Posted by
LowDownCentral on Wednesday, January 10, 2007 12:08:01 PM

by Lance Thompson
In early December 2006, the Mars Global Surveyor obtained compelling photographic evidence that the Red Planet concealed liquid water below its arid surface. This tantalizing discovery, hustled quickly off the front pages and cable news crawls by more Earthly matters, alters every priority and plan for interplanetary exploration. It also calls out for repudiation of a forty-year old agreement to prevent nations from claiming territory in space, to compel space-faring nations to share the benefits of extraterrestrial discoveries with all nations, and to prohibit military installations in space.
In 1967, the United States joined the other United Nations members in signing the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, hereinafter referred to as the Outer Space Treaty.
The Outer Space Treaty provided in Article I that, "The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind."
Article II of the treaty provided that "Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. "
Article IV, limiting military installations or personnel in space, except for peaceful purposes, states, "The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies shall be forbidden."
The United States agreed to these, and many more restrictions on the development of extraterrestrial territories, despite the fact that at the time, the number of spacefaring nations totaled exactly two. Now, forty years later, that number has scarcely risen. The European Space Agency launches spacecraft, and communist China has put astronauts into orbit. Still, this treaty compels all spacefaring nations to invest, risk and explore for the benefit of the 98% of the nations on Earth who will never have a space program. These nations include Iran, Syria, North Korea, Cuba, and other nations that actively support a continuing terror war against civilized states.
Regarding Articles I and II, no nation ever explored, settled or derived benefit from a new frontier for the benefit of all nations. The prime motivations of those who settled new frontiers were self-interest, commerce and private speculation. Every nation that established colonies in uncharted areas of the world did so based upon the prospective economic or strategic benefits of those colonies.
Furthermore, successful economic enterprises are not created by governments. This has been proven by such disparate examples as communism’s failures of "central planning" as well as America’s counterproductive wage and price controls. Governments can only provide a fertile ground for private enterprise to grow and prosper. There is risk enough in establishing, building, and overseeing a commercial enterprise in a new world. It is many times more risky to do so in an uncertain political environment. The capital required to inaugurate economic growth comes from investors who must be assured by the laws, authorities, and governments that will regulate their businesses.
The Outer Space Treaty clearly intends the overseeing agency representing all nations to be the United Nations. This organization is too corrupt, unpredictable, and arbitrary to attract venture capital to new worlds under its administration. Investors know that venture capital is safest under an open government that adheres to the rule of law, is able to enforce that law, and provides equal access before the law to all who fall under its jurisdiction. The United States is one of the few governments that can make that claim.
Clearly, no "world government" can give greater confidence to private extraterrestrial investment than that of the United States. Also, to date, no other government has invested the resources to place astronauts on other worlds. Since the successful exploration, settlement and exploitation of extraterrestrial opportunities relies upon private investment, the United States must be able to claim sovereignty, and thus impose law and order, over distinct territories in outer space in order to encourage that investment. Realistically, only the United States can create the environment necessary for extraterrestrial settlement.
Thus, Article IV cannot stand either. In order for the United States to claim, protect, and nurture the exploration and settlement of extraterrestrial territory, it must have the ability to enforce its laws. We have no idea what resources will be available to those who prospect beyond our world, but one thing is certain–the more valuable they are, the more likely some entity will try to seize them by illegitimate means. Until local government is established that can defend its territory, protect its people and resources, and enforce its own laws, the responsibility to preserve law and order will fall to military personnel. Thus, "the establishment of military bases, installations and fortifications," must not only be tolerated, but is, in fact, a necessity.
The discovery of liquid water on Mars is just the first glimpse of the vast resources that await mankind on other worlds. But those who dare to risk their lives and fortunes to obtain those resources will only be encouraged to do so if there is opportunity to enjoy the benefits of their ventures. That opportunity can only be assured by administration of the rule of law by a government with the resources, culture and commitment to regulate commerce, defend lives and property, and prevent illegitimate seizure of territory and resources. The only government that has demonstrated those abilities is that of the United States.
Extraterrestrial exploration involves tremendous risk and the potential for vast rewards. As always, only the most daring, resourceful and visionary among us will reach for the stars. The United States has taken the lead in space exploration since Neil Armstrong and Buzz Alrdrin landed on the moon on 20 July 1969. We should continue to do so, unconstrained by the Outer Space Treaty which discourages, penalizes and handicaps those pioneers upon whom our future rests.
Contact Lance Thompson at: lowdowncentral@earthlink.net