Spacex News – Elon Musk’s “City-State” on Mars: An International Problem – Author: Ashley Gjovik
The private space industry is booming with companies like SpaceX, Blue Origin, and Virgin Galactic all designing spacecraft to transport people into the cosmos. Elon Musk is the closest to launching a space faring program, with near-term plans to send humans to the Moon and Mars. In October 2020, Musk, a genius billionaire, quietly declared the independence of a new country on Mars. Musk claimed he will have humans on Mars to start building the new “free” “city-state” by 2026. He also declared the new “country” will not “recognize the laws of Earth.”
All three tech billionaires currently face few obstacles to implement their plans. However, one obstacle for all of them will be navigating international law. Musk already appears to be exploiting many soft spots in international politics, which are no competitor to a ruthless tech titan. Musk’s plans are an urgent international problem that requires a new multi-national solution.
Musk’s Declarations About Mars
For decades, Musk has spoken about his desire for humans to become “interplanetary.” Musk founded SpaceX in 2001 with his PayPal fortune and the goal to put humans on Mars. After Russia rejected his offer of $20 million to buy several intercontinental ballistic missiles, Musk began manufacturing and launching his own rockets. Musk plans to start sending humans to Mars by 2026 and then shuttling thousands of people between Earth and Mars before 2030. Muskplans to create a city on Mars by 2050 and then a completely self-sufficient city of a million people on Mars by the end of the century.
Musk is an eccentric guy and not everything he says should be taken seriously. However, it is clear Musk is serious about bringing humans to Mars. In 2017 and 2018, he published detailed plans for settling Mars. In October 2020, Musk published a terms of service agreement for beta customers of his new Starlink wireless internet service. The agreement included a very specific note about the governance of Mars. In Starlink’s “Pre-Order Agreement,” under “Governing Law,” the contract states,
“For Services provided on Mars, or in transit to Mars via Starship or other spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement.”
Further, in December 2020Musk began selling off all of his possessions to help fund the city on Mars. A SpaceX attorney even stated he is actively drafting a Martian constitution. There is every reason to think Musk will follow through.
Common Heritage of Mankind
Ultimately, a city on Mars would simply be an extension of Earth, though separated by a different kind of sea. National jurisdiction and sovereignty are always limited in several areas: outer space, international airspace, international waters, international sea beds. All these areas are considered the “common heritage of mankind” (CHM). These are areas where activities are expected to be carried out in the collective interests of all states and benefits are expected to be shared equitably. Space exploration is a priority for many nations, as well as for the scientific community. There is zealous global interest in space travel, studying celestial objects, and even operating scientific laboratories in space and on planets.
The 1967 Outer Space Treaty (OST) explained in Article II that outer space is not “subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.” This provision is referred to as the non-appropriation principle. The policy rationale is to dis-incentivize states from “reenacting terrestrial land rushes” and taking boundary disputes into space. Scholars argue that the outer space non-appropriation principle has passed into customary international law.
In this sense, Mars is equivalent to the high seas. According to the United Nations Law of the Sea Convention, “international waters” belong to everyone and no one. There is a history of rogue actors declaring “new nations” in domestic and international waters; a phenomenon often referred to as “seasteading.” None of these “nations” have ever been recognized as legitimate. The UK. rejected a British man’s declaration that a WWII platform was now the “Principality of Sealand.” Italy rejected the “Republic of Rose Island” off its coast and eventually destroyed the “nation” with dynamite. U.S. courts have rejected seasteading as well, deciding that artificial islands on the coast of Florida were under U.S. jurisdiction.
Private Property Rights in Space
International law is clear about private property rights in space – there are none. Private property rights can only be created by a state on the property over which the state has sovereignty. The 110 countries that have ratified the OST are not allowed to create private property rights. The OST is ratified by all states with space programs and reflects the consensus of resolutions of the U.N. General Assembly on the topic.
Under the OST, states are also liable for the activities of non-state actors, whether they are private corporations or international organizations. States must ensure private activities conform to the obligations of the OST. It is up to each party state to create their own domestic legislation to effectuate this. The U.S. created the ability of private citizens to go into space with proper government authorization and supervision through several pieces of domestic legislation. However, while the OST requires “continuing supervision” by nations of private actors while in space, U.S. laws omit regulating activities in space, instead focusing on launches and reentry.
Read the complete article on: https://moderndiplomacy.eu/2021/05/15/elon-musks-city-state-on-mars-an-international-problem/
Author: Ashley Gjovik
Spacex News – Elon Musk’s “City-State” on Mars: An International Problem
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