This clause first appear in Issue 13 of our digital magazineCURIOUS .
Would you move to the Moon ? It ’s probably the cosmic world you ’re most familiar with other than , you know , Earth – and where good to tout about have a holiday home base ? One thing − can you even purchase real land on the Moon ?
If you build a house on the Moon , according to the Outer Space Treaty , anybody can follow locomote through it .
As luck would have it , we crossed path with a Space Lawyer last month , giving us the opportunity to ask just that . And before you ask , yes , Space Lawyer is a real job title . Not only is Michelle Hanlon , Air and Space Law Instructor , Research Counsel , using her sound knowledge to reshape our understanding of the Outer Space Treaty , but she ’s contributed towards creating the first ever off - major planet heritage situation for humankind , while also regard what allowances we require to make should life on other worlds end up share space with the human race .
What does being a Space Lawyer involve ?
MH : We have a treaty in place that governs activeness in outer space and it is really like the Magna Carta of space natural action . The most important commandment of the Outer Space Treaty is that distance is for everyone , and everyone shall have freedom of exploration and memory access to all areas . The other really important precept is that no state may exact territorial dominion in space . So fundamentally , then the question is , if you ca n’t arrogate territory , how can we build communities in space ? Because that conception is ground on the idea of property of possession .
What my piece of work is concentre on is empathize how to thread the needle between the theme of exemption of access , for everybody . If you call back about it , if you establish a sign of the zodiac on the Moon , accord to the Outer Space Treaty , anybody can add up traveling through it .
But is that really exemption of memory access ? How do we balance this exemption against what we know we need ? And so , for example , here on Earth , the [ United Nations ] Declaration of Human Rights says everybody has a right hand to own property . And so that ca n’t just be taken aside when you go to space . So , we ’re really trying to find that counterpoise and understand how we ’re going to establish residential district peacefully , within the framework that ’s coiffure up by this Outer Space Treaty .
Are there any Earthly concept that help you do this ?
Space is infinite , and we have to be mindful that perhaps there are other being in space that are sentient .
MH : There are places on Earth that are not governed by any jurisdiction : the mellow sea . So , we do have a little bit of a concept of what it looks like to be active in an area that has no sovereign jurisdiction . The job is that we still have flags , and we ’re talking about boats floating , there are no islands in the high seas that are n’t claimed by anybody .
So , we ca n’t quite move that concept to space . A lot of people try sound out the gamy sea are deal a global park , and from an economical and philosophical point of view , space is a global commons . But infinite is infinite , and we have to be mindful that perhaps there are other beings in space that are sentient . So , this concept that all of space belong to all of humanity , it ’s kind of bunk , right ? Certainly , when we look at low - worldly concern orbit , that is a finite resourcefulness . I view low - Earth orbit like the high sea . We ’re junking it up because nobody ’s taking responsibleness , and that ’s a problem . But when you get beyond low Earth orbital cavity , when you get beyond our Moon , then you really have no Earthly precedents .
Is the increase in place activity making your life more complicated ?
MH : It is , but in only the good room possible . This is the catamenia that historians will see back on and say , this is the democratisation of space . It used to be only Carry Nation could go , and it was only Russia , the US , and China . give thanks goodness for these billionaires who are spending their own money to calculate out how to get to quad , because certainly the taxpayers do n’t have the money to do that and should n’t be fund it .
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clause Six of the Outer Space Treaty enjoin that states have to take responsibility for their nationals in space , whether they ’re governmental entities or not . Elon Musk and Jeff Bezos are American national , their company are American companies , and the United States has a responsibility to verify that their activity conform with the Outer Space Treaty .
It just opens up so many interrogation from a legal standpoint ; what does conform mean ? Does that mean they have to follow the letter of the law of the Outer Space Treaty ? Which itself does n’t say you ’re obligated to meet all the responsibilities ; it just says conform . Article Two says you may not lay claim dominion by means of sovereignty , or any other means , but it does n’t say that just a human somebody ca n’t . And now we ’re take in that possibility . I get laid the Outer Space Treaty , it ’s a tremendous document , but it has a lot of gap , and we really need to start thinking about filling those gaps .
What about building a hotel on the Moon ? There ’s nobody who has the authority to say , yes , you could build up that hotel .
So … could we one day purchase genuine land on the Moon ?
MH : That ’s a really interesting question . We could , but I retrieve it would be sad if we did . The problem , when you retrieve about bribe something , is who own it in the first place . When you purchase a property , you go to a government who has the authority to say you will now own this plot of solid ground . Nobody has that dominance over the Moon .
If you ’re ramp up lunar research stations , the Outer Space Treaty has this concept that if it ’s for scientific discipline it ’s OK , so long as you apportion all your information with everybody . But what about building a hotel on the Moon ? There ’s nobody who has the authority to say , yes , you’re able to build that hotel .
It ’s a hard process , but it has to go on if we are going to search beyond our orbits . We ’re function to need to allow the great unwashed to build up sign of the zodiac and claim Din Land . I personally would like to see the Moon treated a little bit differently from the residue of quad , permit ’s keep the Moon as pristine as we can .
Is it nerveless being a Space Lawyer ?
MH : Oh my goodness , I love every day . I lift myself all the time . I was a job lawyer for 25 class before I became a Space Lawyer . I ’m very detail - tailor and care to read contracts , and get into the green goddess of thing . So , I really enjoy it every time I read the Outer Space Treaty . I see different interpretations and different things in dissimilar way .
It ’s just such an exciting field of legal philosophy to be in because there are no laws ; we ’re really do it up as we go along . Hopefully , I ’m contributing to the responsible management of our blank space activities , but what I really hump about what I do is every day seeing sempiternal possibilities . I ’m very optimistic that the more we interact with space , the more human beings we send to distance , the more we ’re lead to remember our relationship with each other .
CURIOUS magazineis a digital clip from IFLScience featuring interviews , experts , deep dive , play fact , news , book excerpts , and much more .
