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Philosophy
Where Man Goes, So Goes the Rule of Law
The philosophy and the psychology of the law of outer space: Where are we?
Posted July 14, 2014
Luskin’s Learning Psychology Series - No. 27
"Hello!" Is there any law out there?"
In June 2014, I had the opportunity to interview Michael Singer, Esq., as he prepared for our discussion with the Ventura County Astronomical Society on the Moorpark College Campus in California. Singer is practicing law, and investigating and developing applications and patents in anticipation of a future boom in space. He explained many of the factors motivating him to take the initiative in Space Law. The following is a summary of what Singer told me:
Where Man goes, so goes the Rule of Law. Without laws there is chaos. The laws of nature surround man and create order. Man needs order and therefore creates his own laws. He discovered early on that if the laws protecting his freedom were not in writing, the ruling class applied the law and their power as they saw fit. Man’s laws span Man’s written history from Hammurabi’s code to the 10 Commandments, to the Magna Carta to the US Constitution. Now the UN Outer Space Treaty is guiding us into space.
The Philosophy of Law prescribes that where man goes, so goes the rule of law; written and physical. Psychology and Law Converge. Laws encourage Man’s behavior by allowing Man to feel free from harm and false imprisonment. The right to own real and personal property and protect it from theft or trespass will be fundamental as planets are settled. At the same time, if man deviates from order and commits a crime, the law will punish the transgressor. Man learned to grow food on his land, trade with his neighbors and save for the future. He also achieved the ability to seek his dreams and to explore what is on the other side of the mountain or the sea. All of this comes together in space, a new frontier, extending beyond domestic law, maritime law, and expanding international law into the galaxies.
Space is the new frontier. The exploration of space is man’s destiny. Man’s yearning for the stars has been painted on the walls of caves, exposed in his poetry and demonstrated in the design of the Great Pyramid and manifested in the Space Shuttle, Buck Rogers Flash Gordon, Star Trek and Star Wars are markers of evolution that will take us from fantasy to reality.
The Outer Space Treaty Sets the Stage for Laws in Outer Space. The United States ratified the United Nation’s Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. The main agreed points are that:
• The exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
• Outer space shall be free for exploration and use by all States;
• Outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
• States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
• The Moon and other celestial bodies shall be used exclusively for peaceful purposes; astronauts shall be regarded as the envoys of mankind;
• States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
• States shall be liable for damage caused by their space objects; and
• States shall avoid harmful contamination of space and celestial bodies.
Space Rescue Treaty. The United Nations prepared an Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.
Space Liability Treaty. UN Convention on International Liability for Damage Caused by Space Objects is a beginning with disputes in developing the pattern. There is a precedent for damages being paid out under the Liability Convention of 1972. Canada sought six million dollars in compensation after the Soviet Union’s nuclear-powered Cosmos 954 satellite crashed in 1978, spreading radioactive material across a wide swath of north eastern Canada. The Soviet Union settled for two million.
Registration of Launch Treaty. The UN established a Convention on Registration of Objects Launched into Outer Space.
Moon Treaty. The UN prepared an Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (not ratified by the United States)
Other Laws. There are a wide array of international laws governing outer space. The United States has agreed to some of them including the Nuclear Test ban Treaty. However, the prevailing law governing the issues of tonight’s discussions is found in the UN Outer Space Treaty because this is what is most relevant to us today.
Questions to ponder posed by Michael Singer:
Why did the US not ratify the Moon Treaty? The United States and the other major space players see Outer Space as the next frontier. The colonization of planets, space stations and moons is seen as Man’s Destiny. John Kennedy set America on the path to lead the world. Ronald Reagan realized that there would only be peace on earth and in the future frontier of space with a strong military presence. Man is motivated when he knows he can own his own land, and he can mine, invent and trade with protection from chaos. Leaving the Moon for mankind, without any incentives, protection or guarantees of the principles of freedom stymies and prevents exploration and colonization. Therefore, so far the Moon Treaty has not been signed, so many questions remain unanswered. Some are:
Can the US create National parks on the Moon? Last year legislation was introduced into the United States Congress, designating the Apollo landing sites and U.S. equipment on the Moon as a United States National Park, under the jurisdiction of the U.S. Department of the Interior. If the designation is seen as extending U.S. sovereignty on the Moon, then this would be a violation of the Outer space Treaty. If the designation is seen as creating an historic site under the supervision of the United States then the creation of the Parks may not violate the Treaty.
Is the US liable for damages in the event a US satellite causes damage to another satellite, other property or person? The U.S. satellite dubbed Sky Lab fell from the sky into the ocean creating no damage to property or person? The international community fined the U.S. for negligently allowing this to happen. The U.S. refused to pay. The Space Liability Treaty provides that the entity responsible for the launch of the satellite and the country from which the satellite is launched are liable for any damage resulting from the launch or the satellite if the launching entity or the host nation was negligent. Like any tort action, it must be shown that the offending party was negligent and that damages were incurred.
Can you purchase or lease land on the Moon? Apparently, there is nothing in the law to stop you. However, who issues a deed remains unclear and will be a feeding ground for litigation? Conrad Hilton vowed that he, or his family after him, would create a tourist hotel on the moon. The first hotel was designed in the 60s, but of course never implemented? There are still too many questions. Examples are: Does the hotel purchase the land? If yes, from whom and in what way? To address this problem, Newt Gingrich in 2012 proposed that the United States exert jurisdiction over some areas in space by enacting legislation similar to the Northwest Ordinance of 1787 setting forth a set of laws governing a specific area that individuals might want to explore, colonize, mine and enjoy.
Can the US Military establish a military base on the Moon? The UN Treaty prohibits the establishment of offensive military bases in space. However, the treaty does allow for scientific exploration and supervision of private parties endeavors launched from the US. This would include defensive measures. No nuclear weapons or other weapons of mass destruction are allowed in Space. Where do we go from here?
Can you make money in Space? Elon Musk and Space X think you can and so does Richard Branson with Spaceport America. Steps forward include the establishment of individual property rights, mining rights, and tourism laws. The United States did not ratify the Moon Treaty because it prevents those activities from naturally occurring. Space law is definitely a new and budding potentially lucrative frontier. Astronomy will increasingly enable us to expand our reach, knowledge and entrepeneurs will build pathways to the planets and the stars.. There is a growing realization that Space offers new spaceways that will take us “From Buck Rogers to Big Bucks’!”
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Authors:
Michael Singer,Esq. is an attorney practicing in Southern California. He specializes in business law and space law.
Dr. Bernard Luskin is Chancellor Emeritus, Ventura County Community College District and past President of the Society for Media Psychology and Technology, Division 46 of the American Psychological Association.
Special Appreciation: to Toni Luskin, PhD for her assistance in editing and posting this interview.
Thanks to the Ventura County Astronomical Society for stimulating interest in Space Law:
Link: http://www.vcas.org/
The Ventura County Astrological Society Meets Monthly on the Moorpark College Campus.
Following the VCAS meetings if the weather is good; the audience is invited to the Moorpark College Observatory.
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