Mars Colonization Plan: The Possibility And Scheme For Appropriation On Mars

This In the dawn of space era, State-driven and monopolized the space activities. This was exacerbated by high cost, military interference and the uncertain possibilities of civilian use. Nevertheless, as space technology grew, the enormous benefits created by space activities gradually motivated private companies to spend more capital and to use space for commercial purposes. Recently, two major of private space firms, SpaceX and Mars One reportedly has released their mission to Mars in order to conducted Mars Colonization Plan. On the other hand, the Outer Space Treaty and the rest of Corpus Juris Spatialis clearly prohibits to do appropriation on the Moon and the other Celestial Bodies, including Mars. It will be a new challenge for all legal actors, especially in the sense of the outer space regime, to explore this concept. This study applies normative legal research methodology. This study found: the current Outer Space Treaty particularly related to the non-appropriation principle is not relevant to the development of space technology and activities. Then, in this study the non-appropriation principle will be revisited based on the customary international law mechanism. Second, this study found the suitable scheme of appropriation during Mars Colonization Plan by establishing an Independent entity which authorize and organize the activities and also by implementing several stages in appropriating the Martian areas. Third, this study then proposed legal framework through amending and modernizing the Outer Space Treaty in order to compromise between the non-appropriation principle and the development of space commercialization.


