UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS Background Guide

LCIMUN 2013 LAKESHORE COLLEGIATE INSTITUTE MODEL UNITED NATIONS 2013 UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS Background Guide

United Nations Office for Outer Space Affairs Table of Contents Extraterrestrial Real Estate Introduction ----------------------------------------------------------------------------------------- 3 Current Extraterrestrial Property Laws ---------------------------------------------------------- 3 History of Claims of Ownership -----------------------------------------------------------------5 Conclusion ---------------------------------------------------------------------------------------6 Questions to Consider --------------------------------------------------------------------------- 7 References --------------------------------------------------------------------------------------- 7 Commercial Space Travel History ------------------------------------------------------------------------------------------- 9 Companies --------------------------------------------------------------------------------------- 9 Private Spaceflight------------------------------------------------------------------------------- 10 Space Jurisdiction -------------------------------------------------------------------------------11 Questions to Consider -------------------------------------------------------------------------- 11 References -------------------------------------------------------------------------------------- 11 1

Space Militarization Introduction ------------------------------------------------------------------------------------ 13 History ------------------------------------------------------------------------------------------ 14 Country Profiles -------------------------------------------------------------------------------- 16 Questions to Consider -------------------------------------------------------------------------- 18 References --------------------------------------------------------------------------------------- 18 2

Extraterrestrial Real Estate Introduction Extraterrestrial real estate is the buying and selling of lands on other planets or natural satellites, or parts of space through organizations or by individuals. Purchasing or selling land outside of earth is not legally recognized in any law or treaty, making it unofficial. However, some individuals and organizations have claimed ownership of celestial bodies such as the moon and are selling properties on them through certificates of ownership termed lunar deeds which have no legal standing. Acknowledging the need for laws and regulations, space agencies and other nations have expressed concerns toward property rights in space. Outer space is composed of much empty space, where no celestial bodies reside. However, this means that many objects could orbit or be stationed in said spaces. The Outer Space Treaty (1967) states outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. Thus, the United Nations prohibits the ownership of empty space. Current Extraterrestrial Property Laws The Outer Space Treaty (1967) The Outer Space Treaty establishes the framework for international space law. It was opened for signature by the United States, the United Kingdom and the Soviet Union in January of 1967 and was made effective later than year in October. As of May 2013, 102 countries are states parties of the treaty, while another 27 have signed the treaty but have not completed ratification. 3

One of the key points of the outer space treaty deals with the ownership of celestial bodies. Article 2 of the treaty states that outer space is not subject to national appropriation by claim of sovereignty by States, by means of use or occupation, or by any other means. (The Outer Space Treaty, 1967) The treaty prohibits any government from claiming a celestial resource such as the Moon or a planet, claiming, they are the province of all mankind. (Outer Space Treaty, 1967) It must be noted that this treaty forbids states from claiming ownership but not private individuals. So, technically, it does not say that a person cannot own a celestial body. The Outer Space Treaty permits states to withdraw from its terms with one year s notification. This treaty is currently in effect. The Moon Treaty (1979) This treaty is the follow up to the Outer Space Treaty. It was finalized in 1979 and adopted by the General Assembly in 1979. However, it entered into force in July 1984 due to lack of countries ratifying it. The Moon Treaty turns jurisdiction of all celestial bodies (including orbits around such bodies) over to the international community. Thus, all activities must obey international law. The Moon Treaty bans any state from claiming sovereignty over any territory of celestial bodies and bans ownership of any extraterrestrial property by any organization or person. (The Moon Treaty, 1979) It also states that the moon and its natural resources are the common heritage of mankind and that an international regime should be established to govern the exploitation of such resources when such exploitation is about to become feasible. (The Moon Treaty, 1979) The Moon treaty, being a follow up to the outer space treaty has included articles that deal directly with the ownership of celestial bodies by persons that the earlier treaty had failed to do. However, it is a failed treaty in practice, because it has not been approved by any nations that engage in self-manned space exploration or has any plan to do so. Nations such as the 4

