Author Topic: Artemis Accords  (Read 169055 times)

Offline Frogstar_Robot

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Re: Artemis Accords
« Reply #180 on: 04/05/2021 02:09 pm »
It doesn't take a genius to see that Artemis accords are an attempt to create international norms by unilateral action rather then an international consensus.  The likely outcome will be China launching suit in court the moment someone tries to actually sell lunar material which will tie everything up in court for decades until a real international agreement is reached between all nations, not just a subset of those with a Space program.

There is an obvious logical flaw here, people are trying to have it both ways. If it is true that China want to "mine the moon", and a create a space-based industrial revolution, then they will be in favor of exactly those provisions in Artemis that allow people to own what they mine.

If it is expected that China will object to people selling lunar material, then the idea that there is a new space race to mine resources disappears.

In fact, if the principle that mined resources can be owned is upheld, then that is exactly what has enabled a new space race! Be careful what you wish for. It is blatantly hypocritical to pass laws enabling something, then calling out someone else for doing exactly what you have enabled. If the US did not want to initiate a land grab, they should have though it through a lot more carefully.

I think if Russia and China sign their own accords, one principle they will adopt is that of being able to own mined resources, otherwise spending money on moon bases is a waste of money.
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Offline yg1968

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Re: Artemis Accords
« Reply #181 on: 04/05/2021 03:16 pm »
They were intentionally designed to be unpalatable to Russia and China

No. Russia has criticized them but most of their claims are just rhetoric that is not based on the content of the Artemis Accords. China has not criticized them at all.
« Last Edit: 04/05/2021 03:34 pm by yg1968 »

Offline yg1968

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Re: Artemis Accords
« Reply #182 on: 04/05/2021 03:23 pm »
It doesn't take a genius to see that Artemis accords are an attempt to create international norms by unilateral action rather then an international consensus.  The likely outcome will be China launching suit in court the moment someone tries to actually sell lunar material which will tie everything up in court for decades until a real international agreement is reached between all nations, not just a subset of those with a Space program.

There is an obvious logical flaw here, people are trying to have it both ways. If it is true that China want to "mine the moon", and a create a space-based industrial revolution, then they will be in favor of exactly those provisions in Artemis that allow people to own what they mine.

If it is expected that China will object to people selling lunar material, then the idea that there is a new space race to mine resources disappears.

In fact, if the principle that mined resources can be owned is upheld, then that is exactly what has enabled a new space race! Be careful what you wish for. It is blatantly hypocritical to pass laws enabling something, then calling out someone else for doing exactly what you have enabled. If the US did not want to initiate a land grab, they should have though it through a lot more carefully.

I think if Russia and China sign their own accords, one principle they will adopt is that of being able to own mined resources, otherwise spending money on moon bases is a waste of money.

There is no land grab. In no way do the Artemis Accords suggest that you can own land on a celestial body. The OST is very clear that you cannot and the Artemis Accords do not contradict this. The Artemis Accords only says that you are allowed to extract and use space resources. The ownership of the resources is actually left to domestic law (i.e. the 2015 U.S. Commercial Space Launch Competitiveness Act) or to a future multilateral treaty.
« Last Edit: 04/05/2021 03:30 pm by yg1968 »

Offline Steven Pietrobon

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Re: Artemis Accords
« Reply #183 on: 04/06/2021 06:31 am »
There is no land grab. In no way do the Artemis Accords suggest that you can own land on a celestial body.

That is correct, but the "safety zones" could be interpreted as a land grab.
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Offline Frogstar_Robot

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Re: Artemis Accords
« Reply #184 on: 04/06/2021 10:05 am »
It doesn't take a genius to see that Artemis accords are an attempt to create international norms by unilateral action rather then an international consensus.  The likely outcome will be China launching suit in court the moment someone tries to actually sell lunar material which will tie everything up in court for decades until a real international agreement is reached between all nations, not just a subset of those with a Space program.

There is an obvious logical flaw here, people are trying to have it both ways. If it is true that China want to "mine the moon", and a create a space-based industrial revolution, then they will be in favor of exactly those provisions in Artemis that allow people to own what they mine.

If it is expected that China will object to people selling lunar material, then the idea that there is a new space race to mine resources disappears.

