UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS...

LCIMUN 2013

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MODEL UNITED NATIONS 2013

UNITED NATIONS OFFICE FOR OUTER

SPACE AFFAIRS Background Guide

LCIMUN 2013 | UNOOSA

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United Nations Office for Outer Space Affairs

Table of Contents

Extraterrestrial Real Estate

Introduction ----------------------------------------------------------------------------------------- 3

Current Extraterrestrial Property Laws ---------------------------------------------------------- 3

History of Claims of Ownership -----------------------------------------------------------------5

Conclusion ---------------------------------------------------------------------------------------6

Questions to Consider --------------------------------------------------------------------------- 7

References --------------------------------------------------------------------------------------- 7

Commercial Space Travel

History ------------------------------------------------------------------------------------------- 9

Companies --------------------------------------------------------------------------------------- 9

Private Spaceflight------------------------------------------------------------------------------- 10

Space Jurisdiction -------------------------------------------------------------------------------11

Questions to Consider -------------------------------------------------------------------------- 11

References -------------------------------------------------------------------------------------- 11


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Space Militarization Introduction ------------------------------------------------------------------------------------ 13

History ------------------------------------------------------------------------------------------ 14

Country Profiles -------------------------------------------------------------------------------- 16

Questions to Consider -------------------------------------------------------------------------- 18

References --------------------------------------------------------------------------------------- 18


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Extraterrestrial Real Estate

Introduction

Extraterrestrial real estate is the buying

and selling of lands on other planets or

natural satellites, or parts of space

through organizations or by individuals.

Purchasing or selling land outside of

earth is not legally recognized in any

law or treaty, making it unofficial.

However, some individuals and

organizations have claimed ownership of

celestial bodies such as the moon and are selling “properties” on them through certificates of

ownership termed “lunar deeds” which have no legal standing. Acknowledging the need for

laws and regulations, space agencies and other nations have expressed concerns toward

property rights in space.

Outer space is composed of much empty space, where no celestial bodies reside. However, this

means that many objects could orbit or be stationed in said spaces. The Outer Space Treaty

(1967) states “outer space is not subject to national appropriation by claim of sovereignty, by

means of use or occupation, or by any other means.” Thus, the United Nations prohibits the

ownership of empty space.

Current Extraterrestrial Property Laws

The Outer Space Treaty (1967)

The Outer Space Treaty establishes the framework for international space law. It was opened

for signature by the United States, the United Kingdom and the Soviet Union in January of

1967 and was made effective later than year in October.

As of May 2013, 102 countries are states parties of the treaty, while another 27 have signed the

treaty but have not completed ratification.


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One of the key points of the outer space treaty deals with the ownership of celestial bodies.

Article 2 of the treaty states that “outer space is not subject to national appropriation by claim

of sovereignty by States, by means of use or occupation, or by any other means”. (The Outer

Space Treaty, 1967) The treaty prohibits any government from claiming a celestial resource

such as the Moon or a planet, claiming, they are the “province of all mankind.” (Outer Space

Treaty, 1967)

It must be noted that this treaty forbids “states” from claiming ownership but not private

individuals. So, technically, it does not say that a person cannot own a celestial body.

The Outer Space Treaty permits states to withdraw from its terms with one year’s notification.

This treaty is currently in effect.

The Moon Treaty (1979)

This treaty is the follow up to the Outer Space Treaty. It was finalized in 1979 and adopted by

the General Assembly in 1979. However, it entered into force in July 1984 due to lack of

countries ratifying it.

The Moon Treaty turns jurisdiction of all celestial bodies (including orbits around such bodies)

over to the international community. Thus, all activities must obey international law.

The Moon Treaty “bans any state from claiming sovereignty over any territory of celestial

bodies and bans ownership of any extraterrestrial property by any organization or person.”

(The Moon Treaty, 1979)

It also states that “the moon and its natural resources are the common heritage of mankind and

that an international regime should be established to govern the exploitation of such resources

when such exploitation is about to become feasible.” (The Moon Treaty, 1979)

The Moon treaty, being a follow up to the outer space treaty has included articles that deal

directly with the ownership of celestial bodies by persons that the earlier treaty had failed to

do. However, it is a failed treaty in practice, because it has not been approved by any nations

that engage in self-manned space exploration or has any plan to do so. Nations such as the


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United States, Russian Federation, and People’s Republic of China and Japan have not ratified

it.

History of Claims of Ownership

The Moon

In the past, many people have claimed ownership of the moon. Although there have been many

claims, the most notable one is by Dennis M. Hope.