United States, Russian Federation, and People s Republic of China and Japan have not ratified it. History of Claims of Ownership The Moon In the past, many people have claimed ownership of the moon. Although there have been many claims, the most notable one is by Dennis M. Hope. Dennis M. Hope from the US has been selling lots on the moon for $19.99 with a lunar tax of $1.51 plus $10 for shipping and handling since 1980. He provides his customers with lunar deeds. Mr. Hope says that because the Outer Space Treaty does not say a person can t own the celestial objects, he can claim ownership. He has sent a letter to the UN saying to contact him if there is any problem and since they haven t, he believes he owns it. He says he has sold over 600 million acres till date. As of now, many people have claimed ownership of the moon while others have sold pieces of the moon. The legitimacy of these claims are very questionable as no property laws exist on the moon and therefore owning a property on the moon is just not recognized. Colonizing Mars The colonization of Mars means establishing permanent human settlements on Mars. Mars and Earth share many similar characteristics, making it the most suitable for colonization. A private Dutch company called Mars One has said they will establish a permanent human settlement by 2023. 5

More than 165,000 people from 140 countries have applied for a one-way trip to Mars. They paid an application fee, ranging from $5 to $75, depending on the applicant s country. However, the moon treaty bans any ownership of any extraterrestrial property by any organization or person, unless that organization is international and governmental. Space/Asteroid Mining Space/Asteroid mining refers to the act of private companies and space agencies excavating raw materials such as iron, nickel, titanium, gold, platinum etc. from the surface and shaft of asteroids and planets. These materials are found in abundance there. These materials are then prospectively brought back to earth where they are sold for profit. NASA has revealed on August 8, 2013 their plans to launch a spacecraft in 2016 with the clear purpose of space mining. However, the Moon Treaty of 1979 states that, moon and other celestial bodies should be used exclusively for peaceful purposes, that their environments should not be disrupted. Furthermore, it also states that, the moon and its natural resources are common heritage of mankind and that an international regime should be established to govern the exploitation of such resources. (Moon Treaty, 1979). Companies and space agencies are planning space mining trips but the question still remains as to whether they are allowed to exploit and sell those raw materials in the first place and to who do those materials belong to, if anyone? Conclusion The Outer Space Treaty and the Moon Treaty forbid states and individuals from owning any celestial body. However, people have made claims and others have continued to make profit by selling properties on the moon. Recently, there have also been many projects regarding spacemining missions. This brings to attention to the need for extraterrestrial property laws. 6

Questions to Consider 1. Assuming extraterrestrial property ownership is inevitable, Should there be extraterrestrial property laws? If so, who should make them and what kind of laws should exist? 2. Should the UN be taking action against people selling properties on the moon and plans to colonize Mars? 3. Is space mining considered as exploitation of the space? If so, should the UN step in and take action against private companies engaged in space mining? References Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. (n.d.). United Nations Office for Outer Space Affairs. Retrieved August 14, 2013, from http://www.oosa.unvienna.org/oosa/spacelaw/moon.html International Real Estate News. (n.d.). Real Estate Listing - Find a real estate property Outer Space Treaty. (n.d.). United Nations Office for Outer Space Affairs. Retrieved August 14, 2013, from http://www.unoosa.org/oosa/spacelaw/outerspt.html Space Future - Lunar Real Estate: Buyer, Beware!. (n.d.). Space Future. Retrieved August 14, 2013, from http://www.spacefuture.com/archive/lunar_real_estate_buyer_beware.shtml This Man Will Sell You A Patch of Moon for $19.99. (n.d.). Observer.com. Retrieved July 26, 2013, from anywhere in the world. Retrieved August 14, 2013, from http://www.free-realestatelisting.com/internationalnews.php http://betabeat.com/2013/03/man-thinks-he-owns-the-moon-has-been-sellingextraterrestrial-real-estate-since-1980/ "NASA Plans Asteroid Mining Mission - Space News - redorbit." redorbit - Science, Space, Technology, Health News and Information. N.p., n.d. Web. 10 Sept. 2013. 7

080913/>. <http://www.redorbit.com/news/space/1112919986/nasa-plans-asteroid-mining-mission- "William BC Crandall of Space Wealth on asteroid mining." Startups, Entrepreneurs and Innovation - Upstart Business Journal. N.p., n.d. Web. 10 Sept. 2013. <http://upstart.bizjournals.com/entrepreneurs/hot-shots/2013/09/09/william-bc-crandallof-space-wealth.html>. 8

