Contrary to the claims of most individuals who comment on property rights in space, an international agreement is not necessary to establish those rights. Neither a treaty nor an international body to oversee space is appropriate. What is needed is a unilateral declaration regarding property rights in space. What is needed is a statement that rejects the existing framework and establishes a new, moral framework.
That declaration can be made by any nation choosing to do so, though it will most likely come from a nation in which efforts are being made to explore space, such as the United States. This declaration should have two key provisions.
The first provision is the identification of the nature of property and the morality of property rights. This must include an explicit rejection of the premises dominating the discussion of property rights in space, as well as a statement identifying the proper framework.
The second provision is a statement that the issuing government will protect and defend the property rights of its citizens. If a foreign nation or any individual physically interferes with a citizen’s freedom to explore or exploit space, the issuing government should act to protect the property rights of its citizens. This is done on Earth, and it should be done in space.
The Commercial Space Launch Competitiveness Act of 2015 was a step towards a unilateral declaration. The act was passed by the United States Congress with bipartisan support. According to Wikipedia, the “law explicitly allows US citizens and industries to ’engage in the commercial exploration and exploitation of space resources.’” Unfortunately, the law says nothing about the moral right of individuals to create values.
Certainly, there will be those who object to a unilateral declaration. So? A rights-respecting government does not concern itself with what others think and approve of. Its concern is the protection of its citizens’ rights, including the freedom to create values.
In this regard, the Declaration of Independence serves as an illuminating example. The Founding Fathers did not seek international approval of their cause. They acted on their own judgment. They clearly articulated their position and the reasons for it. Their bold statement inspired others around the world to seek greater freedom.
The world’s approval is not needed for a government to protect the rights of its citizens. What is needed is certainty in the morality and justice of doing so.
Space does not belong to mankind. It belongs to nobody. Let us recognize this fact and protect the freedom of innovators to venture into the final frontier. It is a matter of justice.
The Property Rights in Space Series
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