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 Who Owns the Asteroids? Mining Project Raises Legal Questions
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Posted on 07-16-12 5:41 PM     Reply [Subscribe]
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 Private groups are shaping business plans to tap into the resource-rich environs of outer space. Early celestial targets with commercial cross hairs on them are the moon, as well as asteroids.

While the financial backing, technology and entrepreneurial spirit to mine asteroids and other space targets is jelling, yet to be grappled with is a mix of thorny issues, such as property and mineral rights, ownership and possession, international treaties, as well as the big “C” — not for Cosmos, but for Capitalism.

It’s true that in space nobody can hear you scream, but it’s also assured that the voices from legal eagles will be soundly heard.

A Space Resources Roundtable that convened here in June brought together experts to address off-Earth resources, private development and the legal issues ahead. The conference was convened by the Planetary and Terrestrial Mining Sciences Symposium, in collaboration with Colorado School of Mines and the Lunar and Planetary Institute.

Several Routes to Mining Space

“My lay take on space property and mineral rights is that there seem to be several potential routes that the evolution of such law could take,” said Leslie Gertsch, deputy director of the Rock Mechanics and Explosives Research Center at the Missouri University of Science and Technology.

Gertsch told SPACE.com that legal experts appear divided on what route is most likely, increasing the current difficulty of making business plans for space. [Planetary Resources' Space Mining Plan (Gallery)]

“The form that space law will finally take will depend on who has the guts and funds to start the process, what case it’s started with, where it is adjudicated — be it the U.S, Australia, Europe or Asia, for example — and how the lawyers chose to argue their respective points during its course,” Gertsch said. “When a major legal firm begins fully billed work, then I will sit up and take notice.”

Even this may happen several times, simultaneously or sequentially, Gertsch added, before legislation or treaties have become robust enough that businesses feel confident. “But that may not be in the near future,” she said.

When someone has prospected enough asteroid targets to start detailed mineral exploration, or someone else has characterized lunar deposits worth mining, maybe two to five years from now, Gertsch said, “then we will start to see activity by lawmakers and in the courts.”

Claiming Property in Space

On the frontlines of what next for space resource development is Gregory Nemitz, CEO of Orbital Development in Twin Falls, Idaho.

It was Nemitz who sued NASA and the U.S. government over his property rights to asteroid433 Eros, a claim he made about 11 months before NASA landed its NEAR Shoemaker spacecraft on the space rock in February 2001.

The claim was based in the first tenth of property law, which is ownership before actual possession. Centuries of law, Nemitz said, recognizes that a common law claim to something can be valid prior to possession.

“Everybody knows that possession is nine-tenths of ownership,” Nemitz told SPACE.com. “The primary purpose of the lawsuit was to get an official determination from the U.S. government about property rights in space. The secondary goal was to move forward the international conversation about that topic,” he told attendees of the School of Mines meeting. [7 Strangest Asteroids in the Solar System]

The first goal failed, Nemitz said. The federal court and the appeals court declined to examine the Nemitz claim for Eros and granted the state’s motion to dismiss on a technicality, “dismissed as a matter of law for lack of a cognizable legal theory.”

The issue of just how someone can make an officially recognizable claim on asteroids or other space resources was not adjudicated.

The second goal was a success. In the last decade many aerospace-themed conferences have includedspace property rights as part of their discussions, Nemitz said.

Extraction Projects

In the coming years, it’s reasonable, normal and perfectly sound to make claims in space, Nemitz said.

For an asteroid, plant a claim marker on the object, say, with a radio beacon. On the other hand, don’t go to the moon and claim the whole moon, perhaps just a 50,000-acre slice, something that is economically viable in size, he said.

If you do that, eventually a regime of property rights will be invented, will be adopted, and probably grandfathered in within previous claims… because it will be the people that have those claims that will be clamoring to make a regime for property rights,” Nemitz said.

“Law follows the actions of people, it does not lead,” he added.

The focus today should center on achieving human-tended space resource extraction projects and let the law be developed to follow that lead, Nemitz said. Those persons, who arrive to the off-Earth places containing resources, will be the society that will someday define and establish the laws for protecting off-Earth property rights.

