Outer Space: Within Legal Reach
By William Shields, Staff Writer
Mars. It may just seem like a red speck on the night horizon, rising on the start of its arc across the sky. It is, however, not going to remain that red speck for too long. Within the next few decades, humans will be starting new lives on the surface of the fourth planet, attempting to cope with many new issues, from growing crops and obtaining potable water to keeping people healthy, both physically and mentally. It will be one of the demanding scientific challenges within the foreseeable future.
One challenge often overlooked is not, in fact, a scientific one, but a legal challenge. In this new colony, it would be for the best interest to have an assortment of people living there. A wide variety of jobs, ages, intellects, and nationalities allows for a greater response to hardship. But this raises the question of what to do regarding the laws and political organization on the new Martian colony. How should such an international group of colleagues be ruled? Would it follow the Common Law? Civil Law? It will be tough to say either way.
Generally, laws in a new colony have followed the laws governing the mother country. For that reason, much of the U.S., founded by Great Britain, follows the common law, while Louisiana, originally a French colony, follows civil law with aspects of common law. But the only problem with this method on Mars is the diversity of possible colonizers.
To figure out what might determine the rules governing Mars, the rules of outer space in general must be considered. A U.N. group titled The Committee on the Peaceful Use of Outer Space (COPUOS) has become the leader in issues regarding outer space. Within COPUOS, two subcommittees exist: one creates rules regarding scientific and technological inquiries, while the other creates legal agreements.
The Legal Subcommittee has initiated multiple treaties regarding Outer Space. The first one to arise is commonly known as the Outer Space Treaty. Ratified by 103 nations, the Outer Space Treaty laid out rules regarding Outer Space and the general legal issues involved. It states, among other provisions, that no one government can claim control of any celestial object [1]. This provision forbids any one country from claiming Mars as its own. Thus, the first nation to land upon the fourth planet cannot claim sovereignty and impose their legal system. The country, however, shall retain jurisdiction over objects launched into space and landed on celestial body [2]. While a nation may not claim sovereignty over Mars, they retain jurisdiction over any object they landed on Mars. Any errors due to technological issues are the fault of the nation who created that technology. Despite the nation’s legal system applying on the ships on the journey to the planet, no one nation’s legal system can apply on the planet itself.
If no one nation can claim to sovereignty over Mars and install its own laws, why not just use COPUOS or form a new international committee to deal with the Mars Colony?
One possible solution is to allow the Colony to govern itself from the time the colonists are settled. It would be difficult to talk back and forth between Mars and the Earth, taking almost half an hour for a message to go round trip. While it may seem like a small time period in the general practice in law, constantly having to wait thirty minutes for information about even the most minor of law information would become somewhat stressful. A base of law would have to be created while they are here and sent over with them, written with allowance for amendments and alterations. To write these laws, a committee composed of scientists and legal experts would be needed to take into account many scientific and legal eventualities.
But this solution still does not answer whether common law or civil law should be used. This problem would depend on the timing of the legal system. At first, a civil law system may be deemed better. In the civil system, codified statutes are the dominating force. Judges do not interpret the statutes; they merely enforce the statutes. A colony on Mars would need a unique set of statutes for the unique situation, but it would be simpler to follow these statutes without the need for interpretation. Many new statutes would be needed, but these could simply be added for minor subjects by a colonial vote. While only a few colonists may have judicial experience, it would be in the best interest of the colonists to focus during that initial period on the scientific methods of survival rather than the judicial implications of decisions.
Once the colonists have settled, however, choosing a form of law becomes more difficult. As time goes by, changes to law will become more serious. The minor issues, mostly solved by statutes, will not be an issue. Major issues will inevitably arise, which will become too difficult to face by statute. Judicial interpretation may be necessary for the later cases.
For the first Mars Colony, it would be difficult to follow the laws of any one country. With so many different nations represented, serious consideration of the best method of law is needed. One possible solution is to utilize the two main legal systems: using the civil law system at first, with the common law effective once settlement has occurred. Only time can tell what will be truly used, and that time is coming soon.
[1] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies art. II, January 27, 1967, 18 UST 2410, 610 UNTS 205, 6 ILM 386 [hereinafter The Outer Space Treaty]
[2] Id art. VIII.