Commercial Space Travel History The idea of Commercial Space Travel has been around for years, and it is finally becoming a reality. Space Commercialization itself began during the space race when the USA and the USSR each tried countering each other with new and better space based technology for about 20 years. It officially began in 1957, when the USSR launched their very first satellite, Sputnik 1 to space, and ended in 1975 with The Apollo-Soyuz test project. Through the space race, the use of commercial and military satellites began. The first commercial satellite was launched in 1962, Telstar-1. It was able to receive and send television, telephone, fax and other data signals across the Atlantic Ocean. Soon after, NASA launched several weather satellites, which benefited public and commercial uses and expanded our knowledge of meteorology through satellite imagery. Now, many countries have several commercial satellites in orbit for television, telephone and weather purposes. The US, with the most satellites in orbit, currently has 204 commercial satellites. NASA also has a page online to view imagery from their weather satellite. With all of these developments, and the accomplishment of landing a man on the moon, many have looked forward to the day when Space Tourism would become a reality. In recent years, many private space flight companies have been reaching towards that goal. Companies Virgin Galactic Richard Branson, founder of the Virgin Group, has opened a new company called Virgin Galactic. Branson plans to launch a Virgin Galactic Spacecraft on which they will allow space tourists, the launches of small satellites and space science missions. The tests for spaceships for the purpose of transporting tourists to space have been occurring since 2009, and Virgin Galactic, until recently, has refused to give a definite timeline of when the first launch will occur. However on May 14th, 2013 Richard Branson announced on Virgin 9

Radio Dubai he would be on Space Ship Two for its first public flight, which is currently scheduled for December 25th, 2013. Virgin Galactic has a page online to book a flight to space. It costs US$250,000 per seat, and promises you will be joining our community of over 600 future astronauts which has become one of the most exclusive clubs in the world. SpaceX Elon Musk founded the Space Exploration Technologies Corporation in 2002, more widely known as SpaceX. In May of 2013, the company was the world s first private organization to send a cargo payload up to the International Space Station. Musk says he has dreamed of humans living on other planets and SpaceX helps him create more opportunities to reach that goal. He s designed some of the most advanced and complicated space rockets, including the Falcon 1, which was the first liquid fuel rocket, and the Dragon spacecraft. The Dragon spacecraft attached itself to the International Space Station and was the first commercial vehicle carrying cargo to do so. The company is currently working hard and expanding its resources and knowledge, with the ultimate goal to enable people to live on other planets. Private Spaceflight The United States currently holds the most private space flight companies, however some other countries have begun in their efforts to grow the private space flight industry. France and the European Union have teamed up to create EADS (European Aeronautics Defence and Space Company) Astrium. It provides civil and military space services. In June of 10

2007 Astrium announced they want to enter the Space Tourism centre, however they have since put the program on hold. Copenhagen Suborbitals is a non-profit aerospace organization that originated in Denmark. Their main goal is also to develop inexpensive forms of sub-orbital human space travel. They also want to create an open source working environment and on fundraising through donations and sponsorships. Space Jurisdiction Space Jurisdiction refers to the ability of different countries to enforce their laws in space. Currently according to the Moon Treaty, any laws in space regarding celestial bodies are to be dealt with in the international community. Currently, space crimes are to be dealt with by the ICC (International Criminal Court) under the jurisdiction of the United Nations. Questions to Consider 1. Who will send aid to a spacecraft with citizens on it in case of an emergency? 2. What happens if there space pirates? How is it handled? 3. In the case of space crimes, will the ICC be held responsible for punishments or should those committing space crimes be sent to their countries? 4. What is the nationality of a child born in space? References "Elon Musk." Elon Musk. 08 Sept. 2013 <http://elonmusk.com/>. "Enjoying EarthSky? Subscribe." EarthSky. 08 Sept. 2013 <http://earthsky.org/space/spacex-dragon-spacecraft-scheduled-for-splashdown-inpacific-today>. "Satellite Navigation." Office of Space Commercialization. 08 Sept. 2013 <http://www.space.commerce.gov/gps/>. 11

"Satellite Navigation." Office of Space Commercialization. 08 Sept. 2013 <http://www.space.commerce.gov/gps/>. "Array." Welcome. 08 Sept. 2013 <http://www.virgingalactic.com/>. "Space Travel for the Masses? Meet Virgin Galactic." Imagine Lifestyles Luxury Blog. 08 Sept. 2013 <http://www.imaginelifestyles.com/luxuryliving/2010/03/space-travelmasses-meet-virgin-galactic>. 12

