John Batchelor “Hotel Mars,” Wednesday, 1-23-13 January 24, 2013
Posted by The Space Show in Uncategorized.Tags: : John Batchelor, asteroid mining, Dr. David Livingston, John Batchelor Hotel Mars, mining law, Outer Space Treaty, space law, space property rights, Wayne White
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John Batchelor “Hotel Mars,” Wednesday, 1-23-13
http://archived.thespaceshow.com/shows/1935-BWB-2013-01-23.mp3
Guests: John Batchelor, Wayne White, Dr. David Livingston: Topics: Space law, space property rights, asteroid mining. You are invited to comment, ask questions, and discuss the Space Show program/guest(s) on the Space Show blog, http://thespaceshow.wordpress.com. Comments, questions, and any discussion must be relevant and applicable to Space Show programming. Written Transcripts of Space Show programs are not permitted without prior written consent from The Space Show (even if for personal use) & are a violation of the Space Show copyright. We do not permit the commercial use of any Space Show program or part thereof, nor do we permit Space Show programs to be edited, placed on YouTube, or other private channels & websites. Space Show programs can be quoted in news articles, papers, academic & research work but must be cited or referenced in the proper citation format. Contact Dr. Livingston for questions about our copyright and trademark policies which we do enforce. This program is archived on The Space Show website, podcasting, and blog sites with permission from John Batchelor. Please visit the John Batchelor Show website for more information about this fine program, www.johnbatchelorshow.com. During our 11 minute plus discussion, Wayne White and I talked with John Batchelor about space property rights and the absence of them, asteroid mining, the Outer Space Treaty, space law, and viewing the coming commercial space activity with asteroid mining as being similar to the 49er days of early California. John asked lots of questions comparing this period to what he sees as the coming future for asteroid mining. Wayne talked about mining law, legal claims through the diplomatic process and more.
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Interesting, but the major fallacy in applying the idea of granting claims in 1849 is that this isn’t the 19th century and in order for a nation such as the United States to grant a claim in the first place would require the United States to have control and jurisdiction over resources in outer space to begin with. Such a requirement could be construed as a claim of sovereignty by the United States, which would violate the Outer Space Treaty.
This isn’t the 19th century gold rush anymore. International relations and law have developed substantially since 1849 and applying that mentality to the 21st century is not going to work for those who view outer space as the Wild West.