Tag: Outer Space Treaty

Hungary becomes the 57th nation to sign the Artemis Accords

8:01 am

NASA’s acting administrator, Sean Duffy, announced yesterday in a tweet that Hungary has now signed the Artemis Accords.

There was no NASA press release because of the government shutdown.

Hungary is now the 57th nation to sign the accords. The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Israel, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Norway, Panama, Peru, Poland, Romania, Rwanda, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

The addition of Hungary means that almost the entire European portion of the former Soviet bloc has now joined the alliance. I suspect the desire of these nations to ally with the U.S. and the west is a reflection of their fear of Russia, which has not been kind to its neighbors, both during the Cold War as well as recently.

It still remains to be seen if this alliance will be used by the American government to encourage property rights in space, something that the Outer Space Treaty presently outlaws. That appeared to be its original goal when the accords were created during the first Trump administration. That goal however was abandoned during the Biden administration, making the accords alliance more of a globalist collective in support of the Outer Space Treaty’s restrictions.

So far during Trump’s second administration no action has been taken to reassert those original goals.

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Senegal to sign Artemis Accords

9:24 am

According to a NASA announcement today, Senegal will become the 56th nation to sign Artemis Accords tomorrow.

The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Norway, Panama, Peru, Poland, Romania, Rwanda, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

It remains unclear whether the second Trump administration has taken a new interest in using this alliance to renew the accords’ original goals, of encouraging private enterprise and property rights in space. The Biden had shifted the purpose away from those goals towards the more globalist approach represented by the Outer Space Treaty.

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Norway signs the Artemis Accords

9:37 am

Norway today became the 55th nation to sign the Artemis Accords, the second nation to do so since Donald Trump assumed the presidency.

The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Norway, Panama, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

Unlike previous announcements, the only official public announcement (so far) was from the State Department. NASA has not yet issued its own statement. Also, and maybe far more important, unlike the previous announcement in April when Bangladesh signed, the text of the announcement made no mention of the Outer Space Treaty, as had been routinely stated during the Biden administration.

When Trump in his first term had created the Artemis Accords, the goal had been to create an American alliance of nations that supported private property and capitalism, which could also become strong enough to either get around the Outer Space Treaty’s restrictions on these concepts, or work to revise that treaty entirely to allow nations to establish such laws on other worlds. During Biden’s term that goal was abandoned. NASA announcements of new signatories would always state bluntly the exact opposite, that the accords were designed to support the Outer Space Treaty, using this language:

The Artemis Accords are grounded in the Outer Space Treaty and other agreements including the Registration Convention, the Rescue and Return Agreement, as well as best practices and norms of responsible behavior that NASA and its partners have supported, including the public release of scientific data.

Today’s State Department announcement makes no mention of the Outer Space Treaty at all, instead placing the focus on the accords’ principles of private enterprise.

With an alliance now of 55 nations (which is also likely to grow), the present Trump administration is well positioned to force some action on changing or eliminating the Outer Space Treaty’s limitations on private property and the ownership of territory on other worlds. Obviously this is not the most important item on Trump’s plate, but it does need to be addressed if Americans (and everyone else) are to have the freedom to establish colonies on other planets, protected by the same laws that protect Americans on Earth.

Hopefully the subtle language change seen today in this State Department press announcement is a signal that the Trump administration intends to do so.

UPDATE: It appears that NASA still wants this alliance to uphold the Outer Space Treaty. Late today it released its own press release announcing Norway’s signing, and included the boilerplate that I quote above that it began using during the Biden administration.

I wonder when (or if) Marco Rubio or any of the higher ups in the Trump administration (including Trump) will ever take an interest in this issue. So far it does not appear they have.

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Bangladesh signs Artemis Accords

8:37 am

Bangladesh today became the 54th nation to sign the Artemeis Accords, and the first to do so during Donald Trump’s second term.

