African lawfare to take control of space

Modern academia: Marching with Lenin!
Modern African academia, proudly marching with Lenin!

It appears that a growing cadre of African lawyers are working within international organizations such as the UN and the International Astronautical Union (IAU) to use the Outer Space Treaty as a wedge to take control of space, wresting it from the hands of private commerical companies.

I make this assessment based upon a long article about this new lawfare published today in Wired, describing the training and political goals of a number of young African layers in the field of international space law.

[S]ome players in the global south are gearing up for the orbital future not just by scrambling to launch satellites, but by building up skills in outer space law—the evolving area of international jurisprudence that introduced the “province of all mankind” concept in the first place.

Though the Outer Space Treaty is still the cornerstone of space law, other international agreements have built up around it over the years—and more still are desperately needed to regulate today’s realities in space. “This is an area of rulemaking where they’re just setting up the rules for the future, so you need to have a perspective now,” explains Timiebi Aganaba, a British-Canadian-Nigerian professor at Arizona State University who has been instrumental in driving African interest in space law. “If the system gets built without you—if you come in later—people will start quoting laws to you.”

In 2011, Aganaba helped organize the first teams of African law students to enter something called the Manfred Lachs Space Law Moot Court Competition. The global tournament, named after an architect of the Outer Space Treaty, uses fictional court cases to train young lawyers how to think through the plausible conflicts that could soon arise beyond the atmosphere—and it is far and away the most important professional conduit into the field of space law. Students who make it to the final round of the competition argue their cases before actual judges from the International Court of Justice—the world’s highest forum for legal disputes between countries. And since 2011, teams from Africa have become a force in the competition. In 2018, South Africa’s University of Pretoria won the international championship.

If Aganaba’s name rings a bell to my readers, it is no surprise. » Read more

The Netherlands says it will sign Artemis Accords

According to a press release from the government of the Netherlands yesterday, it plans to sign the Artemis Accords, becoming the thirtieth nation to join the American alliance to explore and settle the solar system.

The full list of signatories to the Artemis Accords is now as follows: Argentina, Australia, Bahrain, Brazil, Canada, Columbia, Czech Republic, Ecuador, France, Germany, India, Israel, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, Spain, the United Kingdom, the United Arab Emirates, the Ukraine, and the United States.

Increasingly the entire western world is signing on, leaving China, Russia, and their few communist allies isolated on the other side.

Though this sounds good, we must remember that the west no longer stands as firmly for freedom and individual rights as it did during the Cold War. Instead, we increasingly see two alliances that are both more interested in promoting the power of the people who run each, rather than furthering the rights and dreams of their citizens. As I concluded in Conscious Choice:

It is therefore likely that the first few centuries of colonization throughout the solar system will not proceed peacefully or justly, as wished for by the good intentions of the Outer Space Treaty. Instead, the initial exploration will be a brutal legal nightmare for all involved.

Governments will scramble to grab as much as they can. And for private enterprise to succeed in space, the treaty’s restrictions on property rights will force those operations, very expensive, time consuming and extremely risky, to focus on maximizing profits so as to at least minimize the legal risks. Meanwhile, ordinary citizens will have few legal rights, because the rights citizens enjoy on Earth will not exist legally for them.

We are certainly going to explore and settle the solar system in the coming centuries. It is also likely that the citizens living there will have a terrible battle to obtain the same rights we on Earth have since the Enlightenment taken for granted.

Biden administration announces India will sign Artemis Accords

Modi meeting Biden upon arrival at White House June 21, 2023
Modi meeting Biden upon arrival at White House
on June 21, 2023

As part of the visit of Indian prime minister Narendra Modi to the U.S., the Biden administration today announced that India has agreed to sign Artemis Accords, becoming the 27th nation to join the American space alliance.

It appears India made this decision after the Biden administration agreed to foster a whole range of cooperative technology exchanges.

Cooperation in advanced computing, artificial intelligence, and quantum information science is also being fostered through the establishment of a joint Indo-US quantum coordination mechanism and the signing of an implementation arrangement on artificial intelligence, advanced wireless, and quantum technologies.

Both countries are working together on 5G and 6G technologies, including Open Radio Access Network (RAN) systems, with plans for field trials, rollouts, and scale deployments in both markets. “Here we’ll be announcing partnerships on open ran, field trials and rollouts, including scale deployments in both countries with operators and vendors of both markets. This will involve backing from the US International Development Finance, for cooperation and to promote the deployments in India,” the official said.

The US will support the removal of telecommunications equipment made by untrusted vendors through the US rip and replace program and welcomes Indian participation in this initiative.

The full list of signatories to the Artemis Accords is now as follows: Australia, Bahrain, Brazil, Canada, Columbia, Czech Republic, Ecuador, France, India, Israel, Italy, Japan, Luxembourg, Mexico, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, Spain, the United Kingdom, the United Arab Emirates, the Ukraine, and the United States.

One would hope that this decision would help separate India from China and Russia, but this is unclear.

There are other questions. » Read more

Czech Republic to sign Artemis Accords

In a press release today describing the planned signing ceremony, NASA today revealed that the Czech Republic is going to sign the Artemis Accords on May 3, 2023, becoming the 24th nation to join this American-led alliance in space.

