Towards a Provisional System for Private Property Rights on the Moon that Both Encourages Commerce and Protects the Environment

Paper number

IAC-07-E6.3.13

Author

Mr. Kevin Comer, United States

Year

2007

Abstract

With both advances in technology and increasing demand for limited raw materials on earth, the issue of private property rights on the moon has again assumed prominence. With this new interest in working on the surface of the moon comes increased interest in protecting the environment of the moon.  While it is widely believed that many parts of the Moon Treaty are unworkable, until recently there has been no impetus for a new system, simply because it seemed unnecessary. 
	However, there is widespread support among many governments, particularly developing nations, to keep the present system. The problem, however, is that many space lawyers and businessmen argue that the current system does not provide real legal certainty for space activities, and that there will be no investment until the system does provide this certainty. 
	This paper will argue that the way to ease into a new system is not to totally ignore the Moon Treaty, nor immediately set up a complicated international system like the Treaty suggests, but rather to set up a provisional system that will allow the first few enterprises to work on the moon real legal certainty for their activities. This system will ensure that both the rights of the business and the environment of the moon are protected. While the worry about a few companies taking too many property rights at the beginning, and misusing those property rights to damage the pristine environment of the moon, is legitimate, the reality is that the first efforts on the moon will be very limited, just exploratory in nature, of the very kind specifically allowed in the Moon Treaty. This provisional system will allow the pioneers legal certainty for their activities while preserving the rights of the citizens of the world as the system develops, so that even as the resources of the moon are used to help mankind, the environment of the moon is protected. Most importantly, a provisional system will allow a great deal of freedom for the pioneers while their activities are overseen by the provisional authorities, ensuring that no great damage is done to the Moon's ecosystem.  This way, the space law community can see what problems will arise in this experimental atmosphere, enabling them to perfect, when the activities on the moon become so widespread that a permanent system is needed, a legal framework that both encourages commercial activity and protects the rights of all of the citizens of the earth to the moon, especially the right to have space free from preventable environmental damage.

Abstract document

IAC-07-E6.3.13.pdf

Manuscript document

IAC-07-E6.3.13.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.