The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Austria, Bahrain, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Panama, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

Based on NASA’s press release, it appears that Trump has not yet addressed the changes created by the Biden administration to the accords’ basic goals. The release still touts the accords as being “grounded in the Outer Space Treaty,” as if the accords were created to strengthen that treaty.

This is exactly the opposite of the accords’ original goals. Trump initiated the Artemis Accords as a way to create a large international alliance strong enough to either force changes in the Outer Space Treaty’s limitations on private property, or to bypass it completely.

At some point in the next three years, expect Trump’s eye to turn to the accords, and demand changes to the Outer Space Treaty. And don’t expect those demands to be mild and gentle. Right now the Outer Space Treaty forbids any nation from claiming any territory on the Moon, Mars, or the asteroids, thus forbidding western nations that believe in private property and citizens’ rights from establishing their legal law there. Either that limitation is going to be removed, or Trump is going to use the combined strength of the Artemis Accords alliance to bypass it entirely.

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Finland signs Artemis Accords

9:50 am

Finland today became the 53rd nation to sign the Artemis Accords. Based on the official statement from Wille Rydman, Finland’s minister of economic affairs, it appears Finland sees the accords as a way to encourage its own private space sector:

“Finland has been part of the space exploration community for decades with innovations and technology produced by Finnish companies and research institutions,” said Rydman. “The signing of the Artemis Accords is in line with Finland’s newly updated space strategy that highlights the importance of international cooperation and of strengthening partnerships with the Unites States and other allies. We aim for this cooperation to open great opportunities for the Finnish space sector in the new era of space exploration and in the Artemis program.”

The NASA press release still appears to focus on strengthening the Outer Space treaty, but I suspect that this Biden-imposed goal will change now that Trump is president. The original purpose of the accords as created during Trump’s first term was to work around the Outer Space treaty’s limitations on private ownership in space. Expect a return to that goal.

The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Austria, Bahrain, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Panama, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

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Liechtenstein signs the Artemis Accords

10:16 am

The tiny nation of Liechtenstein in Europe yesterday became the 52nd nation to sign the Artemis Accords.

The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Austria, Bahrain, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Panama, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

There has been a flurry of new nations signing the accords since the November election of Trump. I suspect his coming encouraged these nations to sign, knowing the moribund leadership of Biden will soon be replaced with something more robust. It is also likely that these nations see a renewal of Trump’s original goals for the Artemis Accords, to create an international alliance, led by the United States, with the goal of overcoming the Outer Space Treaty’s limitations on private property.

I hope this turns out to be true. This alliance gives Trump a powerful lobby he can wield to force change.

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Panama and Austria to sign Artemis Accords

9:18 am

NASA yesterday announced that both Panama and Austria will sign Artemis Accords tomorrow, bringing the total number of nations in the alliance to fifty.

The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Austria, Bahrain, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Panama, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

The accords were created by the first Trump administration with the goal to create an alliance with enough clout to overcome the Outer Space Treaty’s restrictions on private property. Under the Biden administration, the goal has been rewritten to accomplish the exact opposite, as noted by NASA yesterday:

The Artemis Accords are grounded in the Outer Space Treaty and other agreements including the Registration Convention, the Rescue and Return Agreement, as well as best practices and norms of responsible behavior that NASA and its partners have supported, including the public release of scientific data.

With Trump back in charge, expect him to bring the accords back to its original goal. Unlike his first term, the alliance is now large, and he can use it to quickly apply pressure on the international community to overcome the Outer Space Treaty’s limitations on private property.

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Denmark joins the Artemis Accords

8:27 am

In a signing ceremony yesterday in Copenhagen, Denmark became the 48th nation to sign the Artemis Accords.

The full list of nations now part of this American space alliance: Angola, Argentina, Armenia, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

With this alliance established, the incoming Trump administration will have great political international leverage, increasing the chances it can finally use the accords to achieve its initial goal, to overcome the legal restrictions on private property imposed by the Outer Space Treaty.

