March 29, 2018
Marsian colony laws – what are they going to be? The passengers of “Mayflower” ship that reached the New World shores in 1630, were the first relocated people, who then founded a permanent colony in North America. In almost 400 years, Elon Musk is presenting a new “Mayflower” project, whose passengers are intended to found a colony on the Red Planet this time.
What kind of laws are in place for Mars already?
Upon the moment when the hands of the people of the Earth reached the outer space, a necessity arose in legal regulation of human activity in the outer space. The basics of international outer space law was founded by signing in January 1967 of “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” (1967), called “Outer space Treaty” for short. The main cornerstone of this document is the provision of Article 2 of the Treaty: “Outer space, including the Moon and other celestial bodies, may neither be appropriated by way of declaring their sovereignty, nor by way of use or occupation, nor by any other means.”
And this means that no state may fence out any piece of Mars, as well as of the Moon, and declare that this is the territory of their state. No new Canada or Alaska will be settled on Mars. No private land properties will appear on the Red Planet either. Despite the fact that the Agreement does not directly confirm the prohibition of private property, the impossibility of declaration of sovereignty over any Mars territory, as part of a celestial body, would not allow occurrence of private property on its surface. Sovereignty over a territory or rights over land areas that are located on it, if we can call the land areas on the Mars, are inexorably associated with each other. Without a state, which guarantees adherence to such rights on a certain territory with its enforceable force and that establishes bases and order of creation of such rights, it is impossible for occurrence of private property rights.
Neither any state, nor any private companies may declare their ownership rights to Mars as well as to international seawaters.
Of course, this does not mean that the Mars relocated people will have no rights and anybody will be able to move from the occupied territory. But, this will probably be only some priority right for use of the land area, which the person was the first to occupy. On the above reason, the colonists and companies, who will colonise Mars, should not be preoccupied with the idea of numerous “owners” of Mars land areas. The private ownership title certificates issued by the multiple offices for sale of outer space real estate, have no legal force at all. As opposed to the state, “the Mars real estate dealers” cannot guarantee acknowledgement of title to the buyers of Mars real estate. Even if it is the self-declared “the Moon Republic,” incorporated by the resourceful American Dennis Hope.
Another important outer space law document, which is significant in determination of the order of legal regulation in outer space, is the Convention about registration of objects, launched into outer space. The Convention, adopted by Resolution 3235 (XXIX) of the UN General Assembly on 12 of November 1974, addresses the issues of identification of space objects, launched by men to the outer orbit. And the registration itself allows determining the jurisdiction of the equipment and spaceships, sent to the space. While launching a satellite or a spaceship into the outer space, any state is obliged to record it in its register of outer space objects. The United Nations Organisation shall be notified about any space object, recorded in the register.
It is not incidental that we call those objects ships that channel the large lengths of the seas as well as those that conquer the outer space lengths. In evaluation of the outer space laws, the people did not rediscover the continents. In its sense, the outer space is the international waters, open for access and research by all states. Space equipment, from manned ships to automatic robot explorers, are the ships in these waters. Similar to the sea register, which contains information about marine ships, the information about space equipment is recorded in the space registers. They may not be located in the territory of the country of registration, but its authority and sovereignty is also applied to these ships, like it is applied to the diplomatic representations abroad, military marine and air ships.
ISS as a prototype of an international colony in outer space
The international space station is the first object outside our planet, created by the efforts of many states. An international village on the Moon, joint bases on Mars or common scientific and industrial facilities in the orbit, all of these, will probably have a legal status, similar to that of ISS. The module stations, launched into the space by various states, are owned by these states. Quite recently, a private module of Bigalow Aerospace owned BEAM was placed at the ISS. In addition, it is divided into legal zones with various jurisdictions.
The Agreement about the ISS, signed by the partner states on 29 of January 1998, envisages that each partner preserves the jurisdiction and control of the orbital elements of the station that are supplied by them and which they register. Partners also preserve the jurisdiction, including of criminal law over their citizens, irrespective of the fact in the territory of whose module they are located.