In fact, if the principle that mined resources can be owned is upheld, then that is exactly what has enabled a new space race! Be careful what you wish for. It is blatantly hypocritical to pass laws enabling something, then calling out someone else for doing exactly what you have enabled. If the US did not want to initiate a land grab, they should have though it through a lot more carefully.

I think if Russia and China sign their own accords, one principle they will adopt is that of being able to own mined resources, otherwise spending money on moon bases is a waste of money.

There is no land grab. In no way do the Artemis Accords suggest that you can own land on a celestial body. The OST is very clear that you cannot and the Artemis Accords do not contradict this. The Artemis Accords only says that you are allowed to extract and use space resources. The ownership of the resources is actually left to domestic law (i.e. the 2015 U.S. Commercial Space Launch Competitiveness Act) or to a future multilateral treaty.

When you take away the concept of "land rights", which the OST does, most of our colloquial terms and idioms fall apart. Quite obviously, you can't actually grab space resources in the same way as a "land grab" on Earth, and everyone understands that. The equivalent term under the OST is perhaps "usage grab", because "use of" is the permitting term in the OST.  Less catchy.

NASA has placed contracts to purchase lunar regolith, so clearly they are interpreting the Artemis Accords statement of "extraction and utilization" as including buying and selling, which are the important aspects of owning.
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Offline yg1968

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Re: Artemis Accords
« Reply #185 on: 04/06/2021 11:32 pm »
There is no land grab. In no way do the Artemis Accords suggest that you can own land on a celestial body.

That is correct, but the "safety zones" could be interpreted as a land grab.

Not really. The safety zones are temporary, ending when the operation ceases. They are meant to encourage notification and coordination efforts to avoid harmful interference.

Furthermore, the Artemis signatories "commit to respect the principle of free access to all areas of celestial bodies and all other provisions of the Outer Space Treaty in their use of safety zones."
« Last Edit: 04/06/2021 11:39 pm by yg1968 »

Offline deadman1204

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Re: Artemis Accords
« Reply #186 on: 04/08/2021 01:36 pm »
The trouble is that the safety zones are soo vague they can be exclusion zones. China could put something in atkin crater and claim it needs a 100 mile exclusion zone for safety - basically owning the crater. "Operations" doesn't need to be manned. It would be easy to keep some robot designed for longevity to operate there.

I'm not saying this is whats gonna happen, but the history of exploration speaks against the outer space treaty.

Offline yg1968

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Re: Artemis Accords
« Reply #187 on: 04/09/2021 01:08 pm »
The trouble is that the safety zones are soo vague they can be exclusion zones. China could put something in atkin crater and claim it needs a 100 mile exclusion zone for safety - basically owning the crater. "Operations" doesn't need to be manned. It would be easy to keep some robot designed for longevity to operate there.

I'm not saying this is whats gonna happen, but the history of exploration speaks against the outer space treaty.

Mike Gold was very clear that safety zones are not keep out zones. The only obligation that you have in a safety zone is to notify and coordinate. Plus, in your example, the safety zone isn't reasonable.

Treaties have to be interpreted and performed in good faith, pursuant to articles 26 and 31 of the Vienna Convention. The example that you gave wouldn't be good faith. In any event, the Artemis Accords are not a binding treaty, they are only a political commitment by the signatories.

Quote from: Section 10 of the Artemis Accords
-The size and scope of the safety zone should be determined in a reasonable manner leveraging commonly accepted scientific and engineering principles.

-Safety zones will ultimately be temporary, ending when the relevant operation ceases.

-The Signatories commit to respect reasonable safety zones to avoid harmful interference with operations under these Accords, including by providing prior notification to and coordinating with each other before conducting operations in a safety zone established pursuant to these Accords.

-The Signatories commit to respect the principle of free access to all areas of celestial bodies and all other provisions of the Outer Space Treaty in their use of safety zones.

