constant question is this: how will the lunar earth be divided between the conquering nations? Well, it's something that will be determined under the space law.

Recently, a space lawyer explained the most common question that he encounters: "Who owns the moon?"

According to Frans von der Dunk, the director of the International Institute of Space Law, the United States is aware that seeing an American flag on the lunar surface will raise major political issues around the world.

If the world even supposes that the moon will become a part of US territory could legally fuel several concerns. It can even give rise to international disputes, which will be extremely damaging to the American space program as well as to the interests of the nation in general.

Frans von der Dunk also holds the Alumni / Othmer Chair in Space Law Harvey and Susan Perlman. the LL.M. of the University of Nebraska-Lincoln. Program on Space, Cyber ​​and Telecommunications Law

Did Neil Armstrong and Buzz Aldrin transform the Moon or did their adventure at least make of a large part of the Moon a part of US territory? Neither the astronauts themselves nor the US NASA space agency or the US government wanted the United States flag on the moon to create this effect, said von der Dunk

The answer was engraved two years before the first manned mission. Moon. In 1967, the Treaty of Outer Space, the United States and the Soviet Union, as well as other countries with a space program, had agreed that the "colonization" of the Earth had caused extreme human suffering and several wars across the centuries. So, the moon had become legally "world common", which means that all nations will also have access to the lunar land.

So, essentially, the American flag on the moon was not claiming sovereignty, however, it was placed there to actually honor the American taxpayers and also the engineers, who did all this happen. Armstrong and Aldrin were carrying a plaque that said they were "coming in peace for all humanity," and as Armstrong said, it was a "giant step for the future." "humanity", not only for the United States

. and NASA kept its word and shared the samples and moon rocks that the astronauts had collected from the moon with all the other nations. Even during the Cold War, the United States had shared this information with the Soviet Union.

So, then spatial law is no longer necessary; right? It is not that simple.

Although the legal status of the moon is that of "global commons", the 1967 Outer Space Treaty left many questions unanswered. Humans have not been on the moon either since the last lunar mission in 1972, which made lunar land rights extremely theoretical. However, this changed a few years ago when several nations proposed new plans to land on the moon.

Currently, at least two US companies, Planetary Resources and Deep Space Industries, are now targeting asteroids to exploit their resources. mineral resources. Point to Note: Under the Space Treaty, no state can legally possess a celestial body, including the moon and asteroids.

Thus, the Space Treaty has not solved the issue of commercial exploitation of natural resources on the moon and other celestial bodies, "Frans von der Dunk has written in The Conversation This is the subject of a huge debate within the international community and no solution has yet been found

There are two possible outcomes :

  1. Countries with large space programs can accept the treaty and recognize the moon as a common good, so that all nations, which are properly authorized and respect space law, can access the moon.
  2. Several nations Like Russia, Brazil and Belgium, believe that the moon and asteroids belong to all humanity, therefore the benefits of commercial exploitation should come to the whole humanity or, at least, ensure "profits in for all of humanity. "

Whatever the solution, the legal battle on the land of the moon is far from over. believes the lawyer of the space. Although it is not the same thing as the old European colonization; he can still have the same terrible effects on Earth.

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