The full list of signatories so far: Australia, Bahrain, Brazil, Canada, Columbia, Czech Republic, France, Israel, Italy, Japan, Luxembourg, Mexico, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, the United Kingdom, the United Arab Emirates, the Ukraine, and the United States.

The accords, bi-lateral agreements between each nation and the U.S., were designed during the Trump administration to emphasize the rights of private investors in space and thus do an end-around of the Outer Space Treaty. Under the Biden administration it is no longer clear if that remains the goal. The existence of a signed alliance led by the U.S. and the capitalistic west however gives the U.S. the political force to protect those rights, assuming the American government is interested in the future in doing so.

It has also created a kind of bi-polar competition with the alliance of nations signing on to China’s projects in space. That alliance so far only includes China, Russia, and Venezuela, but we should expect several nations once part of the former Soviet Union, such as Kazakhstan, as well as other former communist block nations, such as North Korea, to sign up at some point. I would also expect Iran to join also.

Saudi Arabia withdraws from Moon Treaty

On January 5, 2023, Saudi Arabia submitted its official withdrawal [pdf] from Moon Treaty, to be effective one year later.

The 1979 Moon Treaty is not the 1967 Outer Space Treaty, which almost all space-faring nations have signed. The Moon Treaty has been signed by almost no one because its language literally forbids private ownership.

In a sense, the Artemis Accords, which Saudi Arabia recently signed, is in direct conflict with the Moon Treaty, and no nation can really honor both. The Artemis Accords were designed by the Trump administration to get around the less stringent restrictions on private enterprise imposed by the Outer Space Treaty. That it has encouraged the Saudis to leave the Moon Treaty, however, suggests that the Artemis Accords might eventually cause a major abandonment of the Outer Space Treaty as well. To withdraw from such treaties up until now has been considered taboo. Saudi Arabia might have broken that spell.

If so, this action by the Saudis could be the best news for the future exploration and settlement of the solar system that has occurred in years, even more significant than that first vertical landing of a Falcon 9 rocket. It might finally force a major revision in the Outer Space Treaty so that each nation’s laws can be applied to its own colonies.

China: We like dumping out-of-control rockets on your head!

China has now signaled that it intends to ramp up the launch rate of its Long March 5B rocket, its most powerful rocket but also a rocket with a core stage that falls to Earth out-of-control after each launch, risking injury and damage to others.

Liu Bing, director of the general design department at the China Academy of Launch Vehicle Technology (CALT), told Chinese media that the the Long March 5B, designed for launches to low Earth orbit, would be used together with the Yuanzheng upper stage series to launch multiple satellites for constellations.

Though not clearly stated, the launcher and YZ-2 combination could be used to help deliver high numbers of satellites into orbit for the planned national “guowang” satellite internet megaconstellation.

It is very possible that with the addition of an upper stage, engineers could reconfigure the rocket so that the first stage is shut down and separated earlier so that it immediately falls into an ocean drop zone following launch. At the same time, making sure that drop zone is always over the ocean might be difficult for some polar launches.

What China really has to do is to upgrade the engines on the core stage so that they can be restarted. At present these engines can only be started once, and once shut down they are dead. If the stage reaches orbit — which it has done on all previous launches — there is then no way to control it, and since that orbit is unstable the stage crashes to Earth, who knows where, shortly thereafter. With restartable engines the stage could easily be de-orbited properly.

China has expressed utter contempt for the complaints of other nations about these out-of-control crashes, claiming the risk is infinitesimal. While quite small, it still exists.

Ted Muelhaupt of the Aerospace Corporation said in July that the odds of debris from the reentry following the launch of the Wentian module ranged from one in 230 to one in 1,000. This was more than an order of magnitude greater than internationally accepted casualty risk threshold for the uncontrolled reentry of rockets of one in 10,000, stated in a 2019 report issued by the U.S. Government Orbital Debris Mitigation Standard Practices.

Small or not, China is a signatory to the Outer Space Treaty, and every out-of-control crash has been a violation of that treaty. This behavior clearly makes China a rogue nation, not to be trusted.

Crash prediction for Long March 5B core stage narrows

Crash prediction
Click for original image.

List of the largest uncontrolled re-entries

This morning’s report by the Aerospace Corporation has narrowed the crash time and location for China’s out-of-control Long March 5B core stage to six orbits, about 8 hours, on November 4, 2022, with the prediction centered over a point in the middle of the Indian Ocean.

The company’s graphic to the right shows the orbital tracks. Note that this prediction puts many habitable locations under risk, including parts of the United States, Spain, Africa, and Australia.

Since the crash is now expected tomorrow, expect further updates later today.

The second graphic to the right has also been created by the Aerospace Corporation. It shows the top 20 largest man-made objects that have fallen out-of-control from orbit. Four of the top six were dropped on the world by China, all within the past two years. All but one of the others occurred prior to 1987, before the U.S. and Russia took positive action to prevent such things. The one exception, Phobos-Grunt, was an unexpected failure, its rocket putting it into an unstable orbit rather than sending it to Mars.

China, like the U.S. and Russia, has signed the Outer Space Treaty. That treaty requires each signatory to control the objects it puts in space, and makes it liable for any damage caused by such objects. The U.S. and Russia have both tried very hard to abide by that treaty. China however has thumbed its nose at it.

