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FAQ #10: Why must the Earth-Moon space line and settlement be open to all paying passengers regardless of nationality?

International law clearly requires that opening the space frontier must "benefit all mankind" and that there must be "access to all areas of celestial bodies".

The 1967 Outer Space Treaty in its very first article, says, "The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries ... and shall be the province of all mankind. ...and there shall be free access to all areas of celestial bodies."

Article XII of the Treaty says: "All stations, installations, equipment and space vehicles on the moon and other celestial bodies shall be open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited." All settlements and property owners will have to accept that rule unless the Treaty is ever changed.

Establishing a space line and settlement open to all paying passengers, regardless of nationality, would certainly benefit all mankind, thus making it both necessary and sufficient to meet that very important condition of international law.

The question of compliance with the access requirement of the Outer Space Treaty upsets a lot of people, on both sides of the issue. Greg Nemitz (former "National Marketing Director" of Dennis Hope's "Lunar Embassy") calls the originator of the Lunar Land Claims Recognition idea (Alan Wasser) a Communist for acceding to the access requirement, because it means property owners can't have an absolute right to keep everyone else off their land. Wayne White, however, insists the plan fails because it does not go far enough to comply with that same "free access" rule. The Institute, of course, thinks the best compromise possible has been made until and unless the Treaty is revised.

Strip of lunar land
image credit: NASA

Questions & Answers about Lunar Land Claims Recognition

Note: The first 25 FAQs below are reprinted from the Space Settlement Initiative website.

  1. What is the real purpose of enacting a Lunar land claims recognition law?

  2. Will promising property rights be enough to produce the necessary investment in developing affordable space transport?

  3. What does international law say about private property ownership in space?

  4. Can there be property ownership without national sovereignty?

  5. What if other nations refuse to recognize land claims in space?

  6. Why not allow smaller, limited land claims for easier steps than settlement?

  7. Could lunar land really be worth enough money to make a difference?

  8. What conditions should the US set for recognition of a claim?

  9. How much land should a settlement be able to claim... and why?

  10. Why must the Earth-Moon space line and settlement be open to all paying passengers regardless of nationality?

  11. Wouldn't it help if a major company announced that, if a land claims recognition law were passed, it would try to develop affordable space transport?

  12. Are the weaknesses and compromises in this plan likely to be permanent?

  13. Didn't the earliest version of this plan talk about Lunar "land grants"? Why aren't you using that phrase any more?

  14. Did land grants work in the past, on Earth?

  15. You can't farm Lunar land, and Earth doesn't need the Moon's minerals. So how could Lunar land be put to profitable use?

  16. If you can't give figures, now, proving the profitability of the end uses of Lunar land, how could anyone raise big money for Lunar land?

  17. Could other sources of revenue be enough without land claims recognition?

  18. What if the Lunar settlement does not produce enough operating revenue to pay off its debts and make a profit?

  19. Could this law produce a new "space race"?

  20. Why is U.S. legislation, in particular, so important?

  21. Could the U.S. withdraw from the 1967 Outer Space Treaty, claim national sovereignty on the Moon, then award property rights to whomever it pleased?

  22. What about defense? Does recognizing a land claim obligate the U.S. military to defend the Lunar settlement?

  23. What effect would this have on NASA and the aerospace companies?

  24. What do the experts say about this idea?

  25. Who came up with this idea?

More FAQs

The FAQs above cover basic questions about Lunar Land Claims Recognition. The following questions address more advanced issues.

  1. If we really went to the Moon in 1969, why aren't we there now?

  2. What were the assumptions before the Outer Space Treaty, (e.g. Robert Heinlein)?

  3. Should Lunar government be modeled after Antarctica?

  4. Could the UN just give every nation a portion of the Moon to own, thereby creating valuable Lunar property rights?

  5. Why don't space activists convince the public to support a government program to establish a base on the Moon and Mars?

  6. Will changing how NASA works bring the taxpayers back on board?

  7. What would Land Claims Recognition cost the US Government?

  8. What will this legislation do for general economic growth?

  9. Who would issue and record Lunar land deeds?

  10. Why are Lunar land sales necessary?

  11. Could this law force the US to recognize a foreign government's Lunar land claim?

  12. Shouldn't we wait to put such a law into effect until free societies are ready to settle the Moon, to keep it from encouraging the Chinese?

  13. Would Article VI of the Outer Space Treaty prohibit Lunar land claims recognition?

 

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Every revolutionary idea passes three stages:
  1. It's impossible.
  2. It's possible but not worth doing.
  3. I said it was a good idea all along.
- Arthur C. Clarke
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