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Good news: The European Union’s space law is delayed

10:38 am

According to comments by one official of the European Union (EU) at a conference in Italy this week, its proposed space law has been delayed and will not be ready for publication in 2024, as previously promised.

It appears the delay is mostly because of what appear to be complex objections to this law from many of the EU’s many member nations.

Ten of the European Union’s 27 member states “have a full-fledged national space law addressing private-sector operation,” Von der Dunk said. The national laws cover authorization and supervision of commercial activities under Article VI of the 1967 Outer Space Treaty.

The EU’s authority to promote scientific progress and the industrial competitiveness of member states comes from the 2007 Lisbon Treaty. That authority is limited, though. “The commission has to make an argument why [space law] should be treated at the EU level, as opposed to the national level,” Von der Dunk said. [emphasis mine]

As I noted in April 2024 when the release of the EU’s space law was pushed back until the summer of 2024 (which by the way did not happen), those member nations do not wish to give the EU that authority, as the EU’s track record in these kinds of matters is heavy regulation and a lot or red tape, all designed to give it power and squelch private enterprise.

It appears those member nations are acting to block this law, and appear to be succeeding. My guess is that Germany, France, Spain, and Italy are the main opponents, all of which have their own space laws in place and are now developing viable private commercial rocket and spacecraft companies. They don’t want the EU’s busy hands anywhere close to these businesses, because they expect it to squash them if it gets the chance.

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Uzbekistan signs Outer Space Treaty

9:15 am

More than a half century after the Outer Space Treaty was written and put into force in 1967, Uzbekistan’s legislature in August approved joining the treaty, with the nation’s president signing that legislation this week.

By joining this treaty, Uzbekistan aims to strengthen cooperative relations with developed nations, accelerate the transfer of space-related technologies, and ensure that its space activities are conducted in accordance with international law and its national interests.

By signing the law the country — formerly part of the Soviet Union — is better positioned to sign joint agreements with other nations, either with China’s lunar base partnership or the American Artemis Accords (as presently being structured by the Biden administration).

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Estonia signs Artemis Accords

8:55 am

NASA yesterday announced that Estonia had become the 45th nation to sign the Artemis Accords, the bi-lateral treaty created during the Trump administration initially to overcome the Outer Space Treaty’s limits on private property and ownership.

The Biden administration appears to be working to de-emphasize those goals, and in fact to instead strengthen the Outer Space Treaty. From this press release (and similar to statements in all recent press releases):

The accords are grounded in the Outer Space Treaty and other agreements including the Registration Convention, the Rescue and Return Agreement, as well as best practices and norms of responsible behavior that NASA and its partners have supported, including the public release of scientific data.

The full list of nations is as follows: Angola, Argentina, Armenia, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Colombia, Czech Republic, Dominican Republic, Ecuador, Estonia, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

It is interesting to note that Estonia as well as Lithuania, Armenia, and the Ukraine were once part of the Soviet Union (against their will). Similarly, the Czech Republic, Poland, Romania, Slovakia, and Slovenia were once part of the Soviet bloc, also against their will. It appears they want to ally themselves with the west, with one reason their fear that Russia might invade them as it has the Ukraine. It also could be that these nations agree with the Trump administration’s original goals, and wish to promote capitalism and private property, having experienced for decades the failures of communist and authoritarian rule.

The future goals of the Artemis Accord alliance will demand entirely on who wins the presidency in the elction in November.

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Brazil approves space bill that appears to crush that country’s future in space

10:13 am

The Brazillian legislature has now approved a new space regulatory bill that appears to create a whole range of new agencies and regulatory bodies, all designed to heavily supervise all space activities while giving a great deal of arbitrary power to the government.

The quote below says it all. Note that the term “space operators” refers to any private aerospace operation.

