Doug Bandow reacts to Donald Trump’s executive order that begins to clear the way for private enterprise in space:
Taken by Apollo 8 crewmember Bill Anders on December 24, 1968, at mission time 075:49:07 (16:40 UTC), while in orbit around the Moon, showing the Earth rising above the lunar horizon.
Despite the current chaos caused by the coronavirus, Washington still must consider the future. Which explains the president’s new executive order that would allow private resource development on the moon and asteroids. It clearly rejects the “common heritage of mankind” rhetoric deployed by the United Nations on behalf of the Law of the Sea Treaty, which four decades ago created a special UN body to seize control of seabed resources.
The Future of Space Exploration
The EO issued earlier this month explained that
Successful long-term exploration and scientific discovery of the Moon, Mars, and other celestial bodies will require partnership with commercial entities to recover and use resources, including water and certain minerals, in outer space.
The measure began the process of revising an uncertain legal regime which currently discourages private sector development.
The administration pointed to the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (known as the Moon treaty) and the 1967 Treaty on Principles Governing the Activities of State in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (typically called the Outer Space Treaty). Neither is friendly to entrepreneurs or explorers with a commercial bent.
In response, the president announced that
Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.
Space is a Long-Term Prospect
The document’s main directive is for the Secretary of State, in cooperation with other agencies, to “take all appropriate actions to encourage international support for the public and private recovery and use of resources in outer space.” The secretary is to “negotiate joint statements and bilateral and multilateral arrangements with foreign states regarding safe and sustainable operations for the public and private recovery and use of space resources.”
Obviously, the administration’s attention is directed elsewhere at the moment. However, the potential benefits of turning to space are significant. The value of scientific research is obvious and continues to drive government agencies such as NASA. Launch services and space tourism have caught the interest of private operators. Such activities offer fewer legal and practical difficulties than attempting to establish some sort of long-term presence in the great beyond.
More complex development of space is a longer-term prospect. However, that makes it even more imperative to encourage innovation by creating institutions and incentives that encourage responsible development of what truly is the “final frontier.”
