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Image courtesy of NASA Archives).
One of the scariest and most unsettling notions for legal studies – and for society at large – is the discovery of a new frontier. Prospectors see opportunity in the wide open spaces, but someone else is sitting in a glass house watching their control of the universe dwindle and slip away. Cue the legislative trumpets! History has shown, though, that not even the collective minds of a select team of brilliant
international superheroes can agree on the best way to own treacherous new waters.
Thus, we arrive at Failed International Treaty #1 (of a proposed series of 297) – the “Moon Treaty.” To affect some historical context, the agreement was considered and amended by a Legal Subcommittee of the
United Nations Office of Outer Space Affairs(I bet that office has a inter-stellar
cafeteria) from 1972-1979. Australia was the fifth country to sign the treaty in 1985, and as of 2008 a whopping 13 countries have signed the treaty. Kudos to Pakistan, Morocco, and Uruguay for stepping the fuck up. In principle, the treaty sounds great – the moon will never be used for anything but peaceful purposes, its resources are the property of all mankind rather than any single nation, disruption of the environment through “extra-environmental” means is prohibited, and sex in 0 G’s is not only allowed, but encouraged. Theoretically, weightless mating produces more
free-willed offspring. Unfortunately for mankind, those principles are unlikely to make it out of the realm of theory and science fiction utopias.
So how did it fail? Well, no countries with a history of space-exploration have signed on. My guess is the United States thinks it owns the moon, just like it owns New England, Texas, and Iraq. Maybe a few of those exploration-savvy resisters are already in violation. Uh-oh! Thus, it is a failed treaty only in the sense that it has no direct relevance, consensus, or enforcement. I’ll let you know, though, that the day I own my own republic is the same day I sign line #14.