Land Grants
Possession of property in outer space is an area of space law that is complex and controversial. There exists a tension between the desire to encourage scientific exploration that will benefit all humankind and the economic reality that no one wants to invest billions of dollars in a space endeavor that has to be shared with others who have not contributed financially.
Consequently, the question remains: How does one clarify who owns what in space, or, what is called in law, "property rights"? How can an infinite area be divided up? Or should it belong to everyone? If so, how are decisions to be made that involve everyone on Earth? Since the beginning of space exploration nations have been struggling with these questions.
Treaties
Many countries, through the United Nations General Assembly, have entered into international agreements, international conventions, or charters, which are usually called treaties. A treaty is similar to a law in that it is officially written and is binding, but it is binding only on the states that have signed it.
The Outer Space Treaty.
The United Nations facilitated the enactment of one of the first treaties that addressed this issue, the 1967 Outer Space Treaty. Operating under the philosophy that "there is a close interrelationship between the prosperity of the developed countries and the growth and development of the developing countries," the treaty holds that space is the heritage of all humankind.
Land grants inherently convey the idea of private property rather than communal or public property. The concepts of community and property have developed over time within most societies. In the majority of societies, possessing land or property is thought of as a natural right that must be protected from intrusion by those who would violate it. However, outer space, which requires enormous financial outlays to even enter, falls between the notions of communal property and private property.
Often, ownership of the high seas is used as an analogy for ownership of space and planets, which are sometimes referred to as "celestial bodies." Maritime law is involved in definitions of and concerns about the utilization and conservation of resources such as fish and oil beneath the seabed. National defense is also a concern in regard to the appropriation of the high seas and outer space.
Resources in outer space could sustain Earth once a growing population has exhausted the planet's natural resources. The Outer Space Treaty addresses the goals of resource management in Article 11 (7):
- The orderly and safe development of the natural resources of the Moon;
- The rational management of these resources;
- The expansion of opportunities in the use of these resources;
- An equitable sharing by all States Parties in the benefits derived from these resources, whereby the interests and needs of those countries which have contributed either directly or indirectly to the exploration of the Moon, shall be given special consideration.
The Outer Space Treaty prohibits any single country from colonizing outer space but does allow the use of space resources.
The Moon Treaty.
The 1979 Moon Treaty forbids ownership of the natural resources found on the Moon or other celestial bodies. The purpose of this treaty is to ensure that the wealth of outer space is shared among all nations. Only seven countries have ratified this treaty. Neither the United States nor Russia has agreed with its strict guidelines and thus neither has signed the treaty.
Comparison of Outer Space and New World Land Grants
Land grants in outer space may seem as alien as the colonization of the New World to us, but some of the concerns are the same. A trip to the New World was costly and required the financial backing of a sovereign nation. Initially, the New World was seen as a source of resources for countries such as Spain and England. With colonization, different groups, such as the Puritans in New England, founded settlements that relied on a philosophy of communal property.
In colonial America an emphasis on agriculture shifted to an emphasis on more commercial endeavors, and so communal rights gave way to speculative land policies that the colonial governments endorsed. Speculators were granted large tracts of land that they then sold to emigrants who had
recently come to the country. The promise of plentiful, cheap land drew groups of colonists from the Old World. A family generally owned its own farm. Land was plentiful, but laborers were lacking.
With the fishing industry came commercialization because many more fish were caught than could be consumed. The fishing industry quickly led to trade for commodities such as molasses, ginger, and sugar, which were sold in the West Indies and Europe. Therefore, it seems possible that as in the initial colonization of the New World, where the backing of countries with large financial resources and a vested interest in lining their coffers with newfound riches derived from resource acquisition, space exploration may require incentives for financial investment.
The history of the western expansion of the United States may parallel the promise of space exploration. During the western expansion speculators were able to purchase for practically nothing vast expanses of land that they soon resold to settlers. But acquisition of a land title was often a dispensable technicality for those too poor to purchase one, or who were not inclined to do so because of the vastness of the land.
Only in the future will it be possible to discover what strategies for granting land ownership in outer space to individuals or groups representing private or national interests will best benefit humankind. Perhaps, as in with the move to the New World, the emphasis will shift from communal property interests to private interests. There is some evidence that the pendulum is swinging in that direction. Space is no longer the exclusive preserve of government programs. Commercial companies launch and operate communications satellites, and other commercial ventures will follow.
Bibliography
Fawcett, J. E. S. Outer Space: New Challenges to Law and Policy. Oxford, UK: Clarendon, 1984.
Hicks, John D., and George E. Mowry. A Short History of American Democracy. Boston:Houghton Mifflin, 1956.
Larkin, Paschal. Property in the Eighteenth Century with Special Reference to England and Locke. Port Washington, NY: Kennikat Press, 1969.
Reynolds, Glenn H., and Robert P. Merges. Outer Space: Problems of Law and Policy. San Francisco: Westview Press, 1989.
