The new framework presented here rejects the premises that dominate the discussion of property rights in space. It rejects the premise that the “celestial commons” belongs to all of mankind. The “celestial commons” is unowned. It is a vast resource that is open to every human being to explore and exploit if they are able and willing to take the necessary actions.
This framework rejects the premise the achievers have an obligation to share the values that they create with all of mankind. Morally, the creations of the producers are theirs to use and dispose of as they choose. Producers have earned the values that they create, and justice demands that we recognize that fact.
This framework rejects the premise that the use and exploitation of space should be democratically controlled. Those who can and do have a moral right to act according to their own judgment without requiring the permission or consent of others.
This framework rejects the premise that individuals exist to self-sacrificially serve others. Individuals have a moral right to pursue their own personal happiness. Each individual has the right to choose his values and the means for attaining them, so long as he respects the freedom of others to do the same.
This new framework is founded on the premise that each individual has a moral right to act on his own judgment to create the values that his life requires. It is founded on the premise that each individual rightfully owns the values that he creates. It is founded on the premise that each individual should be free to act by right rather than by permission.
The Moon and other celestial bodies have existed since long before human history. Nobody—not one single human being—has successfully used these resources to create life-sustaining values. To do so would be a remarkable and unprecedented achievement. Those who do so have no obligation to share their creations with anyone.
If we truly want to realize the vast potential offered by space exploration, then we must protect the freedom of the innovators and achievers to create values. We must protect their freedom to act as they think best. We must protect their right to the property that they create, on Earth and in space. To protect property rights, in space and on Earth, we must adopt a new framework.
The Property Rights in Space Series