Look, but don't touch: US law and the protection of lunar heritage

[Judi Lynn]

Look, but don't touch: US law and the protection of lunar heritage
Nov 29, 2013 by Alice Gorman, The Conversation

With India and China planning lunar surface missions, privately-funded space entrepreneurs competing for the US$40 million Google Lunar X Prize and discussions around lunar mining intensifying, working out what to do with our moon's cultural heritage is becoming urgent.

In an article in the journal Science today, space lawyers Henry Herzfeld and Scott Pace propose a multilateral agreement at the highest international level, initially between the US and Russia, but open to other moon-faring entities such as China, India and the European Space Agency (ESA).

And while there is much to recommend this, I propose we should consider extending the agreement idea further.

The moon has a rich archaeological record created by nearly 40 missions, from 1959 until the present. Most are robotic, but those that really grabbed the public's imagination had human crews.

In 1969, at the site of Tranquility Base, humans set foot on another world for the first time. The Apollo 11 astronaut footprints in the thick lunar dust and the controversial flag are among the most iconic images of the 20th century.

More:
http://phys.org/news/2013-11-dont-law-lunar-heritage.html#jCp

[Laelth]

1. Quite interesting.

Here's the issue:

Another proposal, which emerged in July this year, has raised alarm bells. The Apollo Lunar Legacy Act, which is currently before US Congress, aims to declare a National Park on the moon specifically to ensure the protection of US heritage sites.

Space legal experts have pointed out that this is incompatible with the 1967 Outer Space Treaty (OST), to which the US is a signatory. The Outer Space Treaty forbids territorial claims in outer space, by any means – and this includes indirectly, such as the extension of national jurisdiction to space places, as we see here.

http://phys.org/news/2013-11-dont-law-lunar-heritage.html

We need a new treaty if we want to protect these sites. A new statute passed by the US Congress will not do. Our current treaty obligations prevent us from making any territorial claims in space.

-Laelth

[ConcernedCanuk]

4. No worries - US honors its Treaties, right?

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oh wait . . .



CC

[Laelth]

5. I regret that I must admit that our record is spotty in this regard. n/t

-Laelth

[pipoman]

2. Just imagine the possibilities

for income and jobs when we can begin fracking and strip mining the shit out of that otherwise useless orb, eh?

[PrestonLocke]

3. drill, baby, drill!!! nt

[JimDandy]

6. Fracking requires water.

If they're going to hump the moon for minerals, they'll have to dry hump it.