The [government] may economically exploit, directly or indirectly, without bidding, the space infrastructure, including ground equipment and logistical resources, installations and computer systems necessary to carry out space activities.

The regulatory authorities, AEB and the Air Force Command, will have free access to the facilities and equipment of space operators. They may, at any time, cancel or change the licenses granted in the event of non-compliance with obligations or when there is a threat to national security or violation of international commitments. Even if its activities are suspended or canceled, the operator remains responsible for the artifacts that are in operation. [emphasis mine]

There is a lot more, all of it adding more heavy regulation while imposing great responsibilities both legal and financial on the private companies, all to the benefit of the government.

Who is going to invest billions, even millions, under such an arbitrary regime? No one, especially because the Brazillian government has already proven its willingness to unilaterially block or take over private companies with its actions in connection with Starlink and X.

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Family whose home was damaged by NASA battery ejected from ISS files claim

3:29 pm

The Florida family whose home was damaged when a battery that NASA had ejected from ISS smashed through the roof of its house has now filed an $80,000 claim with the space agency.

Alejandro Otero, owner of the Naples, Florida, home struck by the debris, was not home when part of a battery pack from the International Space Station crashed through his home on March 8. His son Daniel, 19, was home but escaped injury. NASA has confirmed the 1.6-pound object, made of the metal alloy Inconel, was part of a battery pack jettisoned from the space station in 2021.

An attorney for the Otero family, Mica Nguyen Worthy, told Ars that she has asked NASA for “in excess of $80,000” for non-insured property damage loss, business interruption damages, emotional and mental anguish damages, and the costs for assistance from third parties. “We intentionally kept it very reasonable because we did not want it to appear to NASA that my clients are seeking a windfall,” Worthy said.

No lawsuit has been filed so far, as the family is trying to work this out with NASA amicably, and also help set a precedent for future such incidents. NASA in turn gave the family a claim form and is now reviewing the form they submitted.

The article I think is incorrect when it states that this incident “falls outside the Space Liability Convention” (which was written under the Outer Space Treaty) because the debris didn’t come from a foreign country but was launched and de-orbited by an American government agency. The Outer Space Treaty makes whoever launches anything in space liable for any damages. If NASA attempts to fight this it will be violating not only the language but the spirit of the treaty.

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Italy approves new space law

9:40 am

Italy’s Council of Ministers yesterday approved language for a new space law and five year space economic plan, designed to regulate the commercial space operations inside Italy as well by Italian companies operating in foreign lands.

In addition to mandating authorization for national and foreign operators who intend to conduct space activities from Italian soil, the law will also regulate the activities of national operators intending to conduct business from foreign territories. One element of regulatory compliance outlined within the law addresses the management of space incidents. Operators will be required to secure insurance coverage of up to €100 million per incident. There are, however, provisions allowing for the potential for lower caps in cases of reduced risk.

More details about the law can be found here. It gives regulatory authority to Italy’s space agency ASI, while also establishing a five-year government program (funding not disclosed) to stimulate the space sector.

The released details are insufficient to find out the real consequences of this law. If written correctly, the regulations could actually make it easier for the private sector to prosper. If not, it could instead squelch new startups as well as existing companies.

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Peru and Slovakia sign Artemis Accords

8:52 am

In separate press releases (here and here), NASA today announced that both Peru and Slovakia have signed the Artemis Accords, becoming the 41st and 42nd countries respectively to join the American space alliance.

The alliance now includes these nations: Angola, Argentina, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Colombia, Czech Republic, Ecuador, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Peru, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

As with all recent Artemis Accord signing announcements under the Biden administration, the focus of the accords is no longer promoting private property and capitalism in space (as they were conceived by the Trump administration). Instead, the focus appears to be a globalist’s dream, as noted as follows in both annoncements:

The United States and seven other nations were the first to sign the Artemis Accords in 2020, which identified an early set of principles promoting the beneficial use of space for all humanity. The accords are grounded in the Outer Space Treaty and other agreements including the Registration Convention, the Rescue and Return Agreement, as well as best practices and norms of responsible behavior that NASA and its partners have supported, including the public release of scientific data.