Dennis M. Hope from the US has been selling lots on the moon for $19.99 with a “lunar tax” of

$1.51 plus $10 for shipping and handling since 1980. He provides his customers with “lunar

deeds”. Mr. Hope says that because the Outer Space Treaty does not say a person can’t own the

celestial objects, he can claim ownership. He has sent a letter to the UN saying to contact him if

there is any problem and since they haven’t, he believes he owns it. He says he has sold over

600 million acres till date.

As of now, many people have claimed ownership of the moon while others have sold pieces of

the moon. The legitimacy of these claims are very questionable as no property laws exist on the

moon and therefore owning a property on the moon is just not recognized.

Colonizing Mars

The colonization of Mars means

establishing permanent human

settlements on Mars. Mars and

Earth share many similar

characteristics, making it the most

suitable for colonization. A private

Dutch company called Mars One

has said they will establish a

permanent human settlement by

2023.


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More than 165,000 people from 140 countries have applied for a one-way trip to Mars. They

paid an application fee, ranging from $5 to $75, depending on the applicant’s country.

However, the moon treaty “bans any ownership of any extraterrestrial property by any

organization or person, unless that organization is international and governmental.”

Space/Asteroid Mining

Space/Asteroid mining refers to the act of private companies and space agencies excavating

raw materials such as iron, nickel, titanium, gold, platinum etc. from the surface and shaft of

asteroids and planets. These materials are found in abundance there. These materials are then

prospectively brought back to earth where they are sold for profit.

NASA has revealed on August 8, 2013 their plans to launch a spacecraft in 2016 with the clear

purpose of space mining.

However, the Moon Treaty of 1979 states that, “moon and other celestial bodies… should be

used exclusively for peaceful purposes, that their environments should not be disrupted.”

Furthermore, it also states that, “the moon and its natural resources are common heritage of

mankind and that an international regime should be established to govern the exploitation of

such resources.” (Moon Treaty, 1979).

Companies and space agencies are planning space mining trips but the question still remains as

to whether they are allowed to exploit and sell those raw materials in the first place and to who

do those materials belong to, if anyone?

Conclusion

The Outer Space Treaty and the Moon Treaty forbid states and individuals from owning any

celestial body. However, people have made claims and others have continued to make profit by

selling properties on the moon. Recently, there have also been many projects regarding space-

mining missions. This brings to attention to the need for extraterrestrial property laws.


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Questions to Consider

1. Assuming extraterrestrial property ownership is inevitable, Should there be

extraterrestrial property laws? If so, who should make them and what kind of laws

should exist?

2. Should the UN be taking action against people selling properties on the moon and plans

to colonize Mars?

3. Is space mining considered as exploitation of the space? If so, should the UN step in

and take action against private companies engaged in space mining?

References

• Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. (n.d.).

United Nations Office for Outer Space Affairs. Retrieved August 14, 2013, from

http://www.oosa.unvienna.org/oosa/SpaceLaw/moon.html

• International Real Estate News. (n.d.). Real Estate Listing - Find a real estate property

anywhere in the world. Retrieved August 14, 2013, from http://www.free-realestate-

listing.com/internationalnews.php

• Outer Space Treaty. (n.d.). United Nations Office for Outer Space Affairs. Retrieved August

14, 2013, from http://www.unoosa.org/oosa/SpaceLaw/outerspt.html

• Space Future - Lunar Real Estate: Buyer, Beware!. (n.d.). Space Future. Retrieved August 14,

2013, from http://www.spacefuture.com/archive/lunar_real_estate_buyer_beware.shtml

• This Man Will Sell You A Patch of Moon for $19.99. (n.d.). Observer.com. Retrieved July 26,

2013, from

http://betabeat.com/2013/03/man-thinks-he-owns-the-moon-has-been-selling-

extraterrestrial-real-estate-since-1980/

• "NASA Plans Asteroid Mining Mission - Space News - redOrbit." redOrbit - Science, Space,

Technology, Health News and Information. N.p., n.d. Web. 10 Sept. 2013.


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<http://www.redorbit.com/news/space/1112919986/nasa-plans-asteroid-mining-mission-

080913/>.

• "William BC Crandall of Space Wealth on asteroid mining." Startups, Entrepreneurs and

Innovation - Upstart Business Journal. N.p., n.d. Web. 10 Sept. 2013.

<http://upstart.bizjournals.com/entrepreneurs/hot-shots/2013/09/09/william-bc-crandall-

of-space-wealth.html>.