Private colonies in outer space
Owing to the maps in school history books, we remember that some time ago, the globe was painted with European colonial empires, while, in most cases, the very private companies undertook seizure of overseas colonies. The British East Indian company, for instance, colonised India and Oriental countries. Half state owned the Russian-American Company seized Alaska. There is nothing surprising, private companies such as SpaceX, Planetary Resources or Deep Space Industries, are commencing colonisation and development of outer space.
Establishment of permanent settlements outside the Earth is a new chapter in the history of mankind. It is the first time we face the fact that in addition to the space ship crews and space tourists, a third category of people will appear, who will be leaving for the outer space – colonists-back settlers, who will be flying out for a long time, if not for good.
Despite the fact that the territory of Mars will not be owned by any state, the Mars colonies will not be outside a legal jurisdiction. We should not expect the private companies do whatever they want on the Red Planet. Likewise any marine ship, which obeys the laws of the country, under the flag of which it sails, any space ship will adhere to the laws of the country, in whose register this space object is registered. Even anchoring on the “shore,” of the Mars surface, which is not owned by any state, they will have to obey these laws. The states, under whose flags the companies will be launching the ships, colonists and space ship personnel to the outer space, will be monitoring the private companies in their adherence to the outer space laws as well as the internal legislation.
In accordance with Article 9 of the Law of Russian Federation “About outer space activities,” outer space activities shall be licensed in Russia. This means, the types of activities, like development of space equipment and manned ships, launching such into the outer space and controlling such in flight, are possible only upon obtaining a license. Private companies must obtain a similar permit for running outer space activities in other countries, be it in the USA or, for instance, Luxembourg, which is willing to become a European hub in mining of outer space resources.
Of course, the Russian legislation has no provisions about establishment of settlements outside the Earth, and no licensing is envisaged for this type of activities. Outer space jurisdiction professional Von fon der Dank from Nebraska-Lincoln University notes that the legislation of the USA does not contain any special permitting provisions on colonisation of the outer space either.
The constitution of a colony and inherent rights of a colonist
Some time ago, BBC Future reported an interesting meeting, held at a district in South London. The event that gathered three dozens of people in a dimly lit room in outskirts of the British capital was the International Conference of Off-world Location Freedoms. This was the second conference to be held. Director of the British Astrobiology Centre and professor of The University of Edinburg Charles Cockell united these outer space colonisation enthusiasts. Among the attendants were lawyers and anthropologists, philosophers and outer space researcher – scientists, who were united for the sake of creation of a concept of management of something that does not yet exist in real life.
Charles Cockell is concerned about the future of the humanity away from the Earth. He thinks that freedom has played very significant role in the history of humankind. Therefore, he and his like-minded fellows started pondering about the issue: “How can the freedoms be ensured for humans in stringent conditions in the outer space?” The conference delegates unanimously agreed with the opinion that the Constitution of the United State of America, which has been tested in time must be etalon for the main law of the outer earth colony. However, life in outer space is radically different from what we are used to on the Earth. Life in confined space away from human civilisation, when one is isolated from the solar radiation and space vacuum with a thin partition of the outer space settlement, imposes serious corrections in the laws of human settlement.
The key issue in legal regulation of life in colonies on Mars Is not in the nature of laws, but in the people who will be adopting them. Whether Mars inhabitants will live according to the laws on the Earth or use their own.
The basis of the Constitution of any colony outside the Earth must be the right for air for breathing. Having an enormous atmospheric ocean over our heads, which does not obey anybody on the planet, we do not seriously think of the right for oxygen. In colonies – air will be some limited resource, and the people, who will have control over oxygen, will get an opportunity to control the entire population of the colony. The right to leave the settlement must also be inexorable. Of course, the meeting did not manage to determine how and at whose account this should be done. The attendants borrowed some ideas from ancient Hellas. According to the plan of the enthusiasts, part of the government members of the colony will be elected, but some other part will have to be distributed as per the results of a lottery. All colonists will be involved in political processes of the outer space colony. Apathy and indifference may lead to the death of the settlement. Due to both external and internal reasons. Cockell also admits occurrence of dictatorship at such colonies. He has plans to develop instructions to demolish the government in case of establishment of a dictatorship at the colonies.
