Space Migration and Colonization

Annex: A Draft Mars Convention

Author:¹ O. Ingold

1.1 Preamble

1.1.1 The States Parties in this Convention,

Prompted by the desire to settle, in a spirit of mutual understanding and cooperation, all issues relating to the exploration and settlement by humans of the planet Mars and aware of the historic significance of this Convention as an important contribution to the future of all the people and of Humankind as a whole,

Noting that the developments since the United Nations Outer Space Treaty of 1967 have accentuated the need for a new and generally acceptable Convention on Space Law,

Conscious of the problem of the depletion of natural resources, the overpopulation and pollution on planet Earth,

Recognizing the desirability to establish through this Convention a legal order which will facilitate the peaceful human habitation of the planet Mars, and will promote the equitable and efficient utilization of its resources, the study, the protection and the conservation of their possible living resources,

Bearing in Mind that the achievement of these goals will contribute to the realization of a just and equitable interplanetary economic order which take into account the interest and needs of mankind as a whole,

Believing that the codification of a legal framework for Human activities on Mars achieved in this Convention will contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights,

Desiring by this Convention to facilitate the principle of a permanent human presence in the solar system and on Mars in particular, which implies the modification of Martian environment and the adaptation of the Human Species to the consequently engineered Martian environment,

Reaffirming that it is in the interest of all mankind that Mars shall continue to be used for peaceful purposes and shall not become the scene or object of international discord,

Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international space law,

Have agreed as follows:

1.2 Part One: Use of Terms and Scope

1.2.1 Article 1: Use of Terms

For the purpose of this Convention:

• a. “Area” means Mars ground for the purpose of this Convention.

• b. “Aerosphere” means the solid (lithosphere) and liquid (hydrosphere) portions of Mars (Ares).

• c. “Concession” means the right to use land or other property for a specified purpose or to conduct specified operation in a particular area, granted by a controlling body.

• d. “Genetic engineering” means modifying an organism by manipulating its genetic material

• e. “Martian original form of life” is life resulting from and evolutionary process specific to Mars and without any influence from organisms coming from Earth.

• f. “Resources” means all solid, liquid or gaseous mineral resources in situ on the planet.

• g. “Terraforming” means a process of planetary engineering specifically directed at enhancing the capacity of an extraterrestrial planetary environment to support life.

The ultimate in terraforming would be to create an unconstrained planetary biosphere emulating all the functions of the biosphere of the Earth.

1.2.2 Article 2: Scope

The provisions of this Convention apply to all the activities conducted on planet Mars and in the Solar System in the perspective of the terraforming of Mars. This process shall be developed in parallel with the adaptation of life to this newly engineered planet. It does not entail activities conducted on the planet Earth.

All activities shall be carried out in accordance with International Law in particular the Charter of the United Nations .

1.3 Part Two: Status of Mars

1.3.1 Article 3: Freedom of Mars

The planet Mars is open to all States and other entities. All willing States or organizations shall be entitled the right to participate in this endeavor. Freedom of Mars is exercised under the conditions laid down by this Convention and by other rules of international law. It comprises:

• (a): Freedom of access

• (b): Freedom of movement

• (c): Freedom of over flight

• (d): Freedom of scientific research

• (e): Freedom of use

These freedoms shall be exercised by all Parties with due regard for the interest of other Parties and with due regard for the overall project of Mars terraforming.

1.3.2 Article 4: Scientific Research

Freedom of scientific investigation on Mars and cooperation toward that end shall continue subject to the provision of this present Convention.

In order to promote international cooperation in scientific investigation, the Contracting Parties agree that, to the greatest extent possible and practicable:

1. Information regarding scientific plans for scientific programs on Mars shall be exchanged to permit maximum economy of and efficiency of terraforming operations.

2. Scientific observations and results shall be exchanged and made freely available.

1.3.3 Article 5: Reservation of Mars for Peaceful Purposes

Mars shall be used for peaceful purposes only. There shall be prohibited, inter alia, any measure of military nature.

The present Convention shall not prevent the use of military personnel or equipment for scientific research. However, any nuclear explosion on Mars shall be prohibited.

1.3.4 Article 6: Legal Status of the Area

The Area and its resources are the heritage of mankind and shall be used in the perspective of a permanent Human establishment on Mars.

No acts or activities taking place while the present Convention is in force shall constitute a basis for asserting or supporting appropriation.

No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof.

The exploitation of the resources is possible against the payment of fees to the Authority. The fees shall take the form of a percentage of the benefits whose amount shall be fixed by the Council.

All rights on the Area or in the resources of the Area are vested in mankind on whose behalf the Authority shall act.

1.4 Part Three: Duties and Obligations of States

1.4.1 Article 7: Terraforming Process

With respect to other provisions of this Convention, including the role and prerogatives of the Authority, Parties shall conduct all policies and use all techniques necessary to the Terraforming of the planet Mars. The modification of the Martian environment shall be authorized and recognized as a necessity.

The transformation of the Martian environment must be understood as a whole. It concerns the aerosphere, and the atmosphere of the planet. Introduction of Earth-type life on the planet shall not be considered as a harmful contamination .

The Parties shall accept a priori control of their long-term projects by the Authority.

1.4.2 Article 8: Adaptation of Life

To establish a permanent human presence on Mars, Parties are free to conduct scientific research in the domain of gene therapy and genetic engineering.

Research on how to enhance human adaptability to the living conditions on Mars shall be authorized under the control of the Authority.

Genetic modification of living organisms shall be encouraged to accelerate the transformation of Mars environment during the terraforming process.

