[opiniojuris] Julian Ku: The Law of the Moon? The U.S. Plans to Establish Permanent Moon Base

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Posted by Julian Ku:
The Law of the Moon? The U.S. Plans to Establish Permanent Moon Base 
http://www.opiniojuris.org/posts/1165333496.shtml


   The U.S. space agency NASA [1]announced plans yesterday to establish a
   permanent base on the moon by 2020. Other than its enormous cost, this
   seems sufficiently remote in time as to cause little international
   reaction. Unlike the new "island" Duncan noted last week, no nation
   has yet claimed sovereignty over the Moon as a whole under traditional
   principles of international law. On the other hand, because none of
   the space-faring nations (the U.S., Russia, China, or the EU) have
   ratified the Agreement Governing the Activities of States on the Moon
   and Other Celestial Bodies, it is still possible for some country to
   establish sovereignty over the Moon or at least some parts of it. I
   presume the U.S. will do so with respect to its new base. Still, it is
   worth reminding ourselves of the laws that do limit and regulate the
   establishment of such a base.
   From the [2]"Treaty on Principles Governing the Activities of States
   in the Exploration and Use of Outer Space, including the Moon and
   Other Celestial Bodies"
   No Militarization of the Moon (see Article IV, ". . . The Moon and
   other celestial bodies shall be used by all States Parties to the
   Treaty exclusively for peaceful purposes.")
   Open Access to Moon Installations (see Article XII "All stations,
   installations, equipment and space vehicles on the Moon and other
   celestial bodies shall be open to representatives of other States
   Parties to the Treaty on a basis of reciprocity.")
   This is helpful, but it leaves many issues unresolved. If the U.S.
   really establishes such a base (and that's a big if), expect the
   international debate over the legal regime governing the Moon to be
   revive.

References

   Visible links
   1. http://www.nytimes.com/2006/12/05/science/space/05nasa.html?hp&ex=1165381200&en=8eeeaf2e5d0334ce&ei=5094&partner=homepage
   2. http://www.state.gov/t/ac/trt/5181.htm#treaty

   Hidden links:
   3. file://localhost/files/julian-nasamoon512ready.jpg