The Kingdon of Tycho

40 Years of The Outer Space Treaty

In January, 1967 the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies(The Outer Space Treaty) was opened for signature. The Outer Space Treaty forms the basis of all international space law. And while is has stood the test of time (mainly because space activities have not advanced one iota in the past 40 years) and espouses many noble sentiments (as many international treaties do), The Kingdom of Tycho can not subscribe to this treaty, nor consider itself to be constrained by it.
Here is a summary of the main points in the Outer Space Treaty, and my response to those points:

1. the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
   A noble sentiment indeed, but one that I fundamentally disagree with. I believe that the exploration and use of outer space should be carried out for the benefit, and in the interests of, those people who want to go and live in outer space; that is those people who are prepared to go and do the exploring and make use of what they find. Those who want to stay on Earth are free to explore and use what they find there.
2. outer space shall be free for exploration and use by all States;
   From the point of view of the 1960’s cold war mind-set this makes sense. If all one is going to do is send a couple of guys up in a capsule to whiz around in circles for a few days, or weeks, then it makes sense that any country that wants a “space program” should be allowed to develop one.However remove yourself from that 40 year old mind-set and you realise that once celestial bodies become property it is up the owners of that property to decide who explores and what use is made of their property, not any Earth bound government.
3. outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
   I actually support this provision of the Treaty, as long as it is applied solely to earthly states, especially those that have signed the Outer Space Treaty. I do not believe that any country on Earth has the right to make any extraterrestrial claim of ownership or sovereignty. Those of us who go and live off Earth have the right to form our own governments and rule ourselves, free form any interference form Earthly powers.
   If you try to apply this provision to The Kingdom of Tycho you will see that it denies our right to exist. However we do exist and we are not going away, so the international community will have to get used to us.
   This provision, and its denial of our right to exist, could be the cause of conflict between The Kingdom of Tycho and Earthly governments. It could in some interpretations even be considered a declaration of war on The Kingdom of Tycho.
   However as The Kingdom of Tycho is not bound by The Outer Space Treaty we feel we are not in any conflict with any Earthly power over our “national appropriation” of our Sovereign Territory.
4. States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
   A very noble sentiment, but one that, in my opinion, does not far enough. I believe that no state should place nuclear weapons or other weapons of mass destruction anywhere, either in space or on Earth. I believe that all weapons of mass destruction should be destroyed. However I do not believe that this will ever happen. One can not close “Pandora’s Box”, once such weapons have been invented they can not be un-invented.
   The Kingdom of Tycho has no weapons of mass destruction, and has no plans to acquire or develop any such weapons.
5. the Moon and other celestial bodies shall be used exclusively for peaceful purposes;
   Another noble sentiment, but all of human history teaches us that where people go, strife, conflict and wars go as well.
   So while The Kingdom of Tycho is a peace loving country with no disputes or conflicts with any other country, we reserve the right to defend ourselves by all means necessary. And in the belief that the better prepared we are for war, the less likely it is to happen, we will develop our armed forces as we see fit.
6. astronauts shall be regarded as the envoys of mankind;
   A diplomatic clause meant to ensure that if, through accident or mishap, an astronaut from one country were to land in the territory of another they should be treated as visiting ambassadors, rather than being shot as spies.
   Again the mind-set has to change. The Kingdom of Tycho does not consist solely of Astronauts, or astronaut want-to-bes, competing for the nation prestige of cold war superpowers. We have citizens who are real normal people, with normal jobs and families, who want the challenge, and excitement, and satisfaction of making a new life on a new planet.
7. States shall be responsible for national space activities whether carried out by governmental or non-governmental activities;
   This once again reflects the mind-set of the superpowers during the cold war; all space programs are government space programs; and even if it is a private enterprise that owns the space object, its launch and operation is subject to government control. And until the present time this has been pretty much the case with either the rocket launcher or the space object, or both being owned by a government ; and the facilities used to launch objects into outer space are all government owned.
   How this provision can be continued in a era where private firms are preparing to launch privately owned space craft from private space ports is yet to be decided.
8. States shall be liable for damage caused by their space objects; and States shall avoid harmful contamination of space and celestial bodies.
   The first part I can almost agree with. If a State owns a “space object” that causes damage then it is liable for any damage to property. If, on the other hand, an object is owned by a private individual, or corporation, etc., then the owner(s) of the object should be held liable for damages.
   The second part I fundamentally disagree with. The “contamination of space” is the main reason for the existence of The Kingdom of Tycho. At the moment the surface of the moon is virtually untouched by the hand of man, it is in its natural state. We intend to change that. We will build towns and cities, space ports and railroads, factories and mines, and leave our mark on the face of the moon; just as mankind has left its mark on every square inch of the surface of planet Earth.

While the Outer Space Treaty was progressive and forward-looking for its time (when the cold war was at its height) the mind-set of those who negotiated and signed it could not even begin comprehend the concept of an entity such as The Kingdom of Tycho. And as such it is outdated and unenforceable in the modern world.