1.4.3 Article 9: Measures for Conservation of the Living Resources of Mars

Necessary measures shall be taken by all Parties in accordance with this Convention with respect to activities in the Area to ensure effective protection of any Martian original form of life from harmful effects, which may arise from such activities.

These measures shall be taken under the control of the overall Martian Authority and shall not compromise the terraforming process.

If any form of original Martian life should be discovered, international environmental law shall be applied.

1.4.4 Article 10: Rights of the People on Mars

The people living on Mars shall benefit from all Human Rights recognized by international law.

Intellectual property rights of inventions made on Mars shall also be respected. Each discovery shall be registered under the national law of the person discovering it.

1.4.5 Article 11: Jurisdiction

Every State shall effectively exercise its jurisdiction and control in administrative, technical or legal matters over their nationals including personnel, materials or installations.

1.4.6 Article 12: Rescue Duty

Parties shall adopt all practicable measures to safeguard the life and health of persons on Mars. For this purpose they shall offer shelter in their installations and other facilities to persons in distress on the planet.

1.4.7 Article 13: Responsibility and Liability

States parties shall bear responsibility to ensure that national activities conducted in the area shall be carried out in conformity with this Convention.

International organizations shall bear responsibility to ensure that the activities conducted by their representatives in the area shall be carried out in conformity with this Convention.

Damages caused by the failure of a State Party or of another entity to carry out its responsibilities under this Convention shall entail liability. The Outer Space Treaty of 1967 and the Liability Convention of 1972 shall govern any other damages .

1.5 Part Four: The Authority

1.5.1 Article 14: Establishment of the Authority

The Parties shall put in place an international body (called the Authority). The activities conducted on Mars shall be organized and controlled by the Authority on behalf of mankind. All States Parties are ipso-facto members of the Authority.

The Authority is composed of two organs:

1. The Assembly meets every 2 years during the Conference. The Assembly has the power to modify the present Convention and to give recommendations to the Council. Extraordinary Conferences can take place according to the request of all members. States are members of full right and other organizations participate to the Assembly with the status of Observer.

2. The Council is the executive organ of the Authority and ensures the application of the Convention. It is composed of fifteen members of full right of the Assembly. Ten permanent seats are given to the most contributing States and the Assembly shall elect five other members for a period of 6 years by way of majority secret ballot. The Council also acts as the arbitrator in case of unsolvable conflict between two Parties and shall propose to the Assembly to sanction Parties refusing to comply with the Convention dispositions.

3. The Council shall consult the Advisory Board whose 5 members represent the interests of private entities participating to the terraforming project.

1.5.2 Article 15: Role of the Authority

The sole purpose of the Authority is to support and help States and other organizations to coordinate their efforts in the perspective of the colonization of the planet Mars.

The Authority shall exert its overall control over the different techniques and activities used for the terraforming of the planet.

In order to ensure the observance of the Convention, all areas of Mars, including all stations, installations and equipment within those areas, shall be open at all times to inspection by observers designated by the authority.

The Authority shall take measures in accordance with this convention to acquire technology and scientific knowledge relating to terraforming activities or to bioengineering activities.

To encourage activity, the Authority shall have the power to attribute concessions to any State, International Organization or Private Person to conduct any activities necessary to the establishment of a permanent human colony using terraforming techniques and assisted life adaptation.

The terms of the concession agreement shall be established on a case-by-case basis. The agreement shall include a termination clause and shall respect the provisions of this Convention, noting that a concession shall not last more than 100 years.

1.5.3 Article 16: Financial Principles

The Authority shall be financed by the contributions of the State Parties to the Convention. The amount of the contribution shall be determined between the parties on the basis of each State’s growth domestic product.

Each Party contributing to the Budget requirements of the Authority shall receive capital repayment and compensation for use of this capital.

1.6 Part Five: Final Provisions

1.6.1 Article 17: Settlement of Disputes

The States, concerned in any case of dispute with regard to activities conducted on Mars, have the duty to consult together and under the coordination of the Authority with a view to reaching a mutually acceptable solution. If negotiation shall fail, States shall solve their conflict by arbitration with the Authority Council acting as arbitrator.

1.6.2 Article 18: Modification of the Convention

The present Convention may be modified or amended at any time by unanimous agreement of the Contracting Parties.

Every 15 years from the entry into force of the Convention, the Parties shall undertake a general and systematic overview of the manner in which the international regime of the Area established in this convention has operated in practice. In the light of this review, the Parties shall meet in a Conference and could decide to amend the Convention by a vote at the majority of two thirds.

1.6.3 Article 19: Opening to Signature, Ratification and Accession to the Convention

The Convention shall be subject to ratification by the signatory States. It shall be open for signature and accession by any State, which is a Member of the United Nations and is willing to participate and invest into the colonization of Mars by the Human Species.

1.6.4 Article 20: Entry into Force

Instruments of ratification shall be deposited with the Secretary General of the United Nations hereby designated as the depository organization.

The Convention shall enter into force one month after deposition by the twentieth State, being recognized that these twenty States shall include at least five States with autonomous access to space.

The Convention is undividable and shall not include exclusion clauses or exemption clauses.

1.6.5 Article 21: Withdrawal

The right to withdraw shall be granted to all parties. In the process, the Authority shall promote the transfer of technology and scientific knowledge amongst the Parties so that the Enterprise may not suffer there from.

Notice of withdrawal from the Convention shall be given to the depository organization. Withdrawal shall take effect one year from the date of receipt of the notification.

1.6.6 Article 22: Deposition

The original of the present Convention, of which Arabic, Chinese, English, French, Russian, and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations, which shall transmit duly certified copies thereof to the Governments of the acceding States.