A. Introduction
Today, outer space can be said to be part of our daily lives. Through a focused approach, space has opened exclusively new doors for all forms of commercial, industrial and scientific enterprises, ranging through agriculture, astronomy, communications, environmental protection, fisheries, discovery and conservation of natural resources, medical and pharmaceutical science. 2 Therefore, to govern advance development of spacerelated problems, space law arises to control these developments.
Space law, like other branches of public international law and indeed international law itself, has its roots in the need to lay down a number of more or less simple rules regulating relations between members of an increasingly unified international community, in particular the Community of States. 3 Compared to other public international law branches, space law is a sui generis branch of public international law. The technical advances over the last hundred and forty years have forced the law to respond. 4 More precisely, "law never seeks to control technology, but instead seeks to position order in the light of conflicting human interests arising from that technology". 5 In a short period, space law has been used with respect to the collection of international and national rules and regulations regulating human activities in and off the area of outer space. 6 The purpose of space law is to create a legal framework that enables the achievement of common goals and interests related to the exploration and use of outer space, while at the same time preventing the emergence of tensions and conflicts between subjects in outer space activities. 7 Space law applies not only to activities taking place in outer space, such as remote sensing and weather forecasting carried out by satellite, but it also applies terrestrially, such as responsibility for damage caused by a space object or part of it falling to the ground. 8 However, it may seem odd that international space law does not include a clear definition or limitations of "outer space" until today. The exact meaning of where outer space starts is not protected and governed by all instruments of international space law. Nonetheless, several scientists and diplomats proposed that 9 the lower limit of outer space should be at an altitude of 100 km above sea level. 10 As the "son" of cold war between the United States and the Soviet Union 11 , space law is a very modern field of regulation, but, although it's obvious birthdate might be thought to be the launch of Sputnik I on 15 October 1957, its origins lie much further back. Once Sputnik and its successors had shown access to space to be practicable, serious discussions were initiated regarding the legal status of outer space in the international community, particularly at the United Nations (UN). The successfulness of Sputnik I in The Committee has had responsibility to coordinate the activities of national government in space. Beside of that, the Committee also bear responsibility to develop the principles that applied in the outer space. Since its establishment, the Committee had promulgated several regulations dealing with space activities such as Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 1967, 14 Agreement on the Rescue of Astronauts, the 9 Federation Aéronatique Internationale (FAI) has also accepted the 100 km demarcation. The FAI publishes guidelines and tracks space operations. Nevertheless, the FAI is an NGO and so its opinions on the States are not binding. The Australian Space Law Act also makes allowance for the demarcation of air space and open space at an altitude of 100 kilometers from the sea level. 10 The 100 km margin is based on the Karman line principle. According to this theory, also called the 'aerodynamic lift theory," everything over 100 kilometers is considered to be 'outer space,' since any aircraft would have to fly faster from this altitude than the orbital speed to obtain a sufficient aerodynamic lift to support itself. Specifically, the development of the law is always incorporated within the scope of the law itself. In this regard, the development of space law is influenced by the development of its activities. Initiated by the Outer Space Treaty as the Magna Charta of the Space Constitution, then the Moon Agreement was developed as an additional agreement to regulate the exploration of the Moon and other celestial bodies. Scholars argue that the development of space activities was divided into three phases. This began with the "scientific research phase" which concerned the domination of the two spacefaring nations bloc, the Soviet Union and the United States. This phase saw the establishment of new capabilities and new systems with the aim of demonstrating scientific and technological superiority and, through it, the supremacy of their respective political and economic systems. This phase began in 1957, when the Soviet Union succeeded in launching Sputnik-1 into orbit and ended in 1970, three years after the "Constitution" of Space Activities had been effective.
Subsequently, the second phase of space activities continued from 1970 to 1980. This phase, known as the "Operational phase" in which, the first international organizations were set up with the aim of managing specific satellite applications and responding to commercial considerations. The "Exploiting phase" was the latest phase of space activities. At this stage, there was a radical shift in the objectives from the previous two phases. At this stage, the aim of space activities was focused on economic profits.  UKTS 1974 No. 16 Cmnd. 5068;ATS 1975 No.5;10 ILM 196510 ILM (1971 UKTS 1978 No. 70;Cmnd. 6256;TS 1986 No. 5;14 ILM 43 (1975 Indeed, states no longer played a role as the sole stakeholders in space activities. Rather, non-governmental organizations such as private companies, international organizations, non-governmental organizations and other individuals emerged as the newest subjects in this field. This "exploitation phase" began in the 1980s until today and will continue in the years to come. 20 In other words, this phase known as the space commercialization age.
In general, space commercialization involves the sale of resources, such as satellite communications, remote sensing, the launch of space objects, or even space tourism to ordinary citizens. State, foreign organizations and even private companies carry out these activities. With space activities evolving rapidly, space commercialization, both by states and private companies, has increased by leaps and bounds. 21 In the dawn of space era, state-driven and monopolized space activities. This was exacerbated by high cost, 22 military interference and the uncertain possibilities of civilian use. Nevertheless, as space technology grew, the enormous benefits created by space activities gradually motivated private companies to spend more capital and to use space for purposes such as remote sensing communications, satellite launches and space tourism. It has now become apparent that private commercial operations in space will be more expanded and will play an even more significant role in space undertakings. terraformed to support human existence at some point in time. 24 Regarding the Moon, in which low, barren and devoid of atmosphere is near to the earth. Life at the base of the Moon does not vary from that of the barren desert, with no hope of ever finding water. 25 Two factors especially escalate these serious concerns. First of all, Mars is much more capable of sustaining human life than any other planetary body in the Solar System.
About half the size of the Earth and with roughly the same amount of dry ground, Mars' gravity and temperature are within the range of human tolerance. It is also established that Mars has large deposits of frozen carbon dioxide from which essential oxygen, deuterium and helium-3 fuels can be extracted. 26 Liquid water, which could be used for both oxygen and irrigation in agriculture, is now believed to exist not far below the surface of the earth. 27 The existence of water also increases the possibility for isolated organic life to occur on Mars. These life forms may have genetic material that could be used to treat diseases. 28 Mars' climate, temperature, and air pressure may be designed to support human life through a complicated process called terraforming, rendering the world a possible sanctuary for humans when the Earth become uninhabitable. 29 Mars is the only other planet in the Solar System to have a 24-hour day other than Earth, which may require greenhouses to be used to generate the gasses required for human life. There could be also several valuable ores on Mars that could be used to promote habitation. 30 Second, land claims on Mars would become more important primarily because of their separation from Earth. It is much more likely that Mars will eventually host a permanent, autonomous colony than, for example, the Moon. A much longer travel time frame, however, requires a dedication to secure, autonomous structures and infrastructure. Claims on land, such as mining, agricultural and settlement rights, may last for the entire life of colonizers or beyond. Intense efforts by the world's space agencies and more recently, private companies have taken us ever closer to providing large technological capabilities to transport a limited number of colonizers and equipment to Mars. These capabilities have been addressed in depth in a series of detailed analysis and opinion articles detailing the numerous opportunities and obstacles facing a Mars settlement plan. 31 Scientifically speaking, the colonization of Mars does not pose a contentious problem for the international community. It's seen as the next giant leap in human history.
On the contrary, it will be a new challenge from a legal standpoint, however, especially in the sense of the outer space regime, to explore this concept. The concept of nonappropriation is the most basic concepts that the space law system upholds and stresses. It mentioned under Article II of the Outer Space Treaty which generally explained that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of uses or occupation, or by any other means." It then can be inferred that the Mars colonization idea which proposed by those three space actors is against the outer space treaty. Therefore, in this study, the author would like to revisit the notion of non-appropriation principle to the idea of Mars colonization plan and also proposed several ideas to the future space law models which considering the development of technology but in the other side do not denying the concept of legal certainty and justice.

