Many folks would like to see us back on the Moon and developing its resources.

Monday, May 04, 2009

Who owns the Moon? At the moment - NO ONE -

I received an e-mail from Steve Durst, which was probably prompted by my two comments below that may have implied you could own a piece of the Moon.
That isn't what the current treaties say. If you want to lay claim to the Moon or an asteroid you might want check what you can do with them.
Your venture capitalist had better check what is being said about Space Law as well.
- LRK -

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I hope someone will go to the Moon, dig into some regolith, and open up a Real Estate Office.
[Or go up and see if they can claim the lunar plot they already bought.]
[ http://www.lunarlandowner.com/lunar_city_project.htm ]
- LRK -
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and
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If any of you have already purchased your lunar lot with a view, demand access rights.
When does the next shuttle flight leave for the Moon?
- LRK -
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Steve supplied this link to the April Astronautical News.
http://www.iafastro.com/newsletter/200904newsletter.pdf

On page 2 of the news letter is this paragraph and link.
- LRK -
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http://www.iislweb.org/html/20090322_news.html
IISL issues statement about lunar real estate The Board of International Institute of Space Law said that it is important to preserve outer space, including the Moon and other celestial bodies, for the exploration and use of all humanity, not only for those States and private enterprises that are capable of doing so at any particular time.
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Here is the statement and some more links in it.
- LRK -

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Statement of the Board of Directors of the International Institute of Space Law (IISL)
22 March 2009
In 2004, the Board of Directors of the IISL, an international non-governmental organisation, issued a statement relating to the issue of 'property rights' in outer space. The statement can be found on the website of the IISL, at http://www.iislweb.org/publications.html.

In view of recent misleading views and discussions on this subject in the press, the Board considers that it is appropriate to further clarify a number of salient points as follows:
International Law establishes a number of unambiguous principles, according to which the exploration and use of outer space, including the Moon and other celestial bodies, is permitted for the benefit of mankind, but any purported attempt to claim ownership of any part of outer space, including the Moon and other celestial bodies, or authorisation of such claims by national legislation, is forbidden as following from the explicit prohibition of appropriation, and consequently is prohibited and unlawful. Since there is no territorial jurisdiction in outer space or on celestial bodies, there can be no private ownership of parts thereof, as this would presuppose the existence of a territorial sovereign competent to confer such titles of ownership.

The current international legal regime is binding both on States and, through the precise wording of Article VI of the Outer Space Treaty of 1967, which has been ratified by 100 countries, including all the space-faring countries, also on non-governmental entities, i.e. individuals, legal persons and private companies. The clear goal of such a regime is to preserve outer space, including the Moon and other celestial bodies, for the exploration and use of all mankind, not only for those States and private enterprises that are capable of doing so at any particular time.

At present, international space legislation does not include detailed provisions with regard to the exploitation of natural resources of outer space, the Moon and other celestial bodies, although it does set down a general framework for the conduct of all space activities, including those of private persons and companies, with respect to such natural resources.

The IISL is of the opinion that a specific legal regime for the exploitation of such resources should be elaborated through the United Nations, on the basis of present international space law, for the purposes of clarity and legal certainty in the near future. The IISL will continue to play an active role in any such discussions as they develop.

PDF version
http://www.iislweb.org/docs/Statement%20BoD.pdf

The Board of Directors of the IISL comprises specialists in space law from all continents and various backgrounds, including past and present chairmen of the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS) and its Legal Subcommittee. This Statement is based on a proposal from the members of the IISL Directorate of Studies. The views expressed in this Statement represent a consensus among the Members of the IISL Board of Directors acting in their personal capacity, and do not necessarily reflect the views of any entities with which they may be affiliated.
Copyright 2009 © IISL. All rights reserved.
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What is IISL?
- LRK -
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http://www.iislweb.org/
Defining the principles governing outer space activities

Space law is an area of the law that encompasses national and international law governing activities in outer space.
The International Institute of Space Law (IISL) was founded in 1960. The purposes and objectives of the Institute include the cooperation with appropriate international organisations and national institutions in the field of space law and the carrying out of tasks for fostering the development of space law.
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Thanks for looking up with me.

Larry Kellogg

Web Site: http://lkellogg.vttoth.com/LarryRussellKellogg/
BlogSpot: http://kelloggserialreports.blogspot.com/
RSS link: http://kelloggserialreports.blogspot.com/atom.xml
Newsletter: https://news.altair.com/mailman/listinfo/lunar-update
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http://www.oosa.unvienna.org/oosa/COPUOS/copuos.html
United Nations Committee on the Peaceful Uses of Outer Space

The Committee on the Peaceful Uses of Outer Space was set up by the General Assembly in 1959 ( resolution 1472 (XIV) ) to review the scope of international cooperation in peaceful uses of outer space, to devise programmes in this field to be undertaken under United Nations auspices, to encourage continued research and the dissemination of information on outer space matters, and to study legal problems arising from the exploration of outer space.

Number of Member States in the Committee: 69

The Committee has two standing Subcommittees of the whole:

* the Scientific and Technical Subcommittee
; and
* the Legal Subcommittee
.