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Commercial Space Travel History

The idea of Commercial Space Travel has been around for years, and it is finally becoming a

reality. Space Commercialization itself began during the space race when the USA and the

USSR each tried countering each other with new and better space based technology for about

20 years. It officially began in 1957, when the USSR launched their very first satellite, Sputnik

1 to space, and ended in 1975 with The Apollo-Soyuz test project. Through the space race, the

use of commercial and military satellites began.

The first commercial satellite was launched in 1962, Telstar-1. It was able to receive and send

television, telephone, fax and other data signals across the Atlantic Ocean. Soon after, NASA

launched several weather satellites, which benefited public and commercial uses and expanded

our knowledge of meteorology through satellite imagery. Now, many countries have several

commercial satellites in orbit for television, telephone and weather purposes. The US, with the

most satellites in orbit, currently has 204 commercial satellites. NASA also has a page online to

view imagery from their weather satellite.

With all of these developments, and the accomplishment of landing a man on the moon, many

have looked forward to the day when Space Tourism would become a reality. In recent years,

many private space flight companies have been reaching towards that goal.

Companies Virgin Galactic Richard Branson, founder of the Virgin Group, has opened a new company called Virgin

Galactic. Branson plans to launch a Virgin Galactic Spacecraft on which they will allow space

tourists, the launches of small satellites and space science missions.

The tests for spaceships for the purpose of transporting tourists to space have been occurring

since 2009, and Virgin Galactic, until recently, has refused to give a definite timeline of when

the first launch will occur. However on May 14th, 2013 Richard Branson announced on Virgin


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Radio Dubai he would be on Space Ship Two for its first public flight, which is currently

scheduled for December 25th, 2013.

Virgin Galactic has a page online to book a flight to space. It costs US$250,000 per seat, and

promises “you will be joining our community of over 600 future astronauts which has become

one of the most exclusive clubs in the world.”

SpaceX Elon Musk founded the Space

Exploration Technologies Corporation in

2002, more widely known as SpaceX. In

May of 2013, the company was the

world’s first private organization to send

a cargo payload up to the International

Space Station. Musk says he has “dreamed

of humans living on other planets and

SpaceX helps him create more

opportunities to reach that goal.”

He’s designed some of the most advanced and complicated space rockets, including the Falcon

1, which was the first liquid fuel rocket, and the Dragon spacecraft. The Dragon spacecraft

attached itself to the International Space Station and was the first commercial vehicle carrying

cargo to do so.

The company is currently working hard and expanding its resources and knowledge, with the

ultimate goal to enable people to live on other planets.

Private Spaceflight The United States currently holds the most private space flight companies, however some

other countries have begun in their efforts to grow the private space flight industry.

France and the European Union have teamed up to create EADS (European Aeronautics

Defence and Space Company) Astrium. It provides civil and military space services. In June of


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2007 Astrium announced they want to enter the Space Tourism centre, however they have

since put the program on hold.

Copenhagen Suborbitals is a non-profit aerospace organization that originated in Denmark.

Their main goal is also to develop inexpensive forms of sub-orbital human space travel. They

also want to create an open source working environment and on fundraising through donations

and sponsorships.

Space Jurisdiction Space Jurisdiction refers to the ability of different countries to enforce their laws in space.

Currently according to the Moon Treaty, any laws in space regarding celestial bodies are to be

dealt with in the international community. Currently, space crimes are to be dealt with by the

ICC (International Criminal Court) under the jurisdiction of the United Nations.


1. Who will send aid to a spacecraft with citizens on it in case of an emergency?

2. What happens if there space pirates? How is it handled?

3. In the case of space crimes, will the ICC be held responsible for punishments or

should those committing space crimes be sent to their countries?

4. What is the nationality of a child born in space?

References

"Elon Musk." Elon Musk. 08 Sept. 2013 <http://elonmusk.com/>.

"Enjoying EarthSky? Subscribe." EarthSky. 08 Sept. 2013

<http://earthsky.org/space/spacex-dragon-spacecraft-scheduled-for-splashdown-in-

pacific-today>.

"Satellite Navigation." Office of Space Commercialization. 08 Sept. 2013

<http://www.space.commerce.gov/gps/>.


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"Satellite Navigation." Office of Space Commercialization. 08 Sept. 2013

<http://www.space.commerce.gov/gps/>.

"Array." Welcome. 08 Sept. 2013 <http://www.virgingalactic.com/>.

"Space Travel for the Masses? Meet Virgin Galactic." Imagine Lifestyles Luxury Blog.

08 Sept. 2013 <http://www.imaginelifestyles.com/luxuryliving/2010/03/space-travel-

masses-meet-virgin-galactic>.