We must wonder what China will do if this core stage kills someone when it comes down tomorrow.

Long March 5B pieces crash near villages in Malaysia and Indonesia

Several days after the July 30th uncontrolled de-orbit of China’s Long March 5B core stage locals in both Malaysia and Indonesia are finding large sections, some of which apparently fell close to villages.

A charred ring of metal about five metres in diameter was found on Sunday in Kalimantan, Indonesia, according to a Malaysian news outlet. Jonathan McDowell, an astrophysicist at the Harvard-Smithsonian Center for Astrophysics, said the metal appeared to be the exact size of the Chinese rocket’s core stage.

…“It looks like the end cap of a rocket stage propellant tank,” he said. “There’s no doubt in my mind that it’s from the rocket … it’s in the right place at the right time and looks like it is from the right kind of rocket.”

The article at the link also describes several other incidences, including one in which two families were evacuated when a piece landed near their home. I have embedded the video of one news report below, showing several of these impacts, many of which which apparently hit the ground hard enough to create craters several feet deep.

The article contains a big error, stating “there was no international law” forbidding the uncontrolled crash of such debris, but this is false. The Outer Space Treaty requires all nations to take action to avoid such incidents, and makes them liable to any damage. China is violating this treaty with every Long March 5B launch.
» Read more

Long March 5B stage falls to Earth near Malaysia

New data now suggests that the core stage of China’s Long March 5B rocket that it launched on July 24th has crashed to Earth somewhere off the coast of the island of Borneo, Malaysia.

As of writing, there is no indication that any debris hit land, though this could change.

In violation of the Outer Space Treaty, China very clearly has done nothing to upgrade the Long March 5B since it dumped a core stage uncontrolled last year. It very clearly can do nothing to prevent this from happening in October, when the Long March 5B lifts off again to carry into orbit the last planned module for the Tiangong station.

In other words, China cannot be relied upon to honor any treaty it signs. It signs the treaty, but then willfully ignores it if it thinks that is to its best interest.

Launching a rocket using atomic explosions?

Glenn Reynolds and Leigh Outten have just co-written a short paper advocating the use of “pulsed nuclear space propulsion” to launch rockets. You can download it here.

The concept, as first described in the 1950s, is described in the paper as follows:

It is not a tremendous surprise that when you set off an atomic bomb next to something, that something will move. That it could also remain essentially intact, however, was considerably more surprising. The challenge for the Orion team was to produce a spacecraft that could function after being subjected to not one, but many, nearby nuclear detonations, and that could be steered and navigated by an onboard crew.

This turned out to be easier than it sounds. The Orion spacecraft design that resulted involved a large steel “pusher” plate, behind a rather large spacecraft with a total weight of over 4,000 tons. That sort of design is very different from the spaceships we’re used to today.

The bulk of their paper reviews the legal obstacles to launching such rockets, as both the Outer Space Treaty and the Limited Test Ban Treaty put limits on the use of nuclear weapons in space. The paper argues that these limits would not apply to rockets propelled by atomic explosions, since the explosions would not be used as weapons.

The paper also argues that the technical obstacles for building such rockets are also solvable, and might even be easy to solve. This particular quote stood out starkly to me:
» Read more

Poland becomes thirteenth nation to sign Artemis Accords

The new colonial movement: Poland yesterday announced that it has signed the U.S.-led Artemis Accords.

In brief comments at the ceremony, [Polish Space Agency (POLSA) President Grzegorz Wrochna] said he saw the Artemis Accords as a first step toward greater cooperation with the United States. He noted that while Poland is a member of the European Space Agency, Polish space companies are looking to expand their business outside Europe. “They want to reach for new markets, especially the U.S. market,” he said. “They want to participate in missions of other agencies, especially NASA. We would like to open the door for them, and I believe this is the first step.”

The full list of signatories at this moment: Australia, Brazil, Canada, Italy, Japan, Luxembourg, New Zealand, Poland, South Korea, the United Kingdom, the United Arab Emirates, Ukraine, and the United States.

While the accords — introduced by the Trump administration — are cleverly written to appear to endorse the mandates of the Outer Space Treaty, they are also written to bluntly minimize that treaty’s hostility to private property. With each new signatory, the ability to overturn that treaty’s limitations preventing legal protection to private property in space grows, as it binds a growing number of nations in an alliance to do so.

Not surprisingly, Russia and China have said they oppose the Artemis Accords. Both of these nations do not want legal protections in space to private citizens or companies. Instead, they wish that power to reside with them, or with the United Nations.

Whether the strategy behind the Artemis Accords will work however remains unclear. That strategy requires the U.S. to maintain its strong support for private property in space. Any wavering of that support will weaken the ability of this new Artemis alliance to overturn the Outer Space Treaty’s provisions that make private ownership of territory in space impossible.

United Kingdom passes comprehensive spaceflight regulations

Capitalism in space: As required by the Outer Space Treaty as well as to lay a framework for commercial and private space launches from within the United Kingsom, the UK this week passed new comprehensive spaceflight regulations that appear modeled closely after already existing regulations in the United States.

From the government’s press release:

The legislation provides the framework to regulate the UK space industry and enable launches to take place from British soil for the very first time. It will unlock a potential £4 billion of market opportunities over the next decade, creating thousands of jobs and benefiting communities right across the UK.

