Slashdot is powered by your submissions, so send in your scoop

 



Forgot your password?
typodupeerror
×
Space Government The Courts News

Lawyers In Space... 553

colonist writes "The Christian Science Monitor presents an interesting overview of space law. Some want space to be shared by all: 'Outer space is a province of all mankind. There is not, and should not be, any privatization of outer space. It is a common thing that should belong to all.' Some people have claimed parts of the moon or Mars. In response, a lawyer has claimed the sun, 'to show how ridiculous a property-rights system in outer space would be if it were based solely on claims unsubstantiated by any actual possession.' The Space Settlement Initiative wants official recognition of land claims made by those who establish human settlements on the moon or Mars."
This discussion has been archived. No new comments can be posted.

Lawyers In Space...

Comments Filter:
  • Possession != Right (Score:4, Interesting)

    by Louis Savain ( 65843 ) on Thursday August 05, 2004 @10:57AM (#9888976) Homepage
    'to show how ridiculous a property-rights system in outer space would be if it were based solely on claims unsubstantiated by any actual possession.'

    Even actual possession does not give you a right to anything. Someone else may come along and kick your sorry ass off the land (or your space rock), as history has shown time and time again. These planets and stars have been around for billions of years, how can any Johnny-come-lately dare think any of it should belong to him?
  • Star Registry (Score:3, Interesting)

    by AviLazar ( 741826 ) on Thursday August 05, 2004 @10:58AM (#9888980) Journal
    Come on, I am slowly but surely taking over all of space by registering stars at the US Patent office. Do not worry - I have about 100 constellations now - talk about prime time real-estate.
    For those who want to claim the SUN and charge the rest of us an energy bill - well as long as you can build an office on the sun, you can have it :)
    -A
  • by Vexler ( 127353 ) on Thursday August 05, 2004 @11:01AM (#9889019) Journal
    I really don't see the need to add hot gas to more hot gas.
  • Space Law (Score:2, Interesting)

    by ddelrio ( 749862 ) on Thursday August 05, 2004 @11:01AM (#9889024)
    So if there is no posession in space, is there to be law? I'm wondering if there will ever be a time when mankind can escape government. Will we ever truly be free? Will there ever be an anarchists' haven?
  • by LittleGuy ( 267282 ) on Thursday August 05, 2004 @11:03AM (#9889045)
    Been there, done that...

    Heinlein's 'The Man Who Sold the Moon' [amazon.com]

    TOS' 'Court Martial' [startrek.com].

  • A la Kubrick (Score:2, Interesting)

    by cynic10508 ( 785816 ) on Thursday August 05, 2004 @11:16AM (#9889191) Journal
    When I read "Lawyers in Space..." I immediately heard the Blue Danube while picturing an attorney, briefcase clutched firmly in hand, slowly spiraling his way through space.
  • Space and commerce (Score:5, Interesting)

    by sql*kitten ( 1359 ) * on Thursday August 05, 2004 @11:17AM (#9889195)
    . There is not, and should not be, any privatization of outer space. It is a common thing that should belong to all
    It's hard to know where to begin to refute such stupidity. Space will not be a part of everyday life until it is economically viable; that is to say, until the value of things you can do in space exceeds the cost of getting into space in the first place. If it costs you USD 10Bn to get to an asteroid and back and you can bring back USD 11Bn worth of minerals with you, then getting a job in space will be no harder than getting a job on an oil rig, or in a mine. But if, as soon as you get back to Earth, your minerals are confiscated because they "belong to all", then why would you bother going? If your colony can be raided by anyone with a ship and there's no policing based on ownership, how is that different from your home being robbed now?

    Until and unless a legal framework for ownership of assets (perhaps by being the first to land on them and remain for a period of time) exists, space will remain the preserve of a self-perpetuating government-academic elite and a dream for the common man - but that common man's taxes are what'll pay for it all still. Once space is opened up to industry, then ordinary people can move there, and only then.
  • by ArsonSmith ( 13997 ) on Thursday August 05, 2004 @11:20AM (#9889231) Journal
    It always disappointed me that the Lawyers were the ones that become politicians. Kinda makes for a self perpetuating system of complex laws. What incentive do politicians have to simplify the legal system?