B. Problem Formulation
In shaping the research analysis, this study focuses on analyzing three problems: First, how to enforce and interpret the appropriation principle during the Mars Colonization Plan? Second, what is the suitable scheme of land acquisition on Mars?

C. Methodology
The Normative legal research applied within in study. It is a process to find a legal rules, legal principles, and doctrines of the law to address the legal issues at hand.

Revisiting Non-Appropriation in the Mars Colonization Plan a. The Original Interpretation of the Non-Appropriation Principle
The root of Outer Space Treaties in the Cold War suggests a specific concept of non-appropriation. 32 In the 1960s countries were afraid if the two principal space farers of the period, the United States (US) and the USSR, gave legal rights to ample space or celestial bodies from which nuclear weapons could be launched. 33 There have also been opportunities to keep space free and open and to collect information via satellite. 34 Therefore, the Outer Space Treaty has been adopted and ratified, to a large extent, in order to avoid the misuse of any appropriation. This is an aim that would have been severely compromised had the signatories not understood at that time that the Treaty was widely applicable.
Private individuals and corporations are not included in the Treaty, perhaps unintentionally, but because the draftsmen have no reason to consider extending the scope of the Treaty to these parties. 35 The Treaty was drawn up on the basis that Ibid.

41
Ibid.   Tronchetti, 2013, Op.Cit, p. 30. or space. Resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States. 57 Whilst the idea that private companies could have access to space would have seemed far-fetched to the drafters of the Outer Space Treaties, the SPACE Act 2015 was the first instance for a government recognizing this trend and recognizing the commercial rights of private companies to space supply by law. Now that the new Section 51 was amended in 2015 has been in place, US companies can be assured that any profits they generate from space mining at least under US jurisdiction are strictly legal. While the United States was the first country to reinterpret the non- The New Legislation is intended to be more transparent, more versatile and more profitable. The aim is also to protect the interests of the UAE by balancing economic and commercial requirements, fostering creativity, safety, security and environmental requirements and promoting investment and private sector participation in the space industry. 63 Many major space powers, including Japan, China, and Australia, are also considering similar potential rules. 64 Senior officials in China's space program have expressly announced the country's aim is to explore outer space and use outer space resources. 65 In expecting a potential "space gold rush," the general international trend clearly points in this direction. 66

iii. Opinio Juris: Legal Scholars
Although at the time of the Outer Space Treaty ratification, most legal scholars continued to follow the concept of non-appropriation originally, nowadays most legal scholars find the use of extracted materials is permissible. 67 Brandon Gruner points out that this new understanding is historically different from previous legal interpretations, noting that modern interpretations of the meaning of the Outer Space Treaty vary from those of the Treaty authors. 68 Other scholars also argued that the use of the space resources collected is allowed by the Treaty, which means that the current SPACE Act is a realistic interpretation of the Outer Space Treaty. 69 Nevertheless, scholars remain cautious to determine the validity of the appropriation. For example, even though Thomas from outer space by private entities, nevertheless they argue that "ownership of and the right to use extraterrestrial resources is distinct from ownership of real property" and that kind of real property claim is against the law. 70 Lawrence Cooper is also careful to point out this distinction: "the Outer Space Treaties recognize sovereignty over property placed into space, property produced in space, and resources removed from their place in space, but ban sovereignty claims by states; international law extends this ban to individuals". 71 On the other hand, Dr. non-appropriation clause have been redefined from its original scope by customary international law norms to include a carve-out enabling the use of space resources after such resources were extracted.