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Space Militarization Introduction

When space exploration began in the mid-20th century there was heavy militaristic motivation.

Both the United States and the USSR at the time used the opportunity to test ICBM

(Intercontinental Ballistic Missiles) and other weaponry. For example, the V-2 rocket, a

German design, was a short-range missile that was developed in Nazi Germany, and at the end

of WWII, the United States and the USSR both took their designs to create long range

missiles, resulting in ICBMs.

While long-range missiles are allowed to pass through outer space, nuclear weapons and

weapons of mass destruction are prohibited, and it has been mutually agreed for many years

that outer space should be used for research and purposes that benefit humankind. Many

resolutions have been passed stating that objects sent in and through outer space should be

exclusively used peacefully. However, military satellites are permitted due to the argument that

“peaceful purposes” means the non-aggressive handling of peace and security.

The Outer Space Treaty

The Outer Space Treaty of 1967 states the member states may not “place in orbit around the

Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction,

install such weapons on celestial bodies, or station such weapons in outer space in any other

manner. The Moon and other celestial bodies shall be used by all States Parties to the Treaty

exclusively for peaceful purposes.”

Any military bases and installations, as well as the testing of weapons and military maneuvers

on celestial bodies are prohibited. However, military personnel are allowed for scientific

research and/or various other peaceful purposes. Any necessary equipment for peaceful space

exploration is also permitted.


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History

The Space Race

The space race refers to the past competition between

the USA and the USSR in space exploration, which is

both perceived as an issue of national security, and a

matter of profound symbolic importance. One of its

first events occurred in 1957 when Russia used their

ICBM (see below) to send Sputnik-1, the very first

man-made satellite, into space. There were many

developments in space in the subsequent 20 years due

to the space race, including new satellites and sending

people to the moon.

An important development during this period was the

introduction of spy satellites. Both countries sent spy

satellites into orbit to check on what each country’s

military was working on, which resulted in fear on

both sides. Subsequently, the production of anti-satellite weapons commenced, which could

blind or destroy spy satellites. The means of destruction varied from laser weapons to nuclear

explosions.

The Space Race provided advancements in nuclear and space weaponry, both very big threats if

the USA and the USSR were to go to war against each other. It ended in 1975 with the Apollo-

Soyuz project, where the two countries sent a joint spacecraft into orbit to represent the

“détente” (which translates to “relax” in French) between the two countries.


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ICBMs (Intercontinental Ballistic Missiles)

The first man-made object to be sent into space

was the V-2 rocket made by the Germans during

World War Two. At the end of the war, both the

United States and USSR used the German

resources to begin their own research into space

technology. Soon after that the USSR developed

the world’s first ICBM, the R-7 rocket.

The ICBMs were very important at this time period. With ballistic missiles nuclear weapons

could be launched into space and onto virtually any surface of the earth within a matter of

minutes. When they were developed many tests arose to make them better and to find ways to

counter them, resulting in ABM (Anti-Ballistic Missiles).

During the 1970s, the production of MIRVs (Multiple Independently Targetable Reentry

Vehicle) commenced. These were a type of ICBM that carried several warheads (which could

potentially be nuclear) and were capable of hitting several targets. This made it so that if

anyone were to counter an ICBM attack with ABMs, they would simply be outnumbered

because of the multiple warheads.

At this point, both the US and the USSR were equal with the development of their ICBMs, and

this was motivated by the concept of MAD (Mutually Assured Destruction). This term was

developed to represent the complete destruction if two opposing parties were to use weapons of

mass destruction against each other. As the relationship between the countries improved, the

Anti-Ballistic Missile Treaty was introduced. It was signed in May of 1972 and was ratified in

August of the same year.

Military Satellites

Military satellites collect information and imagery for military purposes. However, it is hard to

clearly distinguish satellites as solely commercial satellites and solely military satellites, as


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most satellites sometimes perform both tasks.

They are currently used for purposes such as communicating with forces globally, tracking any

missiles or threats, imagery and intelligence, and for navigation purposes such as guiding

soldiers and identifying targets.

As of May 31st, 2013, the United States currently has 131 military satellites in orbit, the most

of any country. They are followed by Russia and China.

Drones

Drones, (a.k.a. Unmanned Aerial Vehicles or Remotely Piloted Aerial Systems) are aircrafts

used when an expedition seems too dangerous for humans to be on board. They are sometimes

operated through the computers installed and sometimes by remote controls from the ground.

These aircrafts can stay afloat for 17 hours at a time, providing real-time imagery of what is

happening below them.