    I think it should be a constitutional amendment that Lawyers are not allowed to hold public office. If you pass the bar you have to sign something that says you will never be allowed to run for public office. Or at least have a restriction that you have to give up your certification for 10-20+ years.
  • by MemoryDragon ( 544441 ) on Thursday August 05, 2004 @11:21AM (#9889246)
    They can be applied as long as our system here in earth is like that. Lets assume a little sci fi. Humanity runs into a new langrabbing phase, this time in space. As soon as they run into a superior alien race there is a high chance, that

    a)Either humanity gets their asses kicked and the laws and laywers go down with the rest of the system

    b) humanity adapts to the race and therefore stops landgrabbing, there goes capitalism as well in the long term These kind of things only can be applied as long as we run into no or technically and socially less developed civilizations. Therefore landgrabbing might be possible in our own solar system but can proof fatal in the long term future. Im pretty confident that a socially higher developed civilization would see our system of landgrabbing lawyers primitive and would try to influence us in the long term to get rid of it, onw way or the other. (The indians were socially much more advanced in this regard, but did not have the technical means to defend their points)

  • Re:So can I sue (Score:2, Interesting)

    by ArsonSmith ( 13997 ) on Thursday August 05, 2004 @11:23AM (#9889259) Journal
    but yet someone blasting my property with television signals from outer space can charge me for there "service"????

    Sorry your argument doesn't hold up.

  • Re:Paradigm shift (Score:3, Interesting)

    by mccalli ( 323026 ) on Thursday August 05, 2004 @11:26AM (#9889292) Homepage
    The problem with what you're describing is you're assuming that all the space settlements will be done by terrestrial governments...The paradigm is shifting to true private enterprise, and the space colonies will be a "FutureCorp" colony and a "Maximum Space Travel" colony...These ventures will still have terrestrial presences, but will paricipate on a level playing field with other nations, representing the concerns of their space-based constituency.

    Government-based, private corporation colony-based, commune-based...doesn't matter. The principle is exactly the same. Can the entity wishing to be independent enforce that indpendence against the home power? FutureCorp may well have paid for the development of that project, but as coups followed by state takeovers here on Earth have already shown, the private company doesn't necessarily get to keep those assets in the case of political upheaval.

    It purely comes down to whether the originating entity can exert enough force (armies, sanctions on food etc.) to bring the rebelling entity back to the fold. If it can't do that, and in space the distances and expense could make it a real problem, then FutureCorp's colony just became a formerly FutureCorps's colony and is free to strike out on its own.

    Cheers,
    Ian

  • Lawyers or Morons? (Score:2, Interesting)

    by DanielMarkham ( 765899 ) on Thursday August 05, 2004 @11:33AM (#9889369) Homepage
    Where do they get the people for these stories?

    Laws are based on structures built around the application of force (hence the phrase "force of law"). You just can't dream up a bunch of silly utopian-sounding dim-witted platitudes and have that become some sort of interstellar law.

    One of the laws mentioned in the article was signed off by only five countries.

    I'm afraid that this well-meaning, yet groundless search for universal fairness will only do harm -- as many posters have pointed out, why seek to commercialize space if there is no ownership?

    Look. I want to live in a world where there is no war, everybody loves one another, and we all sing kumbaya -- but that ain't going to happen. Economic progress is built on the chaos of individual freedom and property. That means along with nice TVs and BMWs we get greed, wars, and lawyers. That's just the nature of commerce. And by golly, I want to drive a new BMW spaceship before I croak!
  • by Baldrson ( 78598 ) on Thursday August 05, 2004 @11:36AM (#9889403) Homepage Journal
    As part of my efforts to commercialize space technology and operations [geocities.com], I came to a simple realization [geocities.com]:

    People get all confused about the role of property rights and governments because the tax base has shifted from assets to income.

    If the tax base were on assets, where it belongs, it would be much more intuitive to people that government, when functional, provides an insurance service: it insures that property rights are protected.

    The simplest way of envisioning this is to imagine a reinsurance network where the reinsurer of last resort is what we call "the government". Where "citizen franchise" comes in is in the fact that during times of emergency, "governments" have historically conscripted able-bodied men (and to some degree and in some roles women) to enforce the property rights insured by the government. This citizen franchise is in the form of votes on things relating to the conscription of citizens but it also is in the form of exemption from certain other duties or taxes -- which would otherwise be paid in the form of insurance premiums.

    Imagine a situation in which if you declare something to be insurable, you do nothing more than pay your insurance premiums and that's the end of your tax liability. Certainly, the guys who run around the globe tormenting Muslims wouldn't like this -- since they would have to actually end up paying for the risks they bring upon themselves and others in places like the US, but really -- do the rest of us need atavisms like the World Trade Center that much?

