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Wayne White, Tuesday, 10-21-14 October 22, 2014

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Wayne White, Tuesday, 10-21-14


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Guest:  Wayne White.  Topics:  Space property rights and Wayne’s proposed Space Pioneering Act.  Please direct all comments and questions regarding Space Show programs/guest(s) to the Space Show blog, https://thespaceshow.wordpress.com.  Comments and questions should be relevant to the specific Space Show program. Written Transcripts of Space Show programs are a violation of our copyright and are not permitted without prior written consent, even if for your own use. We do not permit the commercial use of Space Show programs or any part thereof, nor do we permit editing, YouTube clips, or clips placed on other private channels & websites. Space Show programs can be quoted, but the quote must be cited or referenced using the proper citation format. Contact The Space Show for further information. In addition, please remember that your Amazon purchases can help support The Space Show/OGLF. See http://www.onegiantleapfoundation.org/amazon.htm.   For those listening to archives using live365.com and rating the programs, please email me as to why you assign a specific rating to the show. This will help me bring better programming to the audience.

We welcomed Wayne White back to the show to discuss space property rights, the proposed Asteroid Act, and his proposed Space Pioneering Act.  During the first segment of our 1 hour 25 minute discussion, Wayne opened up with the Asteroids Act which was a bipartisan proposal in Congress this past summer (www.spacepolitics.com/wp-content/uploads/2014/07/AsteroidsActHR5063.pdf).  During this segment, Wayne explained why he believes this to be an important ACT and needed in order to have a more broad reaching space property rights law such as what he has been proposing with his Space Pioneering Act.  Listeners and I asked Wayne if he thought the Asteroids Act would pass &be sent to the White House for approval.  He said he thought it would be passed.  He continually pointed out both the bipartisan sponsors of the bill & the fact that it would not cost taxpayers any money.  Our guest fielded listener questions about the international impact & compliance of the Asteroids Act as it would be a U.S. law.  Wayne also explained the role of reciprocity with the Act.  Next, Wayne explained why the Act was necessary for the comprehensive solution to space property rights as proposed in his broad reaching Space Pioneering Act. (SPA).  The SPA is for now only a draft concept which he will start refining once he sees what happens to the Asteroids Act.  We talked about his plans to approach congress and staffers as well as entrepreneurial and commercial space companies, especially those that have an interest in establishing space property rights.  Wayne was asked about dispute resolution for property rights, especially if it involved international parties.  Near the end of this segment, he referenced the Homestead Act, the Law of the Sea Treaty, civil laws versus common law, and the benefits derived from national law and the arbitration process.

In the second segment, Wayne started with a discussion about salvage law and why it was an important part of his SPA.  Here, he talked about the Law of Finds, space debris issues, and both contract salvage and emergency salvage.  Later he talked about the need to establish control zones are a commercial installation much in the way that there is a control zone around the ISS.  He cited examples of problems that helped to make his points.  As we neared the end of our discussion, Wayne introduced us to the need for mining law.  He talked about similarities with the Mining Act of 1872 as his SPA, which includes mining law, has a similar approach to the Mining Act.  Note his concluding comments & the case he makes for property rights, the Asteroids Act, and his Space Pioneering Act.

Please post your comments/questions on TSS blog above.  You can reach Wayne White through me.


1. Michael - October 23, 2014

There is no right to salvage in outer space. A space object launched by a state continues to be the property of the state under Article 8 of the OST. Space objects in outer space are more analogous to federal warships and aircraft in the ocean; there is no right to salvage unless the state owning the vessel expressly abandons it. There is a question of the mechanism to “expressly abandon” a space object, or whether a space object can be expressly abandoned. The OST is silent on this.

2. Wayne White - October 23, 2014

The UN Charter is incorporated in the Outer Space Treaty by reference. Article 73 of the Charter provides a path to self governance. It allow settlers to become a non-self-governing territory of a nation. Said nation is then obligated to assist the settlers in establishing self government. Copies of my published papers are available at https://independent.academia.edu/WhiteWayne
Jacksonian Antislavery and the Politics of Free Soil is available at Amazon.com.

3. DougSpace - October 22, 2014

A concern that I have is that, if anyone on Earth is able to commercially develop any part if the Moon then eventually people from many different backgrounds will be competing for resources at the most valuable locations. Eventually populations will build up around favorable areas and when they become large enough, they will want to organize themselves politically. But since there was no pre-agreed upon borders then minorities within the organizing areas won’t want to be part of the new country. Also, it will seem as though the majority group is trying to gain their own governmental control over areas that were built up around resources. This could lead to conflict which could have been avoided had good boundaries been drawn and a clear pathway towards political independence defined so that everyone understands the process and so no one can claim that anything was forced upon them. This would be very analogous to the Homesteading Act.

So, I would suggest that it be assumed that there will be multiple nations with different laws and political systems that will develop eventually on the Moon. So, rational boundaries should be drawn early on and a clear mechanism towards political independence be established.

Matt - October 23, 2014

That will not happen in next 1000 years ….

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