This also puts the UK in a unique position as the first country in Europe able to launch spacecraft and satellites from home soil. This could lead to better monitoring of climate change, as well as improved data for satellite navigation systems, improving journeys right here on the ground, too.

The full law can be read here. It is long, so I have not reviewed it entirely, but it does seem to be closely modeled after several U.S. laws, including the 2004 Space Amendments Act that presently guides FAA regulation and licensing of commercial space launches. The UK even gave its own Civil Aviation Authority (CAA) the same job the FAA has in the U.S.

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.

Long March 5B booster reentry prediction still centers on evening of May 8th off coast of Australia

Prediction of Long March 5B booster reentry
Click for full image.

Today’s most recent prediction by the Aerospace Corporation for the reentry of China’s out-of-control Long March 5B 21-ton core stage is still centered at 10:34 pm (Eastern) on May 8th, with a total uncertainty of 21 hours. As the company notes,

The prediction is currently holding steady for Saturday evening for the US, and the error bars are shrinking.

As shown on the map to the right, the centerpoint is just off the southwest coast of Australia. However, with a window 21 hours long, the booster could still come down in a large number of high population locations.

Revised Long March 5B crash window

Aerospace's revised Long March 5B crash window
Click for original image.

The map above, reduced and adjusted to post here, shows today’s revised estimate by the Aerospace Corporation for where and when the 21-ton core stage of China’s Long March 5B rocket, launched on April 29th, will hit the ground. The reentry window has now narrowed to 22 hours, and is centered on May 8th at 10:29 pm (Eastern) over the Indian Ocean, just off the southwest coast of Australia. The yellow orbital tracks are after that centerpoint, while the blue are before. The tick marks indicate five minute intervals.

Expect these updates to come more frequently and continue to narrow in the next two days as the orbit continues to decay. Right now, if the stage comes down a little later than predicted there is ample opportunity for it to hit either Australia or the United States. Should it come down earlier, it right now could hit either Africa or Spain.

Note that the chances of this stage doing any real harm is quite slim, even it if lands on a populated area. It will break up during reentry so that any pieces that hit the ground will be much smaller. If anything, the debris will resemble somewhat the wreckage that fell when the space shuttle Columbia broke up over the U.S. in 2003 during its return to Earth. The impact of that wreckage injured no one on the ground, even as it did kill seven astronauts. Expect the same with China’s core stage.

The issue here is not the danger, but China’s gross negligence and violation of its treaty obligations in launching this rocket knowing the core stage was going to do this. No more Long March 5B launches can occur without them fixing the problem so that future core stages can be brought back to Earth in a controlled and safe manner.

Long March 5B crash window narrows, aims for U.S.

Long March 5B final orbits

Zoom into Long March 5B's track over the U.S.

The reentry window of the 21-ton core stage for China’s Long March 5B rocket, launched on April 29th, has now narrowed to only 28 hours, with the centerpoint of that window on May 9th over the Pacific, only about 20 minutes before reaching Mexico and the continental U.S.

The update by the Aerospace Corporation is shown in the maps above and to the right. With the right map I have zoomed into the section over the U.S. to show the potential path of this core stage should it come down a bit later than presently predicted.

The circled point is centerpoint of the reentry window. The yellow orbital tracks are after that point, with the blue tracks previous. The tick marks indicate 15-minute intervals.

As you can see, the centerpoint is only about 20 minutes before the stage crosses Mexico and begins a half hour traverse above the continental United States from Texas to Maryland. If the stage should manage to stay up for another full orbit it will once again traverse the continental U.S., this crossing from San Diego to Cape Cod.

If the stage comes down early instead it could land anywhere from southern Europe to Australia, with the Middle East and India in between.

As I have noted already, China designed and launched this rocket knowing it was creating a giant piece of space junk that was going to fall on someone’s head. Just as that communist government has not cared that it has been dumping first stages on its own people for decades, it apparently does not care that it is dumping even bigger first stages on everyone else. The Long March 5B is the rocket they are using to launch the modules to their space station, as well as many of the future planetary missions to the Moon and Mars. And every time they launch it they will be dumping a core stage on someone, a direct violation of the Outer Space Treaty that China has signed.

The world’s governments should be outraged, and teaming up to demand that either China change this situation or delay future Long March 5B launches, or face serious financial consequences. Sadly, I do not expect this, as our present political class is either incompetent or corrupt and in the deep financial pockets of the Chinese.

China’s 21-ton Long March 5B core stage to make uncontrolled re-entry

For the second time in two launches, the 21-ton core stage of China’s Long March 5B rocket is about to make uncontrolled re-entry, with a mass large enough that some part of it is certain to hit the ground.

Where and when the new Long March 5B stage will land is impossible to predict. The decay of its orbit will increase as atmospheric drag brings it down into more denser. The speed of this process depends on the size and density of the object and variables include atmospheric variations and fluctuations, which are themselves influenced by solar activity and other factors.

The high speed of the rocket body means it orbits the Earth roughly every 90 minutes and so a change of just a few minutes in reentry time results in reentry point thousands of kilometers away.

The Long March 5B core stage’s orbital inclination of 41.5 degrees means the rocket body passes a little farther north than New York, Madrid and Beijing and as far south as southern Chile and Wellington, New Zealand, and could make its reentry at any point within this area.