“Today it is probably best to just carry forward with the engineering projects aiming to extract and use space resources and not worry too much about property rights,” Nemitz said. “Property rights are officially recognized primarily to protect property from theft and vandalism. Space is vast and there aren’t any neighbors vying to steal your property, so don’t worry too much about it.”

Nemitz said that there’s need to embrace the old Zen rubric: “It is easier to receive forgiveness than permission.”

Will Legal Minds Get Involved?

More discussion on mining claims contrasted to surface rights should be part of the dialogue, said Dale Boucher, director of innovation at the Northern Centre for Advanced Technology (NORCAT) Inc. in Sudbury, Ontario. It is incumbent on governments to get together and create the regime in which space resource miningcan take place, to enable economic activity, he added.

“I don’t think a big mining industry is really going to get involved unless that have some surety that they can make a profit,” Boucher said. “They can’t make a profit from it unless there is some regulatory regime in place that allows them do that … whether that’s tax incentives or whether it’s a mining claim concept,” he said.

In terms of the United Nations playing a role, that organization requires consensus. “I don’t see anything happening with consensus,” Boucher said. “Maybe it really is going to be, let’s go out and do it and beg forgiveness instead of permission.”

In many ways, it’s the classic causality dilemma of the chicken or the egg, Boucher noted. He’s not sure which is going to come first: the regulatory framework or the actual economic activity.

“But I think we’re on the cusp of both of those happening,” Boucher said.

Unfortunately or fortunately, depending on a person’s point of view, Boucher said, he’s sure that the legal minds will get involved. “I’m suggesting that maybe we need to dig a little deeper. No pun intended.”




http://mashable.com/2012/07/12/asteroid-mining-property-ownership/
 

 
Posted on 07-16-12 6:04 PM     [Snapshot: 28]     Reply [Subscribe]
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The Outer Space Treaty of 1967

Preamble

Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies.

Opened for signature at Moscow, London, and Washington on 27 January, 1967

THE STATES PARTIES. TO THIS TREATY,

INSPIRED by the great prospects opening up before mankind as a result of man's entry into outer space,

RECOGNIZING the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,

BELIEVING that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,

DESIRING to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes,

BELIEVING that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples,

RECALLING resolution 1962 (XVIII), entitled "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space", which was adopted unanimously by the United Nations General Assembly on 13 December 1963,

RECALLING resolution 1884 (XVIII), calling upon States to refrain from placing in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963,

TAKING account of United Nations General Assembly resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer space,

CONVINCED that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the Purposes and Principles of the Charter of the United Nations,

Articles

HAVE AGREED ON THE FOLLOWING:

Article I

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, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.

Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.

There shall be freedom of scientific investigation in outer space, including the moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.

Article II

Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.

Article III

States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co- operation and understanding.

Article IV

States Parties to the Treaty undertake not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.

The moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the moon and other celestial bodies shall also not be prohibited.

Article V

States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the State of registry of their space vehicle.

In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other States Parties.

States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary-General of the United Nations of any phenomena they discover in outer space, including the moon and other celestial bodies, which could constitute a danger to the life or health of astronauts.

Article VI

States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.

Article VII

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 space or in outer space, including the moon and other celestial bodies.

Article VIII

A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party of the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.

Article IX

In the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. If a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.

Article X

In order to promote international co-operation in the exploration and use of outer space, including the moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality any requests by other States Parties to the Treaty to be afforded an opportunity to observe the flight of space objects launched by those States.

The nature of such an opportunity for observation and the conditions under which it could be afforded shall be determined by agreement between the States concerned.

Article XI

In order to promote international co-operation in the peaceful exploration and use of outer space, States Parties to the Treaty conducting activities in outer space, including the moon and other celestial bodies, agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the Secretary-General of the United Nations should be prepared to disseminate it immediately and effectively.

Article XII

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.

Article XIII

The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration and use of outer space, including the moon and other celestial bodies, whether such activities are carried on by a single State Party to the Treaty or jointly with other States, including cases where they are carried on within the framework of international inter-governmental organizations.

Any practical questions arising in connexion with activities carried on by international inter-governmental organizations in the exploration and use of outer space, including the moon and other celestial bodies, shall be resolved by the States Parties to the Treaty either with the appropriate international organization or with one or more States members of that international organization, which are Parties to this Treaty.

Article XIV

1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Treaty.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices.