The Committee and its two Subcommittees meet annually to consider questions put before them by the General Assembly, reports submitted to them and issues raised by the Member States. The Committee and the Subcommittees, working on the basis of consensus, make recommendations to the General Assembly. Detailed information on the work of the Committee and the Subcommittees are contained in their annual reports.

The fiftieth session of the Committee on the Peaceful Uses of Outer Space was held from 6-15 June 2007 at the United Nation Office at Vienna, Vienna International Center, Vienna, Austria.

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http://en.wikipedia.org/wiki/Outer_Space_Treaty

The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on January 27, 1967, and entered into force on October 10, 1967. As of January 2008, 99 countries are states-parties to the treaty, while another 26 have signed the treaty but have not yet completed ratification.
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The Outer Space Treaty represents the basic legal framework of international space law. Among its principles, it bars States Parties to the Treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications (Art.IV). However, the Treaty does not prohibit the placement of conventional weapons in orbit.

The treaty explicitly forbids any government from claiming a celestial resource such as the Moon or a planet, since they are province of mankind. Art. II of the Treaty states, in fact, that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means". The pendant for giving up sovereignty in outer space is the jurisdiction and control that the State that launches a space object retains. According to Manfred Lachs jurisdiction and control is giving the means to the State to conduct a mission of space exploration.

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--- Copy of the Outer Space Treaty at NASA History - LRK -
http://history.nasa.gov/1967treaty.html
The Outer Space Treaty of 1967
Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies.
Opened for signature at Moscow, London, and Washington on 27 January, 1967
THE STATES PARTIES. TO THIS TREATY,
INSPIRED by the great prospects opening up before mankind as a result of man's entry into outer space,
RECOGNIZING the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,
BELIEVING that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,
DESIRING to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes,
BELIEVING that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples,
RECALLING resolution 1962 (XVIII), entitled "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space", which was adopted unanimously by the United Nations General Assembly on 13 December 1963,
RECALLING resolution 1884 (XVIII), calling upon States to refrain from placing in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963,
TAKING account of United Nations General Assembly resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution isapplicable to outer space,
CONVINCED that a Treaty on Principles Governing the Activitiesof States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the Purposes and Principles ofthe Charter of the United Nations,
HAVE AGREED ON THE FOLLOWING:
Article I
The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.
Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.
There shall be freedom of scientific investigation in outer space, including the moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.
Article II
Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.
Article III
States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co- operation and understanding.
Article IV
States Parties to the Treaty undertake not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, instal such weapons on celestial bodies, or station such weapons in outer space in any other manner.
The moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the moon and other celestial bodies shall also not be prohibited.
Article V
In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other States Parties.

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--- Another link to the treaty. - LRK -
http://www1.umn.edu/humanrts/peace/docs/treatyouterspace.html
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 610 U.N.T.S. 205, entered into force, Oct. 10, 1967.

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--- Then there are other interpretations and I am sure there will be more when we really set up the pup tent. - LRK -
--- Could I sell you the Brooklyn Bridge? - LRK -

http://www.lunarlandowner.com/space_law_faq.htm

In the last year, the Lunar Embassy as well as many other bodies has been receiving much attention with regard to the sale of extraterrestrial property.

The discussions in several articles are productive to furthering the discussion of the subject to say the least. This in itself has stimulated very positive and productive discussions all over the planet. The Lunar Embassy has however noticed that many discussions are sometimes tainted with simple untruths that are unfortunately stated by people who have not researched the subject in depth. As a result, some untruths sometimes get mixed up with what is actually fact today.

As market leaders in the area of extraterrestrial property sales, the Lunar Embassy feels it is therefore necessary to dispel a few myths. It is our goal to provide all the information possible in order to help our customers to make a correct and informed choice.
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http://www.lunarlandowner.com/1967_moon_treaty.htm

The Outer Space Treaty of 1967 had many loopholes which allowed Dennis Hope to file his claim to the Moon more than 23 years ago.
Please note: To best understand all the details, facts and explanations of the The Outer Space Treaty of 1967, please view our What is the Law? section first.
Treaty On Principles Governing The Activities Of States In The Exploration And Use Of Outer Space, Including The Moon And Other Celestial Bodies
Opened for signature at Moscow, London, and Washington on 27 January 1967
THE STATES PARTIES TO THIS TREATY
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http://www.lunarland.com/
DON'T MISS OUT THE LUNAR LAND RUSH!
Yes, the Lunar Land rush is finally here! You too can become a Lunar Land owner today by acquiring land on the Moon. Since 1980 THE LUNAR EMBASSY has been selling land on the Moon. They are THE ONLY COMPANY and the FIRST in the world to possess the LEGAL BASIS and COPYRIGHT for the sale of Lunar Land and other extraterrestrial property within the confines of our solar system. Don't miss out on the Lunar Land rush and buy your piece of history today!
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WHAT THE MIND CAN CONCEIVE, AND BELIEVE, IT WILL ACHIEVE - LRK

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