The previous core stage hit the Atlantic Ocean six days after launch in May 2020. Had it come down fifteen to thirty minutes earlier it would have come down on U.S. soil, possibly even on top of the New York metropolitan area.

China’s design for this rocket means that every single launch will result in similar potential disasters. They cannot restart the core stage’s engines after cut-off, so that once it has delivered its payload it is nothing more than a very big and uncontrolled brick that has to hit the ground somewhere.

This is a direct violation of the Outer Space Treaty, which China is a signatory. The treaty makes signatories liable for any damage from an uncontrolled re-entry, and requires them to take action to prevent such events from occurring.

China it appears doesn’t care much about the treaties it signs. The first time could be rung up to a mistake. The second time is intentional and tells us that this country will not honor any of its obligations anywhere else, if it decides it can get away with it.

New calls for reworking or replacing Outer Space Treaty

Yesterday there were two different public statements calling for the international community to either amend or replace the Outer Space Treaty, one an op-ed in the U.S. and the other a statement by the head of Russia’s space agency.

At first glance these announcements seemed hopeful, especially because the op-ed, written by one of the authors of a just released new study [pdf] by a defense-oriented Washington think tank, made part of its focus the need to encourage commercial activities in space.
» Read more

Canada proposes new global treaty to control mining in space

The globalists at the UN fight back! A Canada-led effort, endorsed by more than 140 academics, politicians, and diplomats, has proposed that the UN and international community create a new treaty to control mining in space.

Signatories to the request for the UN to intervene believe space must be regulated internationally – similarly to Antarctica or the world’s seabeds – and all countries, including non-space-faring ones, get a say in decision-making. The alternative, they warn, could be a splintered approach where companies conduct flag-of-convenience resource extraction in space under whichever country has the least onerous rules. [emphasis mine]

The Trump administration has made it clear that it wants the ability to establish U.S. law on its space operations, both in spacecraft and on its future bases on the Moon and elsewhere, an ability that the Outer Space Treaty forbids. To get around the treaty, the administration has created what it calls the Artemis Accords. The accords require that any nation that wishes to partner in the American-led Artemis program to explore and colonize the Moon must agree to support the establishment of private enterprise and ownership, with the laws of each nation applied to its own operations. To do this the Trump administration is negotiating individual bi-lateral agreements with its Artemis partners.

In essence, the U.S. is using the strategy of dividing and conquering to overcome the Outer Space Treaty’s restrictions.

Canada’s effort is designed to counter the U.S. approach, which is a strong sign that the Trump effort is working. I suspect the battle-lines are now being drawn between China and the many nations that are not operating in space (note the highlighted text), and the U.S. and those space-faring capitalistic nations that wish to partner with it, such as India and the European Space Agency. In fact, Japan and the U.S. today announced continuing negotiations leading to an agreement endorsing their partnership in Artemis, including the Artemis Accords.

Where Russia stands in this battle remains uncertain. They desperately need to partner with someone in the new effort to get to the Moon, since they no longer have the economic resources to do it themselves. The U.S. has made it clear they could join Artemis, but the Putin government opposes the Artemis Accords, preferring that the international community (meaning governments such as them) retain ownership over space resources. They have begun negotiations to partner with China, but it is unclear how much China wishes to partner with anyone.

Regardless, it would be terrible blow to freedom and private enterprise for the U.S. to agree to this Canadian-led effort. Should that approach win, it would make provide ownership and capitalism in space impossible. All power and control will devolve to the global international community, which will then dictate that nothing can happen but what it wants. For example, all the many nations incapable of doing anything in space will want a piece of the action from those nations and companies that are capable, and the result will be that no one will do anything because it simply will not be profitable. Space will simply become another failed communist state, dying before it even becomes born.

Russia to continue bilateral space negotiations with U.S.

According to one Russian foreign policy official, the Putin government will continue bilateral space negotiations with United States in connection with both its Artemis Accords (designed to encourage private ownership in space) and the military doctrines in space recently set forth by the U.S. Space Force.

The official also made note of a Russian-Chinese agreement related to the use of space, which seems to counter what the Trump administration is pushing with the Artemis Accords. However, the fact that these bilateral agreements and negotiations now exist actually gets the U.S. what it wants, foreign treaties that set out goals and rules that bypass the restrictions of the Outer Space Treaty. Those restrictions make private ownership in space legally questionable. That Russia is willing to continue negotiations with the U.S. means that it might agree eventually to some framework that allows private property in space, in order to remain a partner in the Trump administrations Artemis lunar project.

Russia says it will oppose Artemis Accords

My heart be still: Roscosmos head Dmitri Rogozin declared today that Russia “will not, in any case, accept any attempts to privatize the Moon.”

“It is illegal, it runs counter to international law,” Rogozin pointed out.

The Roscosmos CEO emphasized that Russia would begin the implementation of a lunar program in 2021 by launching the Luna-25 spacecraft to the Moon. Roscosmos intends to launch the Luna-26 spacecraft in 2024. After that, the Luna-27 lander will be sent to the Moon to dig up regolith and carry out research on the lunar surface.

