Japan passes law protecting property rights in space

Japan’s legislature on June 15th approved a new law designed to protect the ownership of the resources private entities extract for profit in space.

Japan’s legislation is similar to provisions in the Commercial Space Launch Competitiveness Act, passed by the U.S. Congress and signed into law by President Obama in 2015. That law grants U.S. companies rights to resources that they extract, but not property rights to celestial bodies, which would run afoul of the Outer Space Treaty. Luxembourg and the United Arab Emirates have since passed similar legislation.

All four countries are signatories of the Artemis Accords, which endorses the ability to extract and use space resources. “The Signatories affirm that the extraction of space resources does not inherently constitute national appropriation under Article II of the Outer Space Treaty, and that contracts and other legal instruments relating to space resources should be consistent with that Treaty,” the accords state.

Both Russia and China oppose such legislation, as well as the Artemis Accords, which have now been signed by eleven countries.

What this growing alignment of opposing sides means for future space operations by private companies is unclear, though it suggests these two countries will not honor those private property rights, which in turn suggests this legal disagreement is eventually going to lead to physical conflict in space.

Space law vs the Outer Space Treaty

My new op-ed at The Federalist is now online. Other than changing the title from my proposed version above to something a bit more unwieldy, “What You Need To Know About The Space Law Congress Is Considering,” they have posted it exactly as I wrote it.

The essay provides a very detailed analysis of the commercial space law that the House is presently considering. While they are proposing many good reforms, my conclusion unfortunately sums things up:

W.E.B. Du Bois, in studying the African slave trade, once asked, “How far in a State can a recognized moral wrong safely be compromised?” and answered his own question by saying that it is dangerous for “any nation, through carelessness and moral cowardice, [to allow] any social evil to grow. . . . From this we may conclude that it behooves nations as well as men to do things at the very moment when they ought to be done.”

The Outer Space Treaty poses limits on property rights. It also does not provide any mechanism for peacefully establishing sovereignty for any nation on any territory in space. Yet national sovereignty and territorial control is a given in all human societies. If we do nothing to establish a peaceful method for creating sovereignty and national territories in space, nations are going to find their own way to do it, often by force and violence. It behooves us to have the courage to face this issue now, and “do things at the very moment when they ought to be done.”

Read it all.

FAA wants your opinion about commercial space rules

The government marches on! The FAA wants your opinion about its future commercial space regulations.

Or to put it another way, how to stifle a newborn in the womb. In 2004 I said the new law allowing this kind of regulation was going to hurt the new space industries. We are about to see, with the FAA’s regulatory effort here, exactly how that will play out.

And I don’t think it will be good.