Space Militarization Introduction When space exploration began in the mid-20th century there was heavy militaristic motivation. Both the United States and the USSR at the time used the opportunity to test ICBM (Intercontinental Ballistic Missiles) and other weaponry. For example, the V-2 rocket, a German design, was a short-range missile that was developed in Nazi Germany, and at the end of WWII, the United States and the USSR both took their designs to create long range missiles, resulting in ICBMs. While long-range missiles are allowed to pass through outer space, nuclear weapons and weapons of mass destruction are prohibited, and it has been mutually agreed for many years that outer space should be used for research and purposes that benefit humankind. Many resolutions have been passed stating that objects sent in and through outer space should be exclusively used peacefully. However, military satellites are permitted due to the argument that peaceful purposes means the non-aggressive handling of peace and security. The Outer Space Treaty The Outer Space Treaty of 1967 states the member states may not place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The Moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. Any military bases and installations, as well as the testing of weapons and military maneuvers on celestial bodies are prohibited. However, military personnel are allowed for scientific research and/or various other peaceful purposes. Any necessary equipment for peaceful space exploration is also permitted. 13

History The Space Race The space race refers to the past competition between the USA and the USSR in space exploration, which is both perceived as an issue of national security, and a matter of profound symbolic importance. One of its first events occurred in 1957 when Russia used their ICBM (see below) to send Sputnik-1, the very first man-made satellite, into space. There were many developments in space in the subsequent 20 years due to the space race, including new satellites and sending people to the moon. An important development during this period was the introduction of spy satellites. Both countries sent spy satellites into orbit to check on what each country s military was working on, which resulted in fear on both sides. Subsequently, the production of anti-satellite weapons commenced, which could blind or destroy spy satellites. The means of destruction varied from laser weapons to nuclear explosions. The Space Race provided advancements in nuclear and space weaponry, both very big threats if the USA and the USSR were to go to war against each other. It ended in 1975 with the Apollo- Soyuz project, where the two countries sent a joint spacecraft into orbit to represent the détente (which translates to relax in French) between the two countries. 14

ICBMs (Intercontinental Ballistic Missiles) The first man-made object to be sent into space was the V-2 rocket made by the Germans during World War Two. At the end of the war, both the United States and USSR used the German resources to begin their own research into space technology. Soon after that the USSR developed the world s first ICBM, the R-7 rocket. The ICBMs were very important at this time period. With ballistic missiles nuclear weapons could be launched into space and onto virtually any surface of the earth within a matter of minutes. When they were developed many tests arose to make them better and to find ways to counter them, resulting in ABM (Anti-Ballistic Missiles). During the 1970s, the production of MIRVs (Multiple Independently Targetable Reentry Vehicle) commenced. These were a type of ICBM that carried several warheads (which could potentially be nuclear) and were capable of hitting several targets. This made it so that if anyone were to counter an ICBM attack with ABMs, they would simply be outnumbered because of the multiple warheads. At this point, both the US and the USSR were equal with the development of their ICBMs, and this was motivated by the concept of MAD (Mutually Assured Destruction). This term was developed to represent the complete destruction if two opposing parties were to use weapons of mass destruction against each other. As the relationship between the countries improved, the Anti-Ballistic Missile Treaty was introduced. It was signed in May of 1972 and was ratified in August of the same year. Military Satellites Military satellites collect information and imagery for military purposes. However, it is hard to clearly distinguish satellites as solely commercial satellites and solely military satellites, as 15

most satellites sometimes perform both tasks. They are currently used for purposes such as communicating with forces globally, tracking any missiles or threats, imagery and intelligence, and for navigation purposes such as guiding soldiers and identifying targets. As of May 31st, 2013, the United States currently has 131 military satellites in orbit, the most of any country. They are followed by Russia and China. Drones Drones, (a.k.a. Unmanned Aerial Vehicles or Remotely Piloted Aerial Systems) are aircrafts used when an expedition seems too dangerous for humans to be on board. They are sometimes operated through the computers installed and sometimes by remote controls from the ground. These aircrafts can stay afloat for 17 hours at a time, providing real-time imagery of what is happening below them. Drones are used in the military to collect surveillance and intelligence, and larger ones are used as spy planes. There are smaller and medium sized drones that can be launched from one country to another, in a case when manned military operations are too risky or not suitable. Country Profiles USA The United States has clearly expressed their wish to move forward in militarizing outer space, creating four military spaces (land, water, air and now space) as the ultimate high ground. While the US believes that the placement of weapons in space could provide extra global security, many also believe this might become another place for geopolitical and economic battles. They ve expressed their interest many times in many ways. In 2000, the US abstained from voting on a resolution for the Prevention of an Outer Space Arms Race. Subsequently in 16

