The Wild West of the Moon

Our journalist attends the annual meeting of the American Association for the Advancement of Science (AAAS) in Denver, the largest general science meeting in the world.

(Denver) The UN space treaty dates from 1967. It is particularly inadequate to regulate the looming lunar boom, according to a lawyer from a prestigious space law research center who presents a lecture at the AAAS meeting.

“The space industry is opposed to any additional regulations,” explains Michelle Hanlon of the University of Mississippi, who is the founder of For All Moonkind, an NGO for preserving lunar mission sites, in an interview. “The United States regulates satellite launches well. But there are fears that any additional regulations will benefit firms from other countries. »

In 2018, the American firm Swarm launched four telecommunications microsatellites from India after American authorities refused to authorize their launch, for fear that they would be too small to be followed from Earth. Following a fine of nearly 1 million US, Swarm fell into line for its other launches, but the previous one had shown the fragility of the system, according to M^me Hanlon.

The space treaty was first signed by the USSR, the USA and the UK. More than a hundred countries have signed it.

“With the multiple plans for private missions to the Moon, the American and Chinese lunar bases, we are entering a new phase of lunar exploration,” says M^me Hanlon. The treaty negotiators in 1967 could not have foreseen the plans for mining on the Moon and asteroids, for industrial construction in orbit, for space tourism. In theory, international law applies to the exploration and use of space, but this has never been tested legally. »

UNESCO and UNCLOS

What are the other avenues for regulating the private space sector? “The ideal would be a new space treaty. But with current international tensions, this is unlikely to be possible. »

Some mention the application of the law of the sea, codified by the UN Convention on the Law of the Sea (UNCLOS). “But the law of the sea is based on centuries of tradition,” says M.^me Hanlon. The space domain is too recent to have well-established traditions. »

Another possibility is UNESCO. “The UNESCO treaty is recognized by 193 countries and aims to preserve the heritage of humanity. According to some interpretations, an article of the treaty, which makes each state responsible for the activities of its citizens and the damage they cause, could apply to space. »

Faced with these legal uncertainties, space law is in turmoil. “There are four major space law centers in the world, in the Netherlands and at the universities of Mississippi, Nebraska and McGill in Montreal,” says M.^me Hanlon. I myself studied at McGill, which benefits from its proximity to the International Civil Aviation Organization [OACI]. »

Ashes on the Moon

The United States also suffers from a paralysis of space law. ” President [Barack] Obama in 2015 managed to pass a law on space commerce that provides that no one can take possession of an asteroid, but anyone can exploit its resources, says Mr.^me Hanlon. In 2020, NASA awarded contracts to private companies to bring lunar dust back to Earth. It is, in a way, the consecration of laissez-faire, even if it is a first step towards the regulation of space. But since then, there has been no progress, due to partisan dysfunction in Congress. Some want the commercial activities of American companies in space to be regulated by the aviation authorities, the FAA, others by the Commerce Department. »

The recent protests by indigenous communities against the plan of the private Peregrine mission to place human ashes on the Moon clearly illustrate the consequences of this inaction.

“In 1998, the Lunar Prospector mission deposited ashes on the Moon,” says M.^me Hanlon [celles du planétologue Eugene Shoemaker]. Indigenous groups condemned what for them was a desecration of a sacred star. NASA had promised to consult Indigenous people if another project of this type saw the light of day. But no consultation took place before Peregrine because it was a private project, even though the funding came from NASA. » Peregrine failed in January before even reaching the Moon, due to a fuel leak.

Last spring, a NASA consultation on current lunar exploration plans was held in Washington. M^me Hanlon participated, as did the indigenous American firm United First Nations Planetary Defense, which aims to promote indigenous participation in space exploration. “Peregrine was discussed in this consultation. Indigenous groups knew about it. It is still surprising that they waited two weeks before the launch of the mission to make their indignation known. If they really wanted to discuss the ashes on the Moon, it would have been better to talk to NASA about it first rather than alerting the media at the last minute. As always, important legal issues regarding space are being used for short-term political gain on Earth. Meanwhile, space law is not progressing. »

Hydrogen mines?

Forget green hydrogen and blue hydrogen: the future lies in the exploitation of gaseous hydrogen deposits. The first deposit was discovered in Mali in 2012 and its commercial exploitation has just begun. The American Geological Survey will publish a study later this year estimating the planet’s exploitable hydrogen gas deposits at 1,000 billion tonnes, reveals a session of the AAAS meeting. This should make it possible to completely replace hydrogen produced from hydrocarbons, in particular to manufacture fertilizers.

No long COVID in football

NFL football players who had COVID-19 did not fare worse after recovery, according to a study from Drexel University in Philadelphia unveiled at the AAAS meeting. It’s a mystery since long COVID occurs in 10% to 30% of cases in the general population. More than 250 cases of COVID-19 in the NFL over two seasons have been analyzed. Researchers suggest that physical activity protects against long COVID.

The attention of adolescents

Nearly a third of Canadian adolescents sleep less than eight hours a night, according to a 2016 study. They are at risk for attention and planning problems, according to a study by researchers at the North Carolina Academy of Sciences presented at the AAAS meeting. Compared to six hours of sleep, an eight-hour night increases adolescents’ attention span by 17 to 33 percent and their ability to follow a pre-planned plan by 37 percent. However, this lack of sleep does not cause changes in mental or physical health measurement scales. Researchers propose adding a cognitive component to mental health questionnaires for adolescents.