The peaks of eternal light: A near-term property issue on the moon
The Outer Space Treaty makes it clear that the Moon is the 'province of all mankind', with the latter ordinarily understood to exclude state or private appropriation of any portion of its surface. However, there are indeterminacies in the Treaty and in space law generally over the issue of...
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Elsevier Sci Ltd
2016
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Online Access: | https://resolver.sub.uni-goettingen.de/purl?gro-2/39021 https://doi.org/10.1016/j.spacepol.2016.05.011 |
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ftsubgoettingen:oai:publications.goettingen-research-online.de:2/39021 2023-07-30T04:06:55+02:00 The peaks of eternal light: A near-term property issue on the moon Elvis, Martin Milligan, Tony Krolikowski, Alanna 2016 https://resolver.sub.uni-goettingen.de/purl?gro-2/39021 https://doi.org/10.1016/j.spacepol.2016.05.011 unknown Elsevier Sci Ltd 1879-338X 0265-9646 https://resolver.sub.uni-goettingen.de/purl?gro-2/39021 doi:10.1016/j.spacepol.2016.05.011 000391898700005 journal_article published yes 2016 ftsubgoettingen https://doi.org/10.1016/j.spacepol.2016.05.011 2023-07-16T22:13:06Z The Outer Space Treaty makes it clear that the Moon is the 'province of all mankind', with the latter ordinarily understood to exclude state or private appropriation of any portion of its surface. However, there are indeterminacies in the Treaty and in space law generally over the issue of appropriation. These indeterminacies might permit a close approximation to a property claim or some manner of 'quasi-property'. The recently revealed highly inhomogeneous distribution of lunar resources changes the context of these issues. We illustrate this altered situation by considering the Peaks of Eternal Light. They occupy about one square kilometer of the lunar surface. We consider a thought experiment in which a Solar telescope is placed on one of the Peaks of Eternal Light at the lunar South pole for scientific research. Its operation would require non-disturbance, and hence that the Peak remain unvisited by others, effectively establishing a claim of protective exclusion and de facto appropriation. Such a telescope would be relatively easy to emplace with today's technology and so poses a near-term property issue on the Moon. While effective appropriation of a Peak might proceed without raising some of the familiar problems associated with commercial development (especially lunar mining), the possibility of such appropriation nonetheless raises some significant issues concerning justice and the safeguarding of scientific practice oh the lunar surface. We consider this issue from scientific, technical, ethical and policy viewpoints. Published by Elsevier Ltd. NSF [1066293]; Social Sciences and Humanities Research Council of Canada Article in Journal/Newspaper South pole Georg-August-Universität Göttingen: GoeScholar Canada South Pole Space Policy 38 30 38 |
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Georg-August-Universität Göttingen: GoeScholar |
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ftsubgoettingen |
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unknown |
description |
The Outer Space Treaty makes it clear that the Moon is the 'province of all mankind', with the latter ordinarily understood to exclude state or private appropriation of any portion of its surface. However, there are indeterminacies in the Treaty and in space law generally over the issue of appropriation. These indeterminacies might permit a close approximation to a property claim or some manner of 'quasi-property'. The recently revealed highly inhomogeneous distribution of lunar resources changes the context of these issues. We illustrate this altered situation by considering the Peaks of Eternal Light. They occupy about one square kilometer of the lunar surface. We consider a thought experiment in which a Solar telescope is placed on one of the Peaks of Eternal Light at the lunar South pole for scientific research. Its operation would require non-disturbance, and hence that the Peak remain unvisited by others, effectively establishing a claim of protective exclusion and de facto appropriation. Such a telescope would be relatively easy to emplace with today's technology and so poses a near-term property issue on the Moon. While effective appropriation of a Peak might proceed without raising some of the familiar problems associated with commercial development (especially lunar mining), the possibility of such appropriation nonetheless raises some significant issues concerning justice and the safeguarding of scientific practice oh the lunar surface. We consider this issue from scientific, technical, ethical and policy viewpoints. Published by Elsevier Ltd. NSF [1066293]; Social Sciences and Humanities Research Council of Canada |
format |
Article in Journal/Newspaper |
author |
Elvis, Martin Milligan, Tony Krolikowski, Alanna |
spellingShingle |
Elvis, Martin Milligan, Tony Krolikowski, Alanna The peaks of eternal light: A near-term property issue on the moon |
author_facet |
Elvis, Martin Milligan, Tony Krolikowski, Alanna |
author_sort |
Elvis, Martin |
title |
The peaks of eternal light: A near-term property issue on the moon |
title_short |
The peaks of eternal light: A near-term property issue on the moon |
title_full |
The peaks of eternal light: A near-term property issue on the moon |
title_fullStr |
The peaks of eternal light: A near-term property issue on the moon |
title_full_unstemmed |
The peaks of eternal light: A near-term property issue on the moon |
title_sort |
peaks of eternal light: a near-term property issue on the moon |
publisher |
Elsevier Sci Ltd |
publishDate |
2016 |
url |
https://resolver.sub.uni-goettingen.de/purl?gro-2/39021 https://doi.org/10.1016/j.spacepol.2016.05.011 |
geographic |
Canada South Pole |
geographic_facet |
Canada South Pole |
genre |
South pole |
genre_facet |
South pole |
op_relation |
1879-338X 0265-9646 https://resolver.sub.uni-goettingen.de/purl?gro-2/39021 doi:10.1016/j.spacepol.2016.05.011 000391898700005 |
op_doi |
https://doi.org/10.1016/j.spacepol.2016.05.011 |
container_title |
Space Policy |
container_volume |
38 |
container_start_page |
30 |
op_container_end_page |
38 |
_version_ |
1772819871836405760 |