Rogozin is doing the equivalent of a 2-year-old’s temper tantrum. Being a top-down authoritarian culture that likes to centralize power with those in charge, Russia doesn’t like Trump’s effort to regularize private enterprise and private property in space, including the administration’s new requirement that any international partner in its Artemis Moon program must agree to that effort.

Russia would rather we maintain the status quo as defined by the Outer Space Treaty, with no private property in space and everything controlled by UN bureaucrats and regulations, who are in turn controlled by the leaders from authoritarian places like Russia.

If Russia wants into Artemis, however, it looks like they will have to bend to the Trump accords. Or they will have to build their own independent space effort, competing with ours. Their problem is that their own program has been incredibly lame for the past twenty years, unable to get any new spacecraft or interplanetary mission off the ground.

Maybe the competition will help Russia, as it did in space in the 1960s. Or maybe they will simply help Biden get elected, and then all will be well! That brainless puppet will be glad to do the bidding of Russia and China, and will almost certainly dismantle Trump’s policies in favor of private enterprise.

A call for India to exit the Moon Treaty

The new colonial movement: An op-ed in India today called for that nation to exit the anti-capitalist 1979 Moon Treaty, different than the 1967 Outer Space Treaty in that it specifically outlaws all private ownership in space and was thus only signed by a very small handful of nations.

India has signed but never ratified the Moon Treaty. The U.S., Russia, and China never did.

India must formally exit this agreement, says Dr Chaitanya Giri, a Gateway House Fellow of Space and Ocean Studies Programme, who was earlier affiliated to the Earth-Life Science Institute at Tokyo Institute of Technology and the Geophysical Laboratory at Carnegie Institution for Science.

The problem with the Moon Agreement, Dr Giri told BusinessLine, lies in the Article 4.1, which says that “the exploration and use of the Moon shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic and scientific development.”

This can be interpreted to mean that if you are a signatory to the agreement, you shall share the fruits of your efforts on the Moon with everybody, whereas if you are not a signatory you won’t have to do so.

The article also notes that, under Trump’s Artemis Accords and executive order allowing for private ownership of any resources extracted in space, India will not be able to partner with the U.S. as long as it remains a signatory to the 1979 Moon Treaty.

That there are now demands in India to leave the Moon Treaty so it can work with the U.S. under Trump’s Artemis Accords also means that those accords are working to convince nations to abandon the Outer Space Treaty’s restrictions on owning land and claiming sovereignty. And they are doing so very quickly.

The Artemis Accords: The Trump administration’s effort to bypass the Outer Space Treaty

Capitalism in space: The Trump administration yesterday released the guidelines it will require any international or private partner to follow if they wish to participate in its Artemis lunar and planetary manned program.

The guidelines, which you can download here [pdf], list ten very broad and vague principles. Most reiterate support for the most successful requirements of the 1967 Outer Space Treaty, such as:

  • the requirement that all activities be conducted for peaceful purposes
  • the requirement that everyone design equipment for interoperability and to international standards
  • the requirement that everyone take reasonable steps possible to render assistance to astronauts in distress
  • the requirement that everyone publicly register anything they launch
  • the requirement that everyone release their scientific data publicly
  • the requirement that all parties take actions to mitigate space junk

The remaining four principles appear designed to bend the Outer Space Treaty in the direction of allowing countries and companies to have some control over the territories they occupy in space.
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Long March 5B’s core stage might hit the ground in uncontrolled reentry

China does it again! The core first stage of China’s first Long March 5B launch is expected to fall back to Earth sometime tomorrow or the next day in an uncontrolled reentry, and it appears that it is large enough for its denser sections to reach the ground.

The core stage is more massive than other notable satellites that have plunged unguided back into Earth’s atmosphere in the last decade, such as China’s Tiangong 1 space lab, Russia’s failed Phobos-Grunt Mars probe, and NASA’s UARS atmospheric research satellite. It’s about one-quarter the mass of NASA’s Skylab space station, which made headlines when it fell to Earth over Australia in 1979.

…The Long March 5B rocket body is mostly comprised of hollow propellant tanks, and much of the rocket’s structure is expected to burn up during re-entry. But some pieces, such as denser parts of the rocket’s two main engines, could survive the fall to Earth and hit the ground. [emphasis mine]

It is very hard at this moment to predict where the stage will come down, which could be as far north as New York and as far south as Wellington, New Zealand.

China is a signatory to the Outer Space Treaty, which states as follows:

Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical persons by such object or its component parts on the Earth, in air or in outer space, including the moon and other celestial bodies. [emphasi mine]

Does China care? Apparently not. This is the second uncontrolled reentry of a large Chinese object in less than two years, since their first space station module, Tiangong-1, came crashing down in 2018. They might have had an excuse with Tiangong-1, since they lost control of it. With this core stage there are no excuses, assuming they have not made plans to bring it down in a controlled manner. We will find out in the next 48 hours.

Nonetheless, this should give us warning about their intentions in space. Though the treaty also forbids any nation from claiming territory, and they will certainly object to the Trump administration’s attempts recently to get around that restriction, I guarantee they will take possession completely of any territory they grab on the Moon or on any asteroids. It does really appear that they really don’t care about international treaties, except when it is to their benefit.

Trump administration drafting new space agreement to supersede Outer Space Treaty

The new colonial movement: According to this Reuters article, the Trump administration is presently drafting a new space agreement, which they have dubbed the “Artemis Accords,” that would allow private property ownership in space and thus supersede Outer Space Treaty’s restrictions on sovereignty.

