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OK - your grammar was at fault then!: "The Moon treaty is by its nature more or less a law of the sea for space. Most countries including the USA have at least signed that treaty ."
Now you've clear up the "treaty" in the second sentence did not refer to the "treaty" in the first, I fully understand what you are saying but don't agree with you since that is a leap that I don't think has ever been attempted. The moon is land not sea. Any precedence would relate to land on Earth,not sea on Earth. I'd like to see your citation for your interpretation.
Both are classed as Common Heritage That means they belong to all of mankind not one country or agency of that country. The outer space treaty states it clearly in articles one and two.
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.
This is clear and precise common heritage status
Grypd - I wasn't arguing that the Moon Treaty will NEVER become part of international law - I was simply pointing out you were factually wrong to claim that most states, including the USA, had signed the treaty. You haven't admitted your error, but that's your affair.
As we know from flags of convenience at sea, state registration can mean very little in practice. It wouldn't of itself be a brake on commercial development.
Sorry Louis we are at crossed purposes here. I was stating that most countries have signed the Law of the sea and yes i agree that they have not signed the Moon treaty. What im trying to show is that in international law the precedent has been set (They signed the similar law of the sea treaty and of course the outer space treaty) and since there is no treaty currently standing that repudiates the Moon treaty its has a lot of weight in international law. It is classed as common heritage status and as such only for use for the benefit of all mankind.
I honestly hope the Moon treaty does not become international law. The other thing is that you have to note about flags of convenience is that it will not apply to space. Any accident etc will not be the private company that gets the bill to fix it but the country. All missions even if from a private source are designated as belonging to the country that sent the mission. It is the countries responsibility to register that mission with the UN and it is the country that has the fiscal liability. The normal flags of opportunity states cannot afford that liability. That is article VI of the outer space treaty.
From the Space Review article:
"The United States, the Russian Federation (former Soviet Union), and the People’s Republic of China have neither signed, acceded, nor ratified the Moon Treaty, which has led to the conclusion that it is a failure from the standpoint of international law.2 "
But that is the first part of the article and it goes on to show just why the belief that the moon treaty is failed is wrong.
I think the key point that everyone understands is that none of the states on Earth should claim parts or the whole of celestial bodies as their own. That says nothing of course about companies operating there or indeed colonies establishing their own effective statehood.
And no private company is treated as anything but as an agency of the Goverment it is registered to. Certainly the PRC and Russia have stated as such.
Grypd - Do you have a source for your claim that most countries including USA have signed the Treaty? Wikipedia indicates only 17 countries have signed and ratified or signed - and USA is not among them. Indeed only France among leading space nations has signed I think.
If there is a Treaty but it hasn't been signed then I think one can call into question its provision, althoguh I agree "custom" is important and of course the Outer Space Treaty does apply to the Moon.
Has Space X failed to invest? I think not. It's identifying the business opportunity and having big nation protection that is important. Space X is under the wing of the USA, but it has seen plenty of commercial opportunities in space.
The Law of the sea is here Wikisite Law of the sea
The fact that the law of the sea has so many similarities to the Moon treaty if you read them is what causes us problems. Space X is a commercial body but as part of the outer space treaty is considered to be a US organisation. It is going for commercial opportunities given by supplying the ISS and of course launching satelites into orbit it is not talking about mineral exploitation as its lawyers will be telling them just what I have said its too grey an area to get into. What is needed is to modify the outer space treaty to allow mineral exploitation.
An article on the Moon treaty The Space Review : The Moon Treaty: failed international law or waiting in the shadows?
I can assure you that in space Microwave transmission works much better than here on Earth.
One way to build things on the Moon is to simply put regolith in a mold and microwave it making quick easy bricks.
Some plans to do that with making roads just involve a rover microwaving the regolith to make a hard surface.
The Moon treaty is by its nature more or less a law of the sea for space. Most countries including the USA have at least signed that treaty. The Moon treaty does not stop commercial enterprises it just puts there regulation onto the UN and that any technology you develop has to be shared with everyone.
In international law there are two types of Law one is treaty law and the other is customs. The Moon treaty has some of the first but is strongest with the second. And since no one has put in place a regime or treaty to deal with commerce in space then the only thing to base dealings with that is the Moon treaty.
The other thing to note is that the treaties in space are not only similar to those that deal with Earths seas and Oceans but they also have been add ons to previous treaties. The treaties dealing with satelites and freedom to operate in space are part of the outer space treaty and much of the outer space treaty is also part of the Moon treaty.
The basic answer to all of this is it is far too much of a gray area and that makes buisness interests very unwilling to invest in something that could well lose in a court case.
