See below for all the whys, hows and what ifs
- For more detail on this dangerous matter, click HERE.
The main strength of the 53 year old Treaty was against aggressive weaponization and land grabbing … it is still clinging on but is now much weakened on those two key matters. Note also, these days the powerful nations are happy to rip up existing treaties if they don’t suit them: the USA and Russia pulled out of the INF nuclear treaty and already there are related new weapons being developed. The Space Treaty can be dropped by any signatory nation with just one year’s notice. Unfortunately, although previously seen as strong against weapons, it makes no effective provision for space exploitation (commerce, mining etc). Thus it has been seen as “bad for business”… such that space faring nations have resorted to fixing their own laws instead. Meanwhile, the UN shuffles it’s feet and worries… but can’t seem to make things better. COPUOS (Committee for Peaceful Uses of Outer Space) needs to be stung into action with the same sense of urgency and cohesion that it had in 1967 when the OST was born.
In the absence of aggressive aliens, there is no sensible justification for space based weaponry… just a whole lot of risk.
Not only will that cause unrest at COPUOS, it will attract world media attention (from Summer 2021 onwards). During every encounter with fascinated media, Dr Phil Davies (Founder & director) will highlight the plight of the Outer Space Treaty (OST) and the fact that we are all sleepwalking towards a near future of aggressive weaponization in the orbital space, just 350km above our heads. He will stress the urgent need for a limited ‘Top-Up Treaty’ to strengthen and expand the existing OST, such that space commerce is facilitated, aggressive weaponization is barred, and debris is managed/mitigated.
Hopefully all that will jolt the committee (COPUOS) into prompt action on space law. But even if that falls on deaf ears, the full realisation of our claim might just save the day.
If our claim ultimately proves successful, the legal title to land on Mars will be awarded to All Mankind (to be held in trust by a UN committee), with beneficial ownership title going to our co-claimants (or their family descendants if this happens 150 years in future). A space user group will govern the responsible exploitation of land on Mars. Representation on that space-user group is only open to those space-faring nations who have ratified the new @Top-Up Space Treaty.’
The full realisation of our claim will lead to vibrant, responsible space commerce with peace and stability for us all.
- For detailed info on this go to our Legal section.
The claim is entirely legitimate. Our fund raising (for upcoming legal costs) is also legitimate (we are selling Mars Land Claims, not deeds, for less than 1 cent per 2 acres). International law applies to space also (see Article III of OST). On the basis of some high profile national acquisitions of new land during the last 100 years, International Law provides guidance for the likely proof requirement to justify actual possession (= effective occupation) of difficult, distant, barren land. Compared to the requirements to acquire lush, fertile lands (actual human settlement and proven trade), the acquisition of such poor quality land requires a much lower level of actual human involvement… indeed, settlement is not an absolute requirement.
Our persistent use of high power lasers (applied to Mars) does have a very (very) small beneficial effect on planetary conditions (with a view to future terraforming). This, together with extensive administrative/governance plans, gives our claim a fair degree of credibility when held against the requirements in International Law (but this only becomes truly relevant whenever the law evolves to tolerate celestial property rights).
So, we are saying that once space law evolves to tolerate such celestial land ownership, our claim should be first-in-line for consideration (legal expert advice agrees with this). Now, although technically correct, our claim of possession is not particularly strong.
We can enhance the strength by building a massive membership (currently we have 180,000 co-claimants): we are aiming for 5 Million members. We will advise all co-claimants to encourage there family descendants to engage, wherever feasible, with manned missions to Mars. Funds depending, we aim to award bundles of annual scholarships (and bursaries) in ‘Space Studies’ to appropriate applicants within our members families. Thus, we will be enable the ‘production’ of future astronauts and space engineers from within our membership.
As stated in the previous answer, the full realisation of our claim will see the legal title to celestial land going to All Mankind (held by UN in trust) and the beneficial ownership title going to all our co-claimants.
Our application for land registration instructs that the celestial land should be registered as “common land” (that is land with rights for public access and use). Such land already exists under national laws (see UK and US “common land” and “open range”) but not yet in Public International Law.