6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article XV

Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.

Article XVI

Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

Article XVII

This Treaty, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.
Last edited: 16-Jul-12 06:28 PM

 
Posted on 07-16-12 6:07 PM     [Snapshot: 44]     Reply [Subscribe]
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 GT bro,

I think If managed properly, this treaty can serve the interests us well

 
Posted on 07-16-12 8:21 PM     [Snapshot: 141]     Reply [Subscribe]
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 GT bro, pretty fascinating. Half-way through I was so excited but as soon as I got some of these say by so and so CEO and such, I don't know I simply couldn't agree with them anymore. They're thinking of 'capitalism' to conquer space dust??   Such a huge project for mankind and so many hurdles and obstruction to cross and such a petty concept. Damn, we're not gonna go anywhere if we keep asking for these petty selfishness. All these mineral extraction off of asteroids and ownership of space rocks sounds cut-out concept from sci-fi movie but seriously if these guys ever consider to take this project on, they shoud do it pronto. I'm so eager to read one day that one of my kind walked on the mars and settled down. Seriously, I can't wait to see the day. 

Dharke bro, "Article I" is agreeable :D . It is as if we own moon and other celestial bodies. Well may be one day. 

First off, let's full-fledged technology to cross through van allen radiation belt, be researched and developed. Probably, they're on it. They should also probably think about terraforming than mineral extraction for now, may be next thousand years we'll be doing that. We need it so badly. Right now, our technology is so infant , I can literally compare it to the new born baby who is just opening his eyes to see and observe things around, the day we start to run, it's gonna be whole different story and someday we'll be there. 

 
Posted on 07-16-12 9:27 PM     [Snapshot: 219]     Reply [Subscribe]
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Read half of it really interesting never thought in that way gt pani Keke pad era so Hera basiraho interesting though reminds me of men in black moon and other movies like that
 
Posted on 07-16-12 10:11 PM     [Snapshot: 224]     Reply [Subscribe]
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 Bittertruth,

The technology for mining celestial body is not ripe yet. mainly because of the energy problem. We have not develop the efficient solar panels to collect energy for heavy duty work.There are other  problems too  but most of the problems we can solve within 20 years. Main problem is energy.

A mini mining set up in celestial body will probably require 250 MW of energy supply. Solar energy harvesting system is not yet developed to generate that much energy. The best option available today is nuclear power plant. 
We are not technologically sound to set up a 250 MW plant in any celestail body because of the cost 


So, instead of mining the celestial body it is better to look for alternatives available on earth which might be cost effective

But we should dream about all possisibilities. This is what keeps human kind move forward. One day it will be possible to mine the celestial body, just by

1. Reducing the size of 250 MW nuclear power plant by 1/10. One day human  will develop technology that will reduce the size of nuclear power plant by 1/10. If this happens it will be economically possible to set up a nuclear power plant in asteroid or in moon.
2. Develop solar technology that will be able to collect and store large quantity  of solar energy.
3. Development of another power generating technology. This could be anaerobic bacterias which will feed on the materials available on those celestial bodies and generate power.

Dont forget 

The computer used in Moon landing onboard Apollo 11 had  

1. 64Kbyte of memory and operated at 0.043MHz.
2. Computer weighed 30 KG
3. Display and keyboard unit weighed 10 Kg
Display unit (upper one) and main core of Apollo guidince computer (below)

This was in 1960s, In 2012, we laugh at it





 
Posted on 07-16-12 11:58 PM     [Snapshot: 290]     Reply [Subscribe]
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_____ , I know literally everything about moon landing and the computers they used back then.

But, I'm enlightened to know the power requirement to mine space rock.

And our generation is the one who is totally depending upon the fossil energy. All these carbon based energy shall be replaced soon else we'll be out of resources one day for sure, and then what? Is this the reason for the search for minerals and resources on space rocks?