2006, the United States voted against another resolution to prevent an arms race in outer space. Their Department of Defense has previously stated that all research and involvement in outer space is intended to maintain and enhance the national security advantages afforded by the use of outer space. The United States National Space Policy States The United States will preserve its rights, capabilities, and freedom of action in space and deny, if, necessary, adversaries the use of space capabilities hostile to US national interests. China China has been opposed to the militarization of space on all treaties and resolutions; however there is still a threat that they may be one of the United States adversaries in the domination of space. In 2007, China sent an ICBM up into space and destroyed one of its old satellites. This was an aggressive act using space objects - such an act had not been seen since the Cold War. This caused fear and confusion among other countries. Nothing like this had occurred since the 1980s with the USSR and the United States, and China s concealment on the matter had raised suspicion in the global community. India India has also openly opposed the militarization of space. However with India s growing resources and interest in space, they ve made more investments in nuclear and space technologies. Recently the United States and India have agreed to join space organizations to research and experiment with areas like earth observation, satellite navigation, disaster management support, etc. India was eager to partner with the United States as it meant more resources to expand their program. 17

Russia Russia, along with China, has been openly opposed to the militarization of space in recent years. However, the USSR s involvement in the Space Race was still important. They were the first ones to create an ICBM and they created many other military satellites and missiles. Two of their most important military projects - the Polyus Spacecraft and the Fractional Orbital Bombardment System both involved weapons in space that would later attack earth. Israel In the 2000 resolution to Prevent an Outer Space Arms Race, Israel abstained along with the United States and the Federated States of Micronesia. Following that in the 2006 resolution, they abstained again, this time alone. Questions to Consider 1.) Should Military Satellites be regulated in terms of their military vs. peaceful uses? 2.) What are the benefits of militarizing space? What are the dangers of militarizing space? 3.) How can the situation be monitored to discern between what states say they are doing and what they are really doing? References Tulk, Cameron. "OpenCanada.org." Canadian International Council Canadas Hub for International Affairs The Militarization of Space So Far Comments. N.p., 5 Mar. 2013. Web. 29 Aug. 2013. Wikipedia contributors. "Militarisation of space." Wikipedia, The Free Encyclopedia. Wikipedia, The Free Encyclopedia, 9 Aug. 2013. Web. 29 Aug. 2013. 18

Wikipedia contributors. "Space Race." Wikipedia, The Free Encyclopedia. Wikipedia, The Free Encyclopedia, 28 Aug. 2013. Web. 29 Aug. 2013. Wikipedia contributors. "Multiple independently targetable reentry vehicle." Wikipedia, The Free Encyclopedia. Wikipedia, The Free Encyclopedia, 22 Jun. 2013. Web. 29 Aug. 2013. Wikipedia contributors. "Anti-Ballistic Missile Treaty." Wikipedia, The Free Encyclopedia. Wikipedia, The Free Encyclopedia, 15 Jul. 2013. Web. 29 Aug. 2013. Shah, Anup. "Militarization and Weaponization of Outer Space." Global Issues. N.p., 21 Jan. 2007. Web. 29 Aug. 2013. Bridge, Robert. "Global Research." Global Research. N.p., 11 Dec. 2012. Web. 29 Aug. 2013. "U.S.-India Joint Fact Sheet: Cooperation in Space." U.S. Department of State. U.S. Department of State, 24 June 2013. Web. 29 Aug. 2013. "UCS Satellite Database." Union of Concerned Scientists. N.p., 21 June 2013. Web. 04 Sept. 2013. <http://www.ucsusa.org/>. "Drones: What Are They and How Do They Work?" BBC News. BBC, 31 Jan. 2012. Web. 11 Sept. 2013. <http://www.bbc.co.uk/news/world-south-asia-10713898>. 19