The Artemis Accords, named after the National Aeronautics and Space Administration’s new Artemis moon program, propose “safety zones” that would surround future moon bases to prevent damage or interference from rival countries or companies operating in close proximity.

The pact also aims to provide a framework under international law for companies to own the resources they mine, the sources said.

In the coming weeks, U.S. officials plan to formally negotiate the accords with space partners such as Canada, Japan, and European countries, as well as the United Arab Emirates, opening talks with countries the Trump administration sees as having “like-minded” interests in lunar mining.

They at the moment are not including Russia or China in the discussions, since those countries have little interest in promoting private enterprise and ownership in space.

Back in 2017 I proposed in an op-ed for The Federalist that Trump do almost exactly this:

Trump should propose a new Outer Space Treaty, superseding the old, that would let nations plant their flags in space. This new treaty should establish the rules by which individual nations can claim territory and establish their law and sovereignty on other worlds or asteroids.

The American homesteading acts of the 1800s could work as a good guide. Under those laws, if an American citizen staked a claim and maintained and developed it for five years, that claim and an accompanying amount of acreage would then become theirs.

In space, Trump could propose that in order for a nation to make a territorial claim, a nation or its citizens must establish a facility. If they occupy and use it for a minimum of five years, that nation can claim it, plus a reasonable amount of territory around it, and place it under that nation’s sovereignty.

Now consider this quote from the Reuters article:

The safety zones – whose size would vary depending on the operation – would allow for coordination between space actors without technically claiming territory as sovereign, he said. “The idea is if you are going to be coming near someone’s operations, and they’ve declared safety zones around it, then you need to reach out to them in advance, consult and figure out how you can do that safely for everyone.”

In other words, the safety zones would essentially be the claimed property of the colonizers, a completely reasonable position.

It is hard to say at this moment whether the Trump administration will succeed in this tactic, of side-stepping a renegotiation of the Outer Space Treaty by working out a new agreement with other interested players. Canada for example has expressed reservations about the Trump administration’s recent public announcement encouraging private ownership of resources in space.

Regardless, that the administration now appears to be addressing the limitations of the Outer Space Treaty is very heartening news. Let us hope they can make it happen.

Russia hostile to Trump declaration to promote private enterprise in space

Russia today issued the first international response to the Trump executive order yesterday calling for private enterprise and property in space, and that response was decidedly negative.

Attempts to seize the territories of other planets are harmful to international cooperation, Deputy Director General of Roscosmos for International Cooperation Sergey Saveliev said on Tuesday. “Attempts to expropriate outer space and aggressive plans to actually seize territories of other planets hardly set the countries for fruitful cooperation,” Saveliev said.

He recalled that there were examples in history when one country decided to start seizing territories in its interests. “Everyone remembers what came of it,” Saveliev added.

Part of the goal of Trump’s order was to try to garner international support for the idea of allowing private property in space. The Russian response today suggests that they will not go along, and instead will use the words of the Outer Space Treaty to block such rights.

As I have been saying for years, the real solution is to pull out of the treaty. It forbids us from establishing our laws anywhere in space, which means future space-farers will be second class citizens, with their only rights determined by the UN, not the Bill of Rights.

Trump signs executive order supporting private ownership in space

President Trump today signed a new executive order reiterating the United States’ support for private enterprise in space, including the ownership of any resources mined or obtained from other orbiting bodies, such as the Moon and the asteroids.

The text of the order is here. It acts to underline previous laws passed by Congress supporting private ownership in space. It also does three things:

1. It makes it very clear that the U.S. will oppose any effort by the international community to impose the Moon Treaty in space. This U.N. law, which is not the Outer Space Treaty that has governed space since 1967, was never ratified by the U.S., and in fact was only signed by seventeen countries. Its provisions were hostile to private property and private enterprise, essentially making both impossible in space. Thus, today’s executive order states:

The United States is not a party to the Moon Agreement. Further, the United States does not consider the Moon Agreement to be an effective or necessary instrument to guide nation states regarding the promotion of commercial participation in the long-term exploration, scientific discovery, and use of the Moon, Mars, or other celestial bodies. Accordingly, the Secretary of State shall object to any attempt by any other state or international organization to treat the Moon Agreement as reflecting or otherwise expressing customary international law.

2. The order re-emphasized the U.S.’s commitment to allowing private companies to retain ownership of any resources they mine from other worlds. Though the Outer Space Treaty appears to allow this, there is some uncertainty, and because that treaty also forbids nations from claiming any territory to establish their sovereignty and laws upon that territory, establishing the ownership of mining resources under U.S. law remains unsure. Today’s order essentially states that U.S. law will apply to those resources:

Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.

3. The order makes clear that the U.S. will use all of its influence to convince all other space-faring nations to agree to this approach.

This last item might be the most important. If the Trump administration can convince all other nations to some new approach that allows for private property in space, the difficulties created by the Outer Space Treaty might be bypassed.

Pence endorses property rights in space

In a speech yesterday at a meeting of the International Astronautical Congress in Washington vice president Mike Pence pushed the importance of property rights in space, noting that the Trump administration is looking for ways to protect those rights.

