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Who Owns the Land on Mars?

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Nicolas Nelson:

“Who owns the land on Mars? Suppose I go there and [claim the planet by right of conquest or first discovery] and say ‘Hey, I’m selling the whole planet...'"

Sorry, friend, can’t do that.

The Outer Space Treaty of 1967 clearly states that all extraterrestrial real estate “belongs to all mankind” and cannot be claimed as sovereign territory by any nation-state. That kind of sovereign ownership used to be fundamental to any subsequent private ownership claims: the “crown” (or whatever government) had to deed it to you somehow. Nowadays, land ownership can derive from a legal regime, either a nation’s constitution (which inherited “sovereignty” from the old monarchies) or by an international treaty that establishes such a regime … which in this case is exactly what the Outer Space Treaty does.

On the other hand, the OST-1967 does not make private ownership illegal in space or on other planets. Like any good legal regime, the OST-1967 laid a foundation, and later laws passed in nations that are signatories to that treaty have been building upon it. For instance, both Luxembourg and the United States of America have passed laws that clarify property ownership of “space resources,” whether acquired in free-fall (like asteroids, comets, or even the solar flux that photovoltaic panels turn into electricity) or on a planetary surface, or beneath it (like any resources you collect on Mars … or Venus or whatever).

So, as I understand it currently, you can land on Mars and set up your settlement: you own all the stuff you brought with you, but not the land you plopped it onto.

But as your construction bots bulldoze regolith up onto your inflatable dormitory to protect it from radiation, that regolith is now a “resource” that you’ve collected and are using. Now you own that, too.

Your Sabatier-reactors (no radiation, don’t freak out) and your RWGS plant begin sucking in the thin Martian atmosphere and making oxygen, methane, and water out of it. You drill a well down to a geothermally-heated aquifer deep beneath your settlement and use that well to generate electrical power, heat your settlement, do cool science with it (look for microbial life!), and very carefully filter it so you can add it to your water supply: all those “resources” now belong to you.

But you’ve made it complicated now. You have drilled a well and have usage rights to that well… does that give you “water rights” to the giant aquifer you tapped? To some degree? You have built so much stuff on a clearly-delineated area: even though you cannot own it like “real estate,” haven't you established a whole blanket of rights to it just as if you’d homesteaded it or staked a mining claim?

You have a launch and landing pad nearby (not too nearby) with radar telemetry around it: you don’t own the rights to the open air above your launch pad because you own the pad, but you can assert those rights because of the way you use that resource: your future neighbor can’t build a bridge right over your launch pad because it would interfere with your ability to use the improved space resource that belongs to you.

Your rude neighbor could be an idiot and set a fragile inflatable dome next to your launch pad, since you can’t point to a property line and say “behind that, fella”, and since it does not physically interfere with your use of your property. You have the right to go on using your preexisting launch facilities and roast his dome. In that way, it isn't a question of property rights but wisdom versus idiocy.

You can see that once people actually begin “harvesting” and “improving” space resources, property laws will mature pretty quickly. They haven't yet … but the fundamental legal regime is clear: Mars “belongs” to everyone—and therefore, in a practical way, to no one.

This post originally appeared on Quora. Click here to view.

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How Are Royal Babies Named?
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Jack Taylor, Getty Images

After much anticipation, England's royal family has finally received a tiny new addition. The birth of the Duke and Duchess of Cambridge's second son was confirmed by Kensington Palace on April 23, but the name of the royal newborn has yet to be announced. For the heir to the British throne and his wife, choosing a name for their third child—who is already fifth in line to the throne—likely won't be as easy as flipping through a baby name book; it's tradition for royals to select names that honor important figures from British history.

According to ABC WJLA, selecting three or four names is typical when naming a royal baby. Will and Kate followed this unwritten rule when naming their first child, George Alexander Louis, and their second, Charlotte Elizabeth Diana. Each name is an opportunity to pay homage to a different British royal who came before them. Some royal monikers have less savory connotations (Prince Harry's given name, Henry, is reminiscent of a certain wife-beheading monarch), but typically royal babies are named for people who held a significant and honorable spot in the family tree.

Because there's a limited pool of honorable monarchs from which to choose, placing bets on the royal baby name as the due date approaches has become a popular British pastime. One name that keeps cropping up this time around is James; the original King James ruled in the early 17th century, and it has been 330 years since a monarch named James wore the crown.

If the royal family does go with James for the first name of their youngest son, that still leaves at least a couple of slots to be filled. So far, the couple has stuck with three names each for their children, but there doesn't seem to be a limit; Edward VIII, who abdicated the throne to George VI in 1936, shouldered the full name of Edward Albert Christian George Andrew Patrick David.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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Why Does the Queen Have Two Birthdays?
CHRIS JACKSON, AFP/Getty Images
CHRIS JACKSON, AFP/Getty Images

On April 21, Her Majesty Queen Elizabeth II will turn 92 years old. To mark the occasion, there are usually a series of gun salutes around London: a 41 gun salute in Hyde Park, a 21 gun salute in Windsor Great Park, and a 62 gun salute at the Tower of London. For the most part, the monarch celebrates her big day privately. But on June 9, 2018, Her Majesty will parade through London as part of an opulent birthday celebration known as Trooping the Colour.

Queen Elizabeth, like many British monarchs before her, has two birthdays: the actual anniversary of the day she was born, and a separate day that is labeled her "official" birthday (usually the second Saturday in June). Why? Because April 21 is usually too cold for a proper parade.

The tradition started in 1748, with King George II, who had the misfortune of being born in chilly November. Rather than have his subjects risk catching colds, he combined his birthday celebration with the Trooping the Colour.

The parade itself had been part of British culture for almost a century by that time. At first it was strictly a military event, at which regiments displayed their flags—or "colours"—so that soldiers could familiarize themselves. But George was known as a formidable general after having led troops at the Battle of Dettingen in 1743, so the military celebration seemed a fitting occasion onto which to graft his warm-weather birthday. Edward VII, who also had a November birthday, was the first to standardize the June Trooping the Colour and launched a tradition of a monarchical review of the troops that drew crowds of onlookers.

Even now, the date of the "official" birthday varies year to year. For the first seven years of her reign, Elizabeth II held her official birthday on a Thursday but has since switched over to Saturdays. And while the date is tied to the Trooping the Colour in the UK, Commonwealth nations around the world have their own criteria, which generally involve recognizing it as a public holiday.

Australia started recognizing an official birthday back in 1788, and all the provinces (save one) observe the Queen's Birthday on the second Monday in June, with Western Australia holding its celebrations on the last Monday of September or the first Monday of October.

In Canada, the official birthday has been set to align with the actual birth date of Queen Victoria—May 24, 1819—since 1845, and as such they celebrate so-called Victoria Day on May 24 or the Monday before.

In New Zealand, it's the first Monday in June, and in the Falkland Islands the actual day of the Queen's birth is celebrated publicly.

All in all, just another reason it's great to be Queen.

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