Rather than use this alliance as a wedge to overturn the Outer Space Treaty’s restrictions on private property in space, it now appears the alliance is working to strengthen those restrictions, led by the U.S. under the Biden administration.

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Russia vetos UN resolution put forth by U.S to ban nuclear weapons in space

9:27 am

Russia yesterday vetoed a UN resolution by the U.S and Japan that proposed banning all nuclear weapons as well as “other weapons of mass destruction” in space.

This is all a game by the diplomats and politicians in power on both sides.

U.S. National Security Advisor Jake Sullivan on Wednesday echoed [U.S. ambassador] Thomas-Greenfield, reiterating that “the United States assesses that Russia is developing a new satellite carrying a nuclear device.” If Putin has no intention of deploying nuclear weapons in space, Sullivan said, “Russia would not have vetoed this resolution.”

Russia’s U.N. Ambassador Vassily Nebenzia dismissed the resolution as “absolutely absurd and politicized,” and said it didn’t go far enough in banning all types of weapons in space. Russia and China proposed an amendment to the U.S.-Japan draft that would call on all countries, especially those with major space capabilities, “to prevent for all time the placement of weapons in outer space, and the threat of use of force in outer spaces.”

The vote was 7 countries in favor, 7 against, and one abstention and the amendment was defeated because it failed to get the minimum 9 “yes” votes required for adoption.

So Russia vetos the U.S. resolution, and the U.S. and its allies veto the Russian resolution. In both cases neither side intends to stop work on its space weaponry, nor will either allow any independent inspections of their facilities. Moreover, both resolutions are irrelevant, because these nations are all signatories to the 1967 Outer Space Treaty, which already outlaws the placement of nuclear weapons in space.

As I said, it is all a game, intended not to stop deployment of such weapons but to try to embarrass their opponents.

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Slovenia signs Artemis Accords

10:58 am

NASA announced yesterday that Slovenia has become the 39th nation to sign the Artemis Accords, joining the American alliance for exploring the Moon and the solar system.

The alliance now includes these nations: Angola, Argentina, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Columbia, Czech Republic, Ecuador, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, Slovenia, South Korea, Spain, Sweden, Switzerland, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

As with all the recent announcements, the NASA press release now insists that the accords are designed to “reinforce and implement key obligations in the 1967 Outer Space Treaty,” the exact opposite of the original goals of the accords. Rather than overvcome the Outer Space Treaty’s restriction on private property in space, the Biden administration is now using the accords to strengthen that restriction. To quote someone (Mussolini) whose policies the modern globalist world clearly admires, “Everything in the State, nothing outside the State, nothing against the State.”

This could all change with different leadership in Washington, but whether the administrative state, led by the Democratic Party, will allow such a thing at this point in history is very questionable. And they appear aided in this totalitarian effort by a meek and largely ignorant American public.

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Sweden signs Artemis Accords

9:55 am

Sweden yesterday became the 38th nation to sign the Artemis Accords, one day after Switzerland had officially signed.

The alliance now includes the following nations: Angola, Argentina, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Columbia, Czech Republic, Ecuador, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, Spain, Sweden, Switzerland, the United Kingdom, the United Arab Emirates, the Ukraine, the United States and Uruguay.

The press release once again focuses on “reinforcing” the Outer Space Treaty, rather than using the accords to get around that treaty’s limitations of private property. More and more it appears the Biden administration and the global community wants to use this alliance not to encourage the establishment of a legal framework for private ownership, but to retain that power within the governments involved.

As I said last week, “Under these circumstances, I wonder why China and Russia haven’t signed on as well.”

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African lawfare to take control of space

12:57 pm

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

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The Netherlands says it will sign Artemis Accords

12:13 pm

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.

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