Lunar regolith samples aren't the property of all mankind though, and neither are the cometary samples, or the solar wind samples... anyway, I'm sure the Outer Space Treaty doesn't mention that, only the ownership of real estate, and even then only by existing nations (tbh, if they wished to include private organisations they'd propably have to recognise them as non-signatory nations, giving them sovereignty at least...).
This will go off topic slightly but has to be said.
Currently all the samples from the Moon are scientific samples for the exact purpose of furthering knowledge. They where never commercial samples.
Many people consider the only treaty that space missions are bound too is the Outer space treaty. Unfortunatly that is not the case. The Moon treaty of 1979 is still present and for all intents the countries of the world have acceded to that treaty and it considers the USA to have done so. And all missions into space have to have a country of origin and even if a private company they are licensed by that country.
Trying for commercial mining and resource hunting even if selling asteroidal material could well have a sting in the tale as all mankind could ask for some of the profits.
Grypd -
I have read that there are plenty of rare earths all over the planet but their extraction is a dirty business which is why the environmentally squeamish countries - somewhat hypocritically - leave it to China and elsewhere to do the mining and processing.
Is it really that or the simple fact that rare earths tend to be rarely focused in extractible density and that China had some of the best reserves in that concentrated form. And they appear to be once of origin of the same event that formed the Moon.
It is an intresting fact that most rare Earths we mine here on the Earth are the result of lunar ejecta that has hit our Earth. And that our supplies of this essential elements are running short.
And that with current commodities prices PGMs and now Gold are worth the lunar mining and return.
Still the major bar is political under the current treaties space missions are under make any materials garnered the property of all mankind.
Louis take my word for it as saturation divers can tell you pressure changes even to finger tips hurt and often lead to complete loss of feeling in those fingers. That is a very dangerous thing to happen. There is also the real possibility that Martian regolith will be extremely dangerous to exposed flesh and in all likehood extremely abrasive.
So we need a holy grail suit one that is light but tough and able to be donned without too much prebreathing and preperation and also still flexible with a long mission durability. Luckily since Apollo and even shuttle suits material science has improved so maybe we can get something.
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There is the possibility of using flywheels as a means to store electrical energy. This will obviously have uses if you need electricity for peak uses. Still being able to create a fuel to be burnt either in an engine or converted in a fuel cell will be much more effective. This allows fuel depending on type to be stored long term and this can be tapped much more easily.
When it comes down to it.
We will colonise Mars only when we send enough people that we dont just have one base but many. Each will be located next to a resource they can supply to other bases. This is the experience that we have learned from our ancestors who colonised the Americas. It is the ability to increase population that makes a succesful colonisation and bases kept in Isolation waiting for resupply will fail. All I can say to this is Roanoake and Darien.
These bases will rely certainly in the initial to middle stages on supply from the homeworld nation. But the future if that country keeps its nerve is to create another extension of itself.
Of course technology is advancing with the possibility of 3D printers being able to make everything that is needed but of course they do require supplies and power to work so...
Still a long time before that happens.
Sorry Midoshi I believe that Spacenut is talking about the Phobos-Grunt probe losing orbit.
The answer to that is it is already losing height but it really depends on the next few days and it may be only that this probe has before it starts to burn up.
The Mission has gone silent again. This is not looking good at all.
There are three stages in the terraforming process these are Initial, Partial and of course full.
Mars at the present does not have a carrying capacity the missions sent there will have to be housed in specific habitats with the same tolerances as if they where in deep space and if it comes to leaving Mars at this state then the new home of Humanity will be O'Neill type colonies in space. These will be safer and have access to much more wealth in the form of asteroidal material than any Mars colony.
Certainly I dont want Mars to be the equivalent of an Antartic research base. This is a deliberate statement as Mars does have water and volatiles locked into its surface and if we stick a building on top and add heat we have building damage.
So we want to Terraform Mars well the first step is to add light and heat. Soletta arrays increasing the suns luminosity on Mars will be the cheapest option. Soletta arrays are large mirrors of thin reflective material and we have been testing the development of these as sails. This will have two effects the first is of course Mars gets brighter and Warmer and we begin to notice an increase in Air pressure. But the effect is also to improve our ability to grow crops and of course to create Farms.
Bioengineered crops designed for the low light enviroment of Mars grown in CO2 pumped in from the Martian atmosphere filled Farms could produce our first product available to the rest of the solar system. It will be cheaper to grow a lot of food on Mars and to deliver it across the solar system than to send it up from Earth. We have to assume and rightly that Mars will not be our only point of interest and that we will be resource hunting in the asteroids and of course developing the Moon and further out. Mars has less gravity and we could build larger farms without the need to provide artificial lights if we go this way. This means in any economy that using NIMF rockets or mass driver technology Mars could provide food across the solar system to our other outposts where the further they go out the less sunlight they have and of course space used up for plants is less space used up for something else. Of course extra light and heat also allows solar power to really begin to function and as air pressure increases so can we use windmills this provides us with more electrical power on the surface but that is just a bonus.