Artemis Accords:
https://www.nasa.gov/specials/artemis-accords/img/Artemis-Accords-signed-13Oct2020.pdf

Vienna Convention:
https://www.oas.org/legal/english/docs/Vienna%20Convention%20Treaties.htm
« Last Edit: 04/09/2021 01:34 pm by yg1968 »

Offline yg1968

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Re: Artemis Accords
« Reply #188 on: 04/09/2021 06:12 pm »
At 38 minutes of this video (answering my question), Scott Pace explains why France and Germany did not join the Artemis Accords. He didn't seem optimistic that they would be joining in the near future:


Offline yg1968

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Re: Artemis Accords
« Reply #189 on: 04/09/2021 06:23 pm »
Pace said that France felt that they were already over committed with Ariane and Gateway and that they didn't feel that they could fullly commit to it. Germany and Russia felt that it made more sense to go through a U.N. Treaty than through the Artemis Accords. 

He said that he thought that it would be a good idea to include China in the Artemis Accords, even if the U.S. doesn't work directly with them.
« Last Edit: 04/09/2021 06:28 pm by yg1968 »

Offline jstrotha0975

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Re: Artemis Accords
« Reply #190 on: 04/09/2021 08:19 pm »
Germany and Russia are correct, the moon is for everyone.

Offline yg1968

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Re: Artemis Accords
« Reply #191 on: 04/10/2021 02:31 am »
Germany and Russia are correct, the moon is for everyone.

The OST still applies that hasn't changed. The Moon still is for everyone. But Pace also mentioned that a U.N. Treaty takes a lot of time and you may end with something that you don't like, like the Moon Treaty. He felt strongly that the Moon treaty was the wrong way to go with its international regime governing the exploitation of resources.

In any event, the Artemis Accords were signed fairly quickly and they should be good enough for now. A new U.N. space treaty could take decades. 
« Last Edit: 04/13/2021 10:33 pm by yg1968 »

Offline yg1968

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Offline yg1968

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Re: Artemis Accords
« Reply #193 on: 04/13/2021 10:32 pm »
Here is the webinar with Scott Pace and Charlie Bolden on a future multilateral space treaty:

The future of US security in space:



Link to their paper:
https://www.atlanticcouncil.org/content-series/atlantic-council-strategy-paper-series/the-future-of-security-in-space/
« Last Edit: 04/13/2021 10:37 pm by yg1968 »

Offline yg1968

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Re: Artemis Accords
« Reply #194 on: 04/14/2021 05:10 pm »
Another article on the Atlantic Council Report posted above:

Atlantic Council calls for U.S. and allies to lead global efforts on space security
https://spacenews.com/atlantic-council-calls-for-u-s-and-allies-to-lead-global-efforts-on-space-security/

https://twitter.com/SpaceNews_Inc/status/1382340627527036929

Online AnalogMan

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Re: Artemis Accords
« Reply #195 on: 04/14/2021 06:17 pm »
For posterity I've attached a copy of the above report (in case the links get broken in the future).

Offline yg1968

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Re: Artemis Accords
« Reply #196 on: 04/15/2021 03:29 am »
Quote from: Gabriel
Read this article by @RossanaDeplano1 right now! Serious international law scholarship about the #ArtemisAccords.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3822590

https://twitter.com/Monkeybane_DC/status/1382531742762987520

Offline yg1968

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Re: Artemis Accords
« Reply #197 on: 05/18/2021 07:10 pm »
See below in respect of the Artemis Accords:

Quote
South Korea is in last-minute negotiations with the United States to join NASA’s Artemis program, a news outlet here reported May 18, citing government sources.
https://spacenews.com/south-korea-to-join-nasas-artemis-project-reports/

Offline yg1968

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Re: Artemis Accords
« Reply #198 on: 05/19/2021 12:39 am »
Quote from: Brian Berger
The word out of Seoul is that an Artemis agreement is teed up for the S. Korean president's May 21  summit with Joe Biden in Washington.

https://twitter.com/Brian_J_Berger/status/1394674497442226177

Offline VSECOTSPE

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Re: Artemis Accords
« Reply #199 on: 05/19/2021 01:36 am »
Quote from: Brian Berger
The word out of Seoul is that an Artemis agreement is teed up for the S. Korean president's May 21  summit with Joe Biden in Washington.

Good.  Artemis should provide an alternative to China for new Pacific Rim/South Asia players.  Had Japan.  Then Australia.  Now South Korea.  Should try to bring India on board.  (Even Taiwan has a small program.)


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