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The first paragraph of Article 1 of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (a.k.a. The Moon Treaty) reads as follows: "1. The provisions of this Agreement relating to the moon shall also apply to other celestial bodies within the solar system, other than the earth, except in so far as specific legal norms enter into force with respect to any of these celestial bodies." The words "except in so far as specific legal norms enter into force with respect to any of these celestial bodies" allows the establishment of an internationally recognized Provisional Government of Mars.
A Provisional Government of Mars could be established by international consensus (e.g., by a United Nations declaration). The Provisional Government could be authorized to establish a Mars Development Bank, which could in turn be authorized to lease portions of Mars to terrestrial states. The Bank could use those lease payments to fund the exploration and settlement of Mars.
The Provisional Government could also authorize the establishment of municipal governments, which could in turn establish land tenure systems that authorize the private ownership of homes and businesses. The construction of municipal facilities and homes and businesses could be funded by the Mars Development Bank.
In summary, current international law allows the establishment of "legal norms" for Mars. Those norms could be set forth in a "Constitution of the Provisional Government of Mars." One or more international consortiums of terrestrial states could lease portions of Mars and thereby fund the exploration and settlement of Mars by a neutral third party (i.e., the Provisional Government of Mars). This regime is one way to get around the "problem" of terrestrial states exercising sovereignty over extraterrestrial territory.
I have previously posted "Draft Laws for the Peaceful Settlement of Mars." Those draft laws contain all the boring legalese that would be needed to (1) establish a Provisional Government of Mars and (2) provide for the financing and construction of privately owned homes and businesses on Mars.
Cindy:
My Webster's Seventh New Collegiate Dictionary defines anarchy as "a utopian society having no government and made up of individuals who enjoy complete freedom." I doubt that such a society has ever existed or ever will exist, but it would sure be cool.
Scott
Draft Constitution of the Provisional Government of Mars
(Revised 7-5-02: SGB)
Section 1. This Constitution shall become effective when it has been adopted by the Mars Society and when the United Nations declares that Mars shall be governed and settled in accordance with this Constitution.
Section 2. Before the establishment of two permanent human settlements on Mars, this Constitution may be amended or repealed during any annual meeting of the Mars Society. After the establishment of two permanent human settlements on Mars, this Constitution may be amended or repealed in accordance with laws adopted pursuant to this Constitution.
Section 3. Any person may advocate the amendment or repeal of this Constitution. Any number of people may associate for the purpose of advocating the amendment or repeal of this Constitution. Any person may advocate the repeal of this Constitution and the adoption of two or more sets of laws which would divide the Provisional Government of Mars into two or more political entities. Any number of people may associate for the purpose of advocating the repeal of this Constitution and the adoption of two or more sets of laws which would divide the Government into two or more political entities.
Section 4. A statute is a law adopted pursuant to this Constitution. Before the establishment of two permanent human settlements on Mars, statutes may be adopted, amended, or repealed during any annual meeting of the Mars Society. After the establishment of two permanent human settlements on Mars, statutes may be adopted, amended, or repealed in accordance with statutes adopted by a Parliament composed of equal numbers of representatives from each settlement.
Section 5. An ordinance is a law adopted pursuant to a Settlement Charter. The ordinances adopted pursuant to a Settlement Charter shall be subordinate to the Constitution and statutes of the Provisional Government of Mars.
Section 6. The Government may issue Settlement Charters. Twenty or more people may jointly apply for a Settlement Charter. Such application shall be submitted in writing to the Terrestrial Embassy of this Government or to any terrestrial Consulate. Such application shall be accompanied by the payment of an application processing fee of one ounce of gold. Each Settlement Charter shall authorize the applicants to construct a Center Monument on the surface of Mars and to adopt ordinances for the governance of an area ten kilometers in radius, as measured from the Center Monument, and to establish a permanent settlement within that area. A Center Monument may be constructed at any location on the surface of Mars but shall not be constructed within twenty-one kilometers of any other Center Monument and shall not be constructed at any location that will infringe the terms of a lease issued pursuant to Section 8 of this Constitution.
Section 7. The Government may establish and maintain a Terrestrial Embassy and one or more terrestrial Consulates.
Section 8. The Government may establish and maintain a Mars Development Bank. The Bank may lease portions of Mars to people, companies, and states for periods of up to 50 martian years. At least 80 percent of the revenues derived from such leases shall be used to fund the establishment and maintenance of stations and settlements authorized pursuant to Sections 6 and 9 of this Constitution. A lease may prohibit or restrict the establishment of settlements in the leased area. The Bank may also coin money for use on Mars and at the Terrestrial Embassy and Consulates and at stations and settlements established pursuant to Section 9 of this Constitution. This law shall not be construed as prohibiting a settlement from adopting ordinances that provide for the coining of money for use within the settlement. This law shall not be construed as prohibiting a settlement from adopting ordinances that provide for the use of another settlement's money or that provide for the use of a terrestrial nation's money.
Section 9. The Government may construct a Center Monument on the continent of Antarctica and exercise sovereignty over an area ten kilometers in radius, as measured from the Center Monument, and may establish and maintain one or more prototype martian stations and settlements in that area. That Center Monument may be constructed at any location on Antarctica but shall not be constructed at a location that would interfere with the research program of any other state.
Section 10. The flag of this Government shall consist of three vertical stripes. The stripe at the hoist end of the flag shall be red, the central stripe shall be green, and the final stripe shall be blue. The hoist or flag width shall be two-thirds of the fly or flag length and the width of each stripe shall be one-third of the flag length.
Section 11. Weapons shall not be transported to Mars. Parliament may adopt statutes that regulate the manufacture and possession of weapons.
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Draft Resolution of the Mars Society
Resolved, that the Mars Society does hereby adopt the foregoing Constitution of the Provisional Government of Mars.
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Draft Resolution of the General Assembly of the United Nations
Whereas, the Mars Society was founded to promote the exploration and settlement of Mars; and
Whereas, the Mars Society has adopted a Constitution of the Provisional Government of Mars; and
Whereas, that Constitution will facilitate the orderly and peaceful settlement of Mars; now, therefore, be it
Resolved, That the General Assembly of the United Nations does hereby declare that Mars shall be governed and settled in accordance with the Constitution of the Provisional Government of Mars.
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Draft Ordinances for the Voters of Port Zubrin
Whereas, The Mars Society adopted the Constitution of the Provisional Government of Mars on ; and
Whereas, The General Assembly of the United Nations declared on , 20; and
Whereas, That Settlement Charter provides that the people who applied for the Charter may construct a Center Monument on the surface of Mars and may adopt ordinances for the governance of an area ten kilometers in radius, as measured from the Center Monument, and may establish a permanent settlement within that area; now, therefore,
We, the undersigned, do hereby adopt the following ordinances:
Section 1. We shall be collectively known as the Voters of Port Zubrin and theseordinances shall be known as the Ordinances of the Voters of Port Zubrin.
Section 2. These ordinances shall become effective when one of us, or our duly appointed agent, constructs a Center Monument on Mars.
Section 3. The area around our Center Monument, out to a distance of ten kilometers, shall be known as Port Zubrin.
Section 4. These ordinances shall govern our activities on Mars and the activities of all persons in Port Zubrin.
Section 5. We and other people may, subject to the provisions of these ordinances, construct and own homes and businesses in Port Zubrin.
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