He made clear that the United States would continue to observe international agreements on space activities — presumably including the Outer Space Treaty, which rules out claims of sovereignty on the moon or other celestial bodies. But Pence also said America’s partners should respect private ownership in space, which is a less settled legal frontier.

“As more nations gain the ability to explore space and develop places beyond Earth’s atmosphere, we must also ensure that we carry into space our shared commitment to freedom, the rule of law and private property,” he said. “The long-term exploration and development of the moon, Mars and other celestial bodies will require the use of resources found in outer space, including water and minerals. And so we must encourage the responsible commercial use of these resources.”

Pence hinted that the United States will be developing new policies relating to the use of space resources. “We will use all available legal and diplomatic means to create a stable and orderly space environment that drives opportunity, creates prosperity and ensures our security on Earth into the vast expanse of space,” he said.

I’m not sure how the U.S. can do this, however, under the limitations placed on us by the Outer Space Treaty. Without the ability to apply U.S. sovereignty to any private operations on the Moon, Mars, or asteroids, it will be impossible to apply U.S. law to those operations.

One avenue that the Trump administration might be considering is an amendment to the treaty that would allow nations to apply their laws to their citizens in space, not the territory on which they land and develop. Such an approach would avoid breaking the treaty’s restrictions on not claiming territory, but it would still achieve essentially the same thing.

Unidentified object launched by Russians Nov 30?

Even though the Russians officially listed four objects launched during its November 30 launch, three military satellites and the rocket’s upper stage, the U.S. military says it has identified a fifth object.

The Rokot/Briz-KM launch vehicle blasted off from Pad 3 at Site 133 at the Plesetsk Cosmodrome in Western Russia at just before 5:30 PM local time on Nov. 30, 2018, according to RussianSpaceWeb.com. At approximately 7:12 PM, the three Rodnik communications satellites had deployed into their assigned orbits. Russia has named the trio of satellites Kosmos-2530, Kosmos-2531, and Kosmos-2532.

This would all be rather banal had the CSpoC, as well as the U.S.-Canadian North American Aerospace Defense Command (NORAD), not recorded the launch slightly differently. Information on Space-Track.org, a U.S. government website that publicly releases data on space launches from the CSpoC and NORAD, listed Objects A through E as resulting from the launch from Plesetsk. This would include the three satellites and the upper stage, but the fifth object is unexplained.

It is possible that the upper stage simply fragmented into multiple pieces that were large enough for the U.S. military to track independently. Three of the objects – A through C – have essentially same perigee, the point in their orbit at which they are nearest to the earth. The other two objects – D and E – share a different general perigee.

The article speculates that this extra unidentified object might be part of Russia’s military program to develop tiny “inspector satellites” that can get close to other satellites and observe them, for both engineering and reconnaissance reasons. If so, this would be a significant violation by the Russians of the Outer Space Treaty, which requires them to list every object they launch. It would also be something they have not done before, which is why I am doubtful about this speculation. Though they are skilled at keeping their military space work secret, they have also obeyed this treaty scrupulously since the day they signed it. If they have decided they can get away with launching objects without listing them officially, then that means the treaty is showing its first signs of collapse, something I believe will happen more and more in the coming years as nations and private companies find themselves increasingly restrained by the unrealistic terms of the treaty.

Posted from Buffalo, New York. I stay here tonight, and go on to Israel tomorrow evening, which means I will be posting tomorrow during the day, and will be able to see the SpaceX launch and OSIRIS-REx’s arrival at Bennu.

China, the Moon, and the Outer Space Treaty

Link here. The article speaks to the problems of sovereignty, ownership, and political borders created by the language of Outer Space Treaty, specifically illustrated now by China’s newest effort to put a lander on the far side of the Moon.

[This] pioneering space travel has raised concern that China is also interested in the tiny spots on the moon that never go dark, the polar peaks of eternal light. Those peaks are vanishingly small, occupying one-one hundred billionth of the lunar surface − roughly equivalent to three sheets of NHL ice on Earth. But their near-ceaseless sunshine gives them great value as a source of solar energy, to power everything from scientific experiments to mining operations.

Their small size could also, scientists have argued, allow one country to take sole occupancy of this unique real estate without falling afoul of the Outer Space Treaty. That agreement stipulates that no state can exert sovereignty in outer space. But it also calls on countries “to avoid interference” with equipment installed by others.

That provides a loophole of sorts, researchers say. The installation of very sensitive equipment on the peaks of eternal light, such as a radio telescope − a 100-metre long uncovered wire used to study transmissions from the sun, and deeper corners of the universe − could use up much of the available space while also providing a rationale to bar others from the area on the grounds that the telescope is too sensitive to be disturbed.

“Effectively a single wire could co-opt one of the most valuable pieces of territory on the moon into something approaching real estate, giving the occupant a good deal of leverage even if their primary objective was not scientific inquiry,” researchers from Harvard University, King’s College London and Georg-August Universitat Gottingen wrote in a 2015 paper.

Because the Outer Space Treaty outlaws any nation from claiming territory, it provides no method for any nation, or private company, to establish its borders or property rights. To protect what they own nations are therefore will be forced to create their own rules, willy-nilly, such as the one speculated above. And when they disagree, only the use of force will be available to either defend or defy these arbitrary rules.

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