Offworld real estate (was Ethicists Tell NASA...)

On Apr 6, 2014, at 7:00 PM, Joe Strout wrote:

>> In any case, for orbital settlements we dont need ownership. We
>> just need mining rights. Actually, we dont even need that. We just
>> need non-interference. I.e., if you start a mining operation on a
>> moon, planet, or small body you dont want someone else coming along
>> and getting in the way.
>
> Ugh. Please no -- I live in a state where mining rights (and water
> rights, for that matter) are bought and sold completely independent of
> land ownership. It's a royal mess.

Im not suggesting separate ownership and mineral rights.

Im suggesting one, and only one, right non-interference. I.e., if you start a mining operation no one else can interfere with it. This can work because right now nobody has any control of any heavenly body, and there are a vast number of bodies some with vast territory.

Some day there will be lots of people in space and there will be competition for material resources. Then we will need property rights. But right now that is not the situation. The situation is that nothing is there. Nothing. Anyone (who can pull it off) can go out and get de facto control of any heavenly body or at least part of one. In fact, that is exactly what the Apollo program did, albeit for extremely limited times.

I think space law needs to be based on space reality. It does not necessarily need to look like terrestrial law, and what works here may not work well out there.