This is initial terraforming and cost/benefit analysis is reasonably cheap cost to build and maintain with a very large benefit.
Partial terrforming where we get to the point air pressure is such that we have plants growing outside will depend on how we get about it. We need to increase the atmosphere and to provide more heat be it large heat producing reactors on the surface or to start a super greenhouse effect by use of chemical plants etc. Do we send kuipler belt snowballs to Mars to impact on the surface, possible? We may not need to do that depending on just how much volatiles are locked up in the surface and poles of Mars. The cost is unknown but large but the benefits is to safety and that carrying capacity of the planet. If we only need a face mask and warm clothes to walk around the planet that is much better than full spacesuits.
Full terraforming now that is hard to speculate. Just how do we give Mars a magnetic field?
Space tugs in LEO are one of the most essential parts of an infrastructure policy to push us further out.
I tend towards using magnetised tethers as tugs as they will use little if any fuel and of course this leads to long onstation times.
Sorry Glandu.
The Space Shuttle would not have been launched to fix this probe it only cost £170 million. The launch costs of the Shuttle tended to be in the excess of $500 million.
There is also the slight issue that it is a Russian/Chinese mission and it would take literally years to plan out.
So lets hope Roscosmos can fix it and send it on its way but to be really honest it does not look good and the curse of Mars has claimed another mission.
PS welcome to New Mars.
Thread Necromancy love it....
A quick Update for those unaware (unlikely as it is on this site) about the Phobos-Grunt mission
Phobos-Grunt is a mission to land a probe on Mars's Moon Phobos and to return a sample to Earth, it was also to deliver the Chinese satelite Yinghuo-1 into Mars orbit.
It was launched on November the 9th from Baikonur.
It immediately became obvious that something had gone wrong as they lost all contact with the Probe and that its huge cruise stage did not fire leading to the mission to slowly start falling back to Earth.
Roscosmos have tried to get communications back but had upto Monday failed and ESA took over from ESOC in Germany. They adapted there 15metre dish outside Perth Australia to try to listen into the Mission. And the good news is they have X band transmissions from the craft.
What happens next is depending on what is wrong with the craft. The best hope is that it is a software fault and sending a patch could resolve the issue. If it is hardware and no alternative is available then the mission could still be lost. It should also be noted that the Mission has missed its best transfer window to Mars and that could lead to severe mission difficulties unless the problem is fixed fast.
Hi Folks.
What in my very poor way is trying to have in place a set of groundrules or guides to people to know what is and is not acceptable. It is though I know a difficult and rather thankless task to perform.
In this I think the basis should be that we can discuss current space policies / NASA leaders, Spaceport USA etc which also tends to lead us into defence and fiscal policies but that we keep this tight. We can discuss treaties and proposed treaties as to how they effect space and any space related announcements by political leaders. We do have to be careful that with certain countries were we do not actually know there full intentions in space and even here on Earth.
We probably should have a rule that come election time especially in the USA that no discussion about Democrat/Republican who would make the best president etc be allowed it is not as if many of the people who could vote on this will decide purely on a candidates Space policy.
Whatever happens I agree with Clark I dont want the point belabored so I dont intend to address it after this posting.
Hi Rxke.
To be honest im not sure that the Mars Society is all that healthy. Lets hope that New Mars gets some more support now its back.
JoshNH4H I agree that the republican/democrat catfight etc has no place here but the no politics rule was an attempt to be black and white and that just could not work. We are in a situation where certainly the western world appears to be retrenching from space and discussing that will drop us into politics and talks about the recession and of course people blaming one party or another. We have to have a discussion about how to get the entrenching stopped without getting stuck in a useless blame game.
A further example is for us space advocates is that we could not really talk about how to get elected officials to support space more and just who to write to get that support as it would have been a breach of the rule even though we had a section for this. It never happened as common sense applied but it is an example of what the rules should allow us to do.
Today 21:01:18 The forum managed for a very long time without any such rule.
True but we also started to lose a lot of those who where here only for space and we do have a broad kirk and that means the political spectrum was very wide. In the lead up to the elections in the USA it did become a bit daft.
First of all my hearty congratulations and thanks on getting the forum back up and saving as much as you have.
The next thing is just a suggestion. Politics especially with the way the Spacerace is at the moment is a fundamental part. Just talking about international cooperation is politics and of course politics controls the purse strings. And No Bucks no Buck Rogers. It needs to be seriously moderated but we cannot get rid of it completely.
How about "AT LAST"
The way things are going it might well be the first words spoken on Mars.