Local aboriginal Mars population will have no rights!
Carl Sagan, a well-known American astronomer and astrophysicist, prominent populariser of science, who is known with his messages to the extra-terrestrial intelligence, engraved on plates of “Pioneers” and “Voyagers”, thought that if there is life on Mars, then it belongs to those, who live on Mars, even if they are only little microbes. But it is unlikely that we will refuse from colonisation of Mars, if this will be the only obstacle. Because we did not refrain from colonisation of America and Australia only because, that aboriginal people lived there.
Strictly speaking, we are a civilisation, the mass culture of which has a significant place for extra-terrestrial visitors. The conspiracy theories are so much as they are, to say nothing about the alien visitors in movies and multiple evidences of UFO occurrences. While there is not a single line in legal documentation about the extra-terrestrial creatures. The outer space law completely ignores the possibility of existence of extra-terrestrial life and once, possibly, we will meet them on our planet or, say, on Mars. Any contact, though many people are expecting it, will have no legal regulation. Conditionally, if you are lucky and encounter an alien on your way and exchange gifts with him/her, this will not be considered an exchange (bargain agreement) from the point of view of legislation. Any subject of extra-terrestrial origin, obtained as a gift from a visitor and exchanged for something else from him/her, can be confiscated from you by government services and you will not be able to protect your ownership rights for the subject. Hypothetical inhabitants of the planets are not subjects of law, and deals with them are simply impossible.
Will the population of colonies establish their own state on Mars and develop their own laws?
It wasn’t without reason we had started our article with reference to the four-hundred-years-ago events. In many aspects, our imaginations and understanding of future are formulated in the past. At the early era of cosmic fantastic, we did not have any experience of seizure of the outer space. But we had the experience of great geographic discoveries. Any European, anchoring at any actually unknown shore, used to find more or less acceptable conditions for existence and local population. Should they refuse from some of the comforts of the civilisation of the time, it was quite possible to live and create new colonies on newly discovered lands without giving any special thought on maintaining the communications with the parent-state.
But colonisation of Mars will be a totally different process. Population of first colonies on Mars will not be able to live without permanent communications with the parent-planet. Even if they manage to organise production of food products, construction materials, generation of power on the Red Planet, electronic equipment, sophisticated instrumentation, medications and many other things, without which life is impossible in the outer space, will have to be imported from the Earth. Reproduction of the Earth production on Mars to completely satisfy the demands of the settlements on the Red planet, will be impossible for a long time. The 3D printers, which people have greatest expectations about, do not yet have the capabilities to print all the required things.
Of course, what is not produced on Mars could be purchased on the Earth. But to be able to buy something on the Earth, it is necessary to sell something. And the only product, the population of the Earth are interested in, is, alas, only the right for broadcasting of the Mars life reality-show similar to the case of Mars One. But it is unlikely that the proceeds from sales of the broadcasting rights will be sufficient to purchase everything that is required.
Obviously, the Mars colonists will not be economically independent for a long time. And economy is the guarantee of independence of any state, be it on the Earth, Mars or, for instance, near Earth orbit. Therefore, establishment of their own state, election of their government and adoption of their own laws will not be possible for a long period. Thus, the laws of Mars will be written on the Earth. And it is obvious that it is not soon enough that the initial phrase of “We, the people of Mars…”, will become preamble of the Constitution of the United State of the Red Planet.
Translated into English by Mukhiddin Ganiev
https://naked-science.ru/article/nakedscience/zakony-marsianskih-koloniy