Drones are used in the military to collect surveillance and intelligence, and larger ones are used

as spy planes. There are smaller and medium sized drones that can be launched from one

country to another, in a case when manned military operations are too risky or not suitable.

Country Profiles

USA

The United States has clearly expressed their wish to move forward in militarizing outer space,

creating four military spaces (land, water, air and now space) as the “ultimate high ground.”

While the US believes that the placement of weapons in space could provide extra global

security, many also believe this might become another place for geopolitical and economic

battles.

They’ve expressed their interest many times in many ways. In 2000, the US abstained from

voting on a resolution for the “Prevention of an Outer Space Arms Race.” Subsequently in


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2006, the United States voted against another resolution to prevent an arms race in outer

space. Their Department of Defense has previously stated that all research and involvement in

outer space is intended to “maintain and enhance the national security advantages afforded by

the use of outer space.”

The United States’ National Space Policy States “The United States will preserve its rights,

capabilities, and freedom of action in space…and deny, if, necessary, adversaries the use of space

capabilities hostile to US national interests.”

China

China has been opposed to the militarization of space on all treaties and resolutions; however

there is still a threat that they may be one of the United States’ adversaries in the domination of

space.

In 2007, China sent an ICBM up into space and destroyed one of its old satellites. This was an

aggressive act using space objects - such an act had not been seen since the Cold War. This

caused fear and confusion among other countries. Nothing like this had occurred since the

1980s with the USSR and the United States, and China’s concealment on the matter had raised

suspicion in the global community.

India

India has also openly opposed the militarization of space. However with India’s growing

resources and interest in space, they’ve made more investments in nuclear and space

technologies.

Recently the United States and India have agreed to join space organizations to research and

experiment with areas like earth observation, satellite navigation, disaster management

support, etc. India was eager to partner with the United States as it meant more resources to

expand their program.


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Russia

Russia, along with China, has been openly opposed to the militarization of space in recent years.

However, the USSR’s involvement in the Space Race was still important. They were the first

ones to create an ICBM and they created many other military satellites and missiles. Two of

their most important military projects - the Polyus Spacecraft and the Fractional Orbital

Bombardment System – both involved weapons in space that would later attack earth.

Israel

In the 2000 resolution to “Prevent an Outer Space Arms Race,” Israel abstained along with the

United States and the Federated States of Micronesia. Following that in the 2006 resolution,

they abstained again, this time alone.


1.) Should Military Satellites be regulated in terms of their military vs. peaceful uses?

2.) What are the benefits of militarizing space? What are the dangers of militarizing

space?

3.) How can the situation be monitored to discern between what states say they are

doing and what they are really doing?

References

• Tulk, Cameron. "OpenCanada.org." Canadian International Council Canadas Hub for

International Affairs The Militarization of Space So Far Comments. N.p., 5 Mar. 2013.

Web. 29 Aug. 2013.

• Wikipedia contributors. "Militarisation of space." Wikipedia, The Free Encyclopedia.

Wikipedia, The Free Encyclopedia, 9 Aug. 2013. Web. 29 Aug. 2013.


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• Wikipedia contributors. "Space Race." Wikipedia, The Free Encyclopedia. Wikipedia,

The Free Encyclopedia, 28 Aug. 2013. Web. 29 Aug. 2013.

• Wikipedia contributors. "Multiple independently targetable reentry vehicle." Wikipedia,

The Free Encyclopedia. Wikipedia, The Free Encyclopedia, 22 Jun. 2013. Web. 29 Aug.

2013.

• Wikipedia contributors. "Anti-Ballistic Missile Treaty." Wikipedia, The Free

Encyclopedia. Wikipedia, The Free Encyclopedia, 15 Jul. 2013. Web. 29 Aug. 2013.

• Shah, Anup. "Militarization and Weaponization of Outer Space." Global Issues. N.p., 21

Jan. 2007. Web. 29 Aug. 2013.

• Bridge, Robert. "Global Research." Global Research. N.p., 11 Dec. 2012. Web. 29 Aug.

2013.

• "U.S.-India Joint Fact Sheet: Cooperation in Space." U.S. Department of State. U.S.

Department of State, 24 June 2013. Web. 29 Aug. 2013.

• "UCS Satellite Database." Union of Concerned Scientists. N.p., 21 June 2013. Web. 04

Sept. 2013. <http://www.ucsusa.org/>.

• "Drones: What Are They and How Do They Work?" BBC News. BBC, 31 Jan. 2012.

Web. 11 Sept. 2013. <http://www.bbc.co.uk/news/world-south-asia-10713898>.

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