Tag Archives: Outer Space Treaty

Congressman proposes new legislation to better regulate commercial space

We’re here to help you! In an effort to guarantee that the United States remains compliant with the UN Outer Space Treaty when its private citizens begin flying commercial operations in space, Congressman Bridenstine (R-Oklahoma) is proposing new legislation that would better supervise and regulate the emerging commercial space industry.

Bridenstine explained that his top concern is that a U.S. company will proceed with a plan to put a spacecraft on the Moon or conduct on-orbit servicing or some other new type of activity only to have a “near-peer” country like Russia or China complain at the last minute that the United States is violating the OST. That would put the United States “in a difficult position,” he argues. Therefore he sees the need for “airtight” legislation that sets up a process by which the government authorizes and supervises these private companies. Once a company has gone through the process, the United States can unequivocally demonstrate to the international community that it has, in fact, complied with the treaty.

The Obama Administration has been open to working with these new companies, but he wonders if that will remain true over the long term future. He insisted that Congress “needs to exert its authority and power so that whatever administration comes next or is in place 50 years from now, the process exists” and is not subject to a new administration’s “whims.” He also worried that without a legislative solution, it could become a matter of “executive branch regulation by default.” That opens the possibility of some agency saying no, with no recourse for the private sector.

Read the whole report at the link. If you believe in freedom, competition, and private enterprise, it will chill your bones. At no time does anyone suggest that maybe the United States should simply get out of the Outer Space Treaty, as we are legally allowed to do according to the treaty’s own language. The treaty itself is a very bad law, as it makes it impossible for any private citizen or company in space to be protected under U.S. law, leaving everything instead in the control of United Nations bureaucrats and the polyglot of nations, many quite tyrannical, that dictate UN policy. Bridenstine’s proposals will only make this situation worse, as it will not only keep all control in the hands of the UN, but it will saddle American citizens with further regulations imposed by our own government.

Luxembourg to establish space property rights

The competition heats up: The government of Luxembourg today announced an initiative to establish a legal framework that will ensure property rights in space for private investors.

The Luxembourg Government announced a series of measures to position Luxembourg as a European hub in the exploration and use of space resources. Amongst the key steps undertaken, as part of the spaceresources.lu initiative, will be the development of a legal and regulatory framework confirming certainty about the future ownership of minerals extracted in space from Near Earth Objects (NEO’s) such as asteroids.

Luxembourg is the first European country to announce its intention to set out a formal legal framework which ensures that private operators working in space can be confident about their rights to the resources they extract, i.e. rare minerals from asteroids. Such a legal framework will be worked out in full consideration of international law. Luxembourg is eager to engage with other countries on this matter within a multilateral framework.

The announcement is a bit vague about what exactly Luxembourg really plans to do. For example, it is unclear if this framework will only apply to Luxembourg citizens, or will be used to bring the private efforts from other countries to Luxembourg (the more likely scenario). It also does not tell us how the initiative will deal with the UN Outer Space Treaty, which essentially outlaws countries from establishing their own legal framework in space. Individuals can supposedly own private property in space under that treaty, but no country can claim territory or impose its own legal framework on any territory, thus making any private property claims unclear and weak.

Mainstream media outlet notices possible news!

Last week President Obama signed the revisions to the Commercial Act that is being touted as allowing Americans property rights in space.

I have been following the news coverage of this event, and even though there have been many articles incorrectly pushing the above spin, only today was there a news story that finally noticed that these touted property rights would violate the Outer Space treaty.

The content of the second link above, though it notices the possible violations to the Outer Space treaty, is also still a pitiful example of journalism. It is very clear from reading the article that no one involved in writing it (the article’s byline is CBC News) ever read the newly passed law. I have, and found that nowhere in it does it actually grant Americans property rights in space. What it does do is demand that the executive branch support that idea and write a number of reports and studies to demonstrate that support.

The goal I think of this new law is to begin the political process towards the U.S. eventually pulling out of the Outer Space treaty. Congress is essentially stating that it doesn’t agree with the language of that United Nations treaty, and it wants the U.S. government to begin the process of either getting it changed, or preparing to pull out. (The treaty does provide language allowing nations to pull out. You give one year’s notice, and then do so.)

It would be nice if journalists who write about this subject did the simple and easy research necessary for reporting it intelligently.

Until they do, however, I guess people will just have to come here (written with a grin).

A petition to have the U.S. withdraw from the United Nations Outer Space Treaty has been submitted to the White House.

Now’s here’s a good idea: A petition to have the U.S. withdraw from the United Nations Outer Space Treaty has been submitted to the White House.

Read it. Mark Whittington, who submitted it, is absolutely right. We get out, we can claim territory on the Moon and thus apply U.S. law to that territory. People and companies could thus own land and have an opportunity to make a profit from their property.