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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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Big Questions
What Does the Sergeant at Arms Do?
House Sergeant at Arms Paul Irving and Donald Trump arrive for a meeting with the House Republican conference.
House Sergeant at Arms Paul Irving and Donald Trump arrive for a meeting with the House Republican conference.
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In 1981, shortly after Howard Liebengood was elected the 27th Sergeant at Arms of the United States Senate, he realized he had no idea how to address incoming president-elect Ronald Reagan on a visit. “The thought struck me that I didn't know what to call the President-elect,'' Liebengood told The New York Times in November of that year. ''Do you call him 'President-elect,' 'Governor,' or what?” (He went with “Sir.”)

It would not be the first—or last—time someone wondered what, exactly, a Sergeant at Arms (SAA) should be doing. Both the House and the Senate have their own Sergeant at Arms, and their visibility is highest during the State of the Union address. For Donald Trump’s State of the Union on January 30, the 40th Senate SAA, Frank Larkin, will escort the senators to the House Chamber, while the 36th House of Representatives SAA, Paul Irving, will introduce the president (“Mister [or Madam] Speaker, the President of the United States!”). But the job's responsibilities extend far beyond being an emcee.

The Sergeants at Arms are also their respective houses’ chief law enforcement officers. Obliging law enforcement duties means supervising their respective wings of the Capitol and making sure security is tight. The SAA has the authority to find and retrieve errant senators and representatives, to arrest or detain anyone causing disruptions (even for crimes such as bribing representatives), and to control who accesses chambers.

In a sense, they act as the government’s bouncers.

Sergeant at Arms Frank Larkin escorts China's president Xi Jinping
Senat Sergeant at Arms Frank Larkin (L) escorts China's president Xi Jinping during a visit to Capitol Hill.
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This is not a ceremonial task. In 1988, Senate SAA Henry Giugni led a posse of Capitol police to find, arrest, and corral Republicans missing for a Senate vote. One of them, Republican Senator Bob Packwood of Oregon, had to be carried to the Senate floor to break the filibustering over a vote on senatorial campaign finance reform.

While manhandling wayward politicians sounds fun, it’s more likely the SAAs will be spending their time on administrative tasks. As protocol officer, visits to Congress by the president or other dignitaries have to be coordinated and escorts provided; as executive officer, they provide assistance to their houses of Congress, with the Senate SAA assisting Senate offices with computers, furniture, mail processing, and other logistical support. The two SAAs also alternate serving as chairman of the Capitol Police board.

Perhaps a better question than asking what they do is pondering how they have time to do it all.

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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Big Questions
What Makes a Cat's Tail Puff Up When It's Scared?
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Cats wear their emotions on their tails, not their sleeves. They tap their fluffy rear appendages during relaxing naps, thrash them while tense, and hold them stiff and aloft when they’re feeling aggressive, among other behaviors. And in some scary situations (like, say, being surprised by a cucumber), a cat’s tail will actually expand, puffing up to nearly twice its volume as its owner hisses, arches its back, and flattens its ears. What does a super-sized tail signify, and how does it occur naturally without help from hairspray?

Cats with puffed tails are “basically trying to make themselves look as big as possible, and that’s because they detect a threat in the environment," Dr. Mikel Delgado, a certified cat behavior consultant who studied animal behavior and human-pet relationships as a PhD student at the University of California, Berkeley, tells Mental Floss. The “threat” in question can be as major as an approaching dog or as minor as an unexpected noise. Even if a cat isn't technically in any real danger, it's still biologically wired to spring to the offensive at a moment’s notice, as it's "not quite at the top of the food chain,” Delgado says. And a big tail is reflexive feline body language for “I’m big and scary, and you wouldn't want to mess with me,” she adds.

A cat’s tail puffs when muscles in its skin (where the hair base is) contract in response to hormone signals from the stress/fight or flight system, or sympathetic nervous system. Occasionally, the hairs on a cat’s back will also puff up along with the tail. That said, not all cats swell up when a startling situation strikes. “I’ve seen some cats that seem unflappable, and they never get poofed up,” Delgado says. “My cats get puffed up pretty easily.”

In addition to cats, other animals also experience piloerection, as this phenomenon is technically called. For example, “some birds puff up when they're encountering an enemy or a threat,” Delgado says. “I think it is a universal response among animals to try to get themselves out of a [potentially dangerous] situation. Really, the idea is that you don't have to fight because if you fight, you might lose an ear or you might get an injury that could be fatal. For most animals, they’re trying to figure out how to scare another animal off without actually going fisticuffs.” In other words, hiss softly, but carry a big tail.

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