2021 GeheimRat solicited comments from experts at the United Nations (OHCHR, UNCOPUOS, UNOOSA), the ETO Consortium, NASA, ROSCOSMOS, ESA, CNSA, and from the legal field as part of the funded conceptual art work UniBase#no.6173. The subject is the 2020 announcement that Elon Musk had hired SpaceX’s general counsel to draft a constitution for the planet Mars: „I’m actually working on a constitution for Mars. No country can claim sovereignty over heavenly bodies“ (David Anderman, former SpaceX General Counsel, 2020). Comments received were forwarded to the General Counsel, Vice President, COO, and SpaceX CEO Elon Musk, who were also asked for their assessments.
Fundamental to all activities in space, according to the comments received, are the Outer Space Treaty of 1967, the United Nations Charter, and international law. The claim of sovereignty, such as the installation of a constitution, by a single nation or by non-state legal entities (such as the SpaceX company) would consequently be unlawful (see Art. II, VI and VIII Outer Space Treaty).
Incidentally, if one of the contracting states (currently 110) fears interference with the use and exploration of outer space and celestial bodies, it may request consultations on planned undertakings and experiments (Article IX Outer Space Treaty).
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