The law of ownership and control of meteorites

• Published in: Meteoritics & Planetary Science
• Main Author: SCHMITT, Douglas G.
• Format: Article in Journal/Newspaper
• Language: English
• Published: Wiley 2002
• Subjects: Antarc*; Antarctic
• Online Access: http://dx.doi.org/10.1111/j.1945-5100.2002.tb00897.x; https://api.wiley.com/onlinelibrary/tdm/v1/articles/10.1111%2Fj.1945-5100.2002.tb00897.x; https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1945-5100.2002.tb00897.x

Abstract— Increased commerce in meteorites raises questions about their ownership and control. This article reviews the law in several countries, international law, and considers the legal and ethical issues facing curators wanting to bring finds to the research community and not divert them to a black market. A survey was made of scientists involved in meteorite acquisition in over 20 countries to determine how well various systems work. Meteorite ownership law is non‐uniform. English Common Law, from which the law in former British colonies including the United States evolved, provides that meteorites are the landowner's property; buried meteorites might be part of the mineral rights. Find reporting is not mandatory. Most Western European countries, and former colonies, have civil codes providing that meteorites are owned by the landowner. In many countries legislation about archaeological treasures modifies earlier meteorite law. The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property provides for tracking and retrieving from reciprocating states, cultural property including meteorites. The Antarctic Treaty does not deal with samples exported. In July 2001 the Antarctic Treaty Consultative parties adopted a resolution to discourage non‐scientific collection. Curators should exercise caution if acquiring specimens of questionable legal ownership. Governments should be urged to enact laws to (1) discourage non‐scientific collection in pristine areas; (2) encourage collection in populated areas by reasonable incentives to finders, with mandatory find reporting; (3) create efficient export permitting systems allowing exchange of research samples; and (4) retrieve illegally exported meteorites under the UNESCO Cultural Property Convention.