  • by scampiandchips ( 741448 ) on Thursday August 05, 2004 @11:37AM (#9889408)
    There is a slightly similar situation in Antarctica, where a treaty exists in which no claims of ownership are recognised. I think its quite a common belief in some military circles that it could well be a serious point of conflict if any quantity of natural resources are found there. Its probably a very good model of how things might work for ownership of the moon and mars.
    From an antarctic website:
    In 1961, the Antarctic Treaty took effect with signatures from the twelve countries who participated in the IGY. The treaty is a surprisingly short and simple document, but it is one of the most successful international agreements ever made. It deals with issues regarding the future of Antarctica and recognizes that:
    The Antarctic Treaty guarantees four things: "Antarctica will remain open for scientific research to nations who agree to the treaty. No military bases can be built on the continent. There will be no testing of nuclear weapons or dumping of nuclear waste in Antarctica. No claims of ownership are recognized or denied, and no new claims of ownership can be made. Since the treaty took effect several additional countries have signed on and members have added laws to protect Antarctic plants and animals. In 1991, the treaty was further strengthened by the Protocol on Environmental Protection which defines Antarctica as a "natural reserve devoted to peace and science." Today, scientists maintain year-round research stations throughout Antarctica but it remains an untamed wilderness.
  • by DAldredge ( 2353 ) <SlashdotEmail@GMail.Com> on Thursday August 05, 2004 @11:48AM (#9889557) Journal
    But the real world proves your are wrong. Look at the legal system of the US, it has over 100,000 pages of laws/regs just for the tax code alone.

    It is a fucking joke.
  • Jewish law (Score:1, Interesting)

    by kongtomorrow ( 244521 ) on Thursday August 05, 2004 @11:52AM (#9889626)
    The real question, of course, is how Jewish law applies in space.

    Jews... In... Spaaaace... [blogspot.com]
  • Re:Your Sig (OT) (Score:2, Interesting)

    by skiman1979 ( 725635 ) on Thursday August 05, 2004 @12:09PM (#9889835)
    the +x *allows* /bin/laden to be *executed*

    Yes, but in this sense, "execute" does not mean "end his life." It's "execute" in the sense of "allow to run". I agree in this case it should be 'rm -rf /bin/laden' or perhaps 'killall laden && rm -rf /bin/laden' in case /bin/laden is already running.

  • R.A.H. (Score:2, Interesting)

    by Ashinberry ( 622188 ) on Thursday August 05, 2004 @12:22PM (#9889964)
    I think Robert Heinlein's fictional "Larkin decision" as mentioned in Stranger in a Strange Land. Land ownership of spatial objects under that system is pretty much first come (land on) first serve, with a caveat that you must stay yourself or leave human representatives on the property for as long as you intend on laying claim to it.

    I have no .sig
  • by Damiano ( 113039 ) on Thursday August 05, 2004 @12:27PM (#9890044)
    On the contrary, this makes perfect sense. How in the world do you expect someone without legal training to understand, let alone *write* new laws? Thats like being disappointed that people with degrees in computer science go on to get jobs writing software.
  • Property Taxes??? (Score:4, Interesting)

    by Fbelch ( 9658 ) on Thursday August 05, 2004 @12:40PM (#9890224) Homepage
    Hey..
    If these people say they own the sun / moon / other celestial objects.

    Let's start charging them property taxes.

    Sun Example:
    6069871166000.84 square kilometers of surface (Approx)
    x $200 / square kilometer
    = $ 1,214,000,000,000,000 (Approx)
    + Processing Fees (Lawyers love them.. so they would be happy to pay them.).

    Of course the fees would be charged yearly... And interest would be charged on missed payments!

    After something like this, lets see how fast they give up these celestial objects!

  • by Anonymous Coward on Thursday August 05, 2004 @01:23PM (#9890705)
    I would suggest something like the Homestead Act.

    If you want to claim it, you have to live on the property for at least 5 years and improve it.

    Perhaps instead of 100 acres, we should go for a territorial limit of 12 miles, or more reasonably the 200 mile economic zone many countries use, as territory.

    Now -that- would provide impetus to space exploration!
  • by tz ( 130773 ) on Thursday August 05, 2004 @01:57PM (#9891188)
    the solar flares, and all the other bad things the sun does. He owns it, he should keep it on a leash and clean up after it.
  • I suspect that everytime someone will try to pass a bill allowing settlements, they will find a reason that more study is needed.

    Would there even need to be a law allowing settlements? If Joe Bazzillionaire decides to retire to Mars, is it really going to be worth the tax bill to fly out there and bring him back?

    "Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced" -Albert Einstein
  • by alizard ( 107678 ) <alizard&ecis,com> on Thursday August 05, 2004 @06:26PM (#9894362) Homepage
    The origin of property ownership basically comes down to one armed person or an armed group standing on a piece of land saying "This belongs to me/us, take it away from us if you can."

    I don't think the concept of property ownership or "common rights of humanity" will really mean much of anything unless and until we actually have people up there representing themselves or a government to assert a property claim.

    I prefer private ownership, nobody is going to put their own investment into a piece of property they do not have a legal right to, and if there is no private investment, there is no space colonization or industrialization.

    As to why this issue is likely to become a "live" one long before the lawyers expect it to, follow the link in my sig.

"May your future be limited only by your dreams." -- Christa McAuliffe

Working...