We don't really need nuclear based technology should we have better alternative. We already are devastated by it's cataclysmic consequences, chernobyl and [Disallowed String for - Bad word 'fuk']usima. If you believe me, there are certain groups who are not willing to get us to that better alternative reason being the profit. If we had bio-fuel, all carbon based plants,cars and vehicles would be useless and hence no profit. If we had free energy as once Tesla imagine we would have, we would have been free but certain group annihilated the very concept and everything related to it coz they saw no profit out of it. I still believe the core technology can be developed right here on earth , I'm not against the space age where mining resources off of space rocks, it sounds cool but still, we should do more here first. We need to better bio-fuel technology or photovoltaic based energy. Space mining is kindda cool to harvest resources for space vehicles ,  I know it sounds like sci-fi movie but I don't see any other way to think than it. Mining minerals and bringing it back to the earth would be such a waste of time, energy and technology. Sun is right there staring us everyday, telling us to 'USE ME, USE MY SOLAR ENERGY' but here we are busy eating up resources on planet earth. We are really fool if we didn't get any technology to harvest solar energy at desired level.

I agree with your point 2 and 3. :D 

adios


 
Posted on 07-17-12 3:29 PM     [Snapshot: 394]     Reply [Subscribe]
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Asteroid Mining Takes A Giant Leap Forward --"Launches New Space Era"

 

           Launcher_one_flight

 

Planetary Resources, Inc., the asteroid mining company, has announced an agreement with Sir Richard Branson's Virgin Galactic's "LauncherOne” (above) to provide launch capability for the Arkyd series of robotic low-Earth orbit (LEO) space telescopes for the exploration and commercial development of Near-Earth Asteroids. LauncherOne uses the WhiteKnightTwo carrier aircraft to launch an orbital booster which delivers about 225 Kg to Low Earth Orbit (LEO). That’s enough payload to launch about 8 Arkyd-100 satellites.

“While the Arkyd spacecraft line itself radically reduces the traditional cost of exploring the NEAs, the less expensive the cost to launch an Arkyd spacecraft to LEO, the more spacecraft the company will launch. The more spacecraft that the company launches, the faster it will create a future where access to asteroid resources results in a vast network of propellant depots throughout space and a future where once precious and rare materials are abundant for all. This will enable humanity’s prosperity to continue for centuries to come,” said Eric Anderson, Co-Founder & Co-Chairman of Planetary Resources, Inc.

Of the nearly 10,000 known NEAs, there are more than 1,500 that are energetically as easy to reach as the Moon. In the next few years, constellations of Arkyd-100 Series space telescopes will help fulfill the company’s early objective of identifying additional energetically-optimal, highly-valuable NEAs which will then be added to the detailed list of the company’s prospecting targets and pursued for future potential resource extraction.

Virgin Galactic, headquartered in Las Cruces, New Mexico, is best known for its plans to ferry paying tourists to the edge of space. The ”LauncherOne” is an unmanned rocket will be air-launched by SpaceShipTwo’s carrier aircraft, WhiteKnightTwo, will be capable of delivering as much as 225 kg to low Earth Orbit.

“We are developing the LauncherOne to deliver small satellites to LEO in a reliable fashion, with the capability to fly dozens of times per year. LauncherOne leverages our work in the area of commercial human spaceflight, and will provide reliable, regular launch opportunities to enable Planetary Resources to explore and develop valuable resources from asteroids,” said George Whitesides, President and CEO of Virgin Galactic.

“As Planetary Resources works to expand humanity’s resource base, we also plan to increase scientific and commercial access to the Earth and deep space by developing capable and cost-efficient spacecraft. Interest in using our Arkyd-100 Series for commercial purposes – in addition to finding asteroids – has been very strong,” added Chris Lewicki, President and Chief Engineer of Planetary Resources, Inc.

Planetary Resources, Inc., the asteroid mining company, was founded in 2009 by Eric Anderson and Peter H. Diamandis, to establish a new paradigm for resource utilization that will bring the solar system within humanity’s economic sphere of influence.  

Planetary Resources is financed by industry-launching visionaries, three of whom include Google’s CEO Larry Page & Executive Chairman Eric Schmidt and Ross Perot, Jr., Chairman of Hillwood and The Perot Group, who are committed to expanding the world’s resource base so that humanity can continue to grow and prosper.  

Some of the company’s advisors include film maker and explorer James Cameron and Sara Seager, an astrophysicist and planetary scientist at MIT.

http://www.dailygalaxy.com/my_weblog/2012/07/asteroid-mining-takes-a-giant-leap-forward-launches-new-emerging-space-era-.html
 

Last edited: 17-Jul-12 03:33 PM

 


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