On registration, the co-claimants immediately become contingent beneficiaries since the Deed-Of-Trust will (as per our existing Declaration of Intent) provide the UN with preferential rights to acquire all beneficial land shares IF it can successfully ratify a new or updated Outer Space Treaty. If such does occur, the UN can acquire all those “contingent beneficiary shares” in the Mars Trust by payment of a nominal fee to each land claimant. This fee started at $1000 in 2017 and will double biennially, such that by 2037 (70th anniversary of OST) it will be $1 million to be paid to each claimant. Thus there is also a financial pressure applied to have the UN complete a treaty update at the earliest opportunity.
This situation, as described, results in all Mars Land falling under UN Trusteeship with the “Deed of Trust” providing for the formation of a nimble, savvy and genuinely pro-business Space-User Group, in order to apply light-touch governance to such issues as resources exploitation and some firm control on space debris management.
Should we manage to generate the registration and allocation of Martian land rights into the Mars Trust but no effective OST update is achieved in the years until 10.10.2038, then the trust will have land allocated to claimants by lottery (as per Deed of Trust).
In this situation, our co-claimants will become owners of “common land.” If the UN has not by then formed an appropriate regulatory regime (to govern appropriate land use and exploitation or resources), then “The Martians” themselves will provide opportunity to space-faring nations to join a governing space-user group … on the condition that they have ratified the vital Top-Up Space Treaty.
- For detailed info on this go to our Legal Section
We have a practicing doctor and ex- senior military officer in the team. We are generally relaxed and sport loving. It took a lively conversation in a Whistler (B.C) ski bar (Jan 2010) to get us interested in all this.
Once we fully appreciated the horrible danger that space weaponization posed (as opposed to super-fun StarWars), we then realized that the Outer Space Treaty was the ONLY thing really stopping nuclear weaponization of space… and it was now being marginalized because it did nothing to facilitate space commerce (mining etc). So it was, and still is, seen as bad for business and we recognized that it’s days were numbered unless the UN could properly update it.
Unfortunately, as expected, the UN paid no heed to our lobbying, petitioning and encouragement. COPUOS continues to slowly progress the concept of fluffy non-binding soft law (and actually, not much of that either). The OST is on the ropes.
Space faring nations can now pretty much shape the space laws to suit their needs. Its exciting, certainly … but with the arrival of weapons it’s going to get very dangerous… SOON (within 10 years).
Two of the strongest articles in the OST, art II (non appropriation) and art VI (non aggression) will progressively decline under the weight of state practice and national legislation. Within 10-20 years we will have “dual use” space equipment, with nuclear components (which can quickly become weaponized), stalking us from above.
Through world media exposure and the propagation of our Mars Land Claim, we aim to instigate cohesive action at the UN (COPUOS) to deliver a vital top-up Space Treaty.
The US Commercial Space Launch Competitiveness Act (2015) has breathed new life into space exploration and will ultimately facilitate an exciting commercial future in space. With much improved investor confidence, we now have major non-gov companies spending billions in the development of new space tech. Such technological advances are almost certain to have hugely beneficial applications on Earth, thus helping all humanity.
Whilst we truly support the US in all of this, we do want US State Dep’t to show responsible world leadership. They have to acknowledge that their new national law does reduce the authority of the OST. They should admit that fact and show leadership in their efforts to update existing International Space Law accordingly.
“Peaceful militarization” of space (which is imminent) will further squeeze the old Treaty. All space faring nations are in on this…
USA should come forward with genuine efforts to liaise with the Russians, Chinese, India and ESA, in order to add further space law to the weakened OST, and therefore maintain that international legal strength against aggressive weaponization in space (esp nukes).
Finally, although we really respect and understand the US fear of UN regulation, we can imagine a more nimble, savvy, pro-business version of the Seabed Authority, which could administer a light touch governance to matters of celestial exploitation.
We should not fear light governance and even some regulation, especially when it comes to the matter of space debris…
We have sent out emails (containing voucher codes for Free Mars Claims) to the national governments and media sources in every single country of the world. Really, we have.
We are giving away hundreds of thousands of recorded Mars Land Claims – to be awarded equitably (and for free) beween all nations.
Obviously we are also fundraising for our expected legal costs, hence the tiny fees for saver and standard claims (less than 1cent for 10 acres claimed).
With buoyant interest in our venture, we find that these small fees are adding up nicely, such that we can now enter the national legal appraisal phase (in order to gain entry to International Court).
So, to the people of every nation, come to us, follow us (Twitter/FB) and JOIN US!
- Thinking about staking a claim and joining THE MARTIANS? … for more info, click HERE.