The Suitable Scheme of Appropriation Process to the Mars Colonization Plan
A new system is needed to pave the way for fair and effective uses of outer space. The number of participants will increase as the number of countries ratifying the Treaty increases. This situation would not only allow developed countries to become part of the ISA but would also enable all nations to participate actively through the provision of facilities and investments for space contractors. The countries that supply them will be able to control the ISA by ensuring their membership through investment and practical support for commercial space-centered activities. The ISA will also have a regulatory body and will provide a way to start space commercialization.
The ISA serves a number of purposes. The key role is to regulate the activities of space operators under international law. The ISA maintains a registry of property rights and activities. It will also ensure that industrial practices will not result in overuse of resources and instead enhance the safety of the celestial bodies. Under the International Space Authority (ISA) system, any entity wishing to engage in space business would then be provided with the ISA license to register its application, which would include a provision that would be implemented to ensure compliance with the conditions set out in the ISA regulation. The breach of regulations will trigger the revocation of licenses and enforcing fine to the companies.
The ISA will also be responsible for securing property rights and revenue. There will be an ISA scheme involving the appropriation of space and celestial bodies. If the property in question has been seized and a license has been given that allows for commercial use, the operator will not only be aware of compliance with the license specifications but will be covered ensuring that his property claim is free.
The systems work well throughout the licensing process. It is necessary, however, not to make the licensing system too bureaucratic 74  The protection against monopolies will be another main function of the ISA. The new industrial companies would potentially increase the number of resources owned by the few, as they would be the first to have access to space. The ISA would be able to start investigations and thus avoid the monopolization of space resources.

b. The Appropriation Scheme
The appropriation procedure begins with the discovery, continued claims and ends in possession. 75 Discovery is just a theory to be used in so far as the Moon has already been discovered. The parties should have announced his intention to explore the land for a definite time. It will permit control over the space prospectors' activities, as the authority does not allow two different parties concurrently to explore the same region. It will reduce the possibility of disagreement resulting from conflicting claims.
Subsequently, the claiming extraterrestrial field would be the next step if the discovery were confirmed. This claim is registered with the ISA and is intended to remind the entire international community that the discovery of individual or organization recognized exclusive property rights. This registration of a claim would preclude further ISA licensing or registration for the subject-matter concerned. The claim would have been true for a given period of time and could not be extended.
The possession process is the final process for appropriating the Martian land. After effective possession, the area becomes the property of the requester. As regards Martian land, this would involve some sort of physical presence in the area. Throughout addition to physical activity, symbolic acts of possession can also take place. 76  protection. 78 The symbolic act of possession may seem new, but it is necessary to ensure that all extraterrestrial colonies have a set of rules agreed upon. With completion of its possession, the jurisdiction of the martian land would be the sole property of the parties concerned.
In order to implement those idea related to the scheme of appropriation in Mars. It shall be noted that, the amendment and modernization of the current outer space treaty is necessary. Meanwhile, related to the models of the new regulations in Mars exploration, this new regulation must uphold several points that has been governed previously by the Corpus Juris Spatialis regime such as, peaceful purposes, international cooperation, and the obligation to protect the celestial bodies' environment. The appropriation process will be comprehensively governed under this regulation, the rights and obligations of the stakeholders in utilizing the Mars resources also will be governed under these regulations, and also the sanctions form, and the dispute settlement body will be regulated by this new regulation. Subsequently, the regulations to the establishment of ISA and all operative regulations concerning the ISA will be comprehensively governed under this new regulation. Therefore, when all of commercialization activities conducted in Mars, the stakeholders' activities will not against the regulations and do not jeopardizing the Mars environment.

E. Conclusion
The first 20 years of this century have witnessed rapid development in space exploration activities. NASA started by sending its rover to Mars, the purpose of this mission was to explore the surface of Mars while deepening an understanding upon the resources that available on Mars. It peaked in the middle of this decade, when Space X as the space private entity proclaiming to send the human being to Mars and start to establish the civilization, the Martian. Based on several basis and evidence, appropriation might be allowed in the future, but the claiming of complete sovereignty is still prohibited. The author considered that, the establishment of Federation or authority which bear responsibility upon the appropriation process is necessary. Therefore, the author proposes the concept of the International Space Authority (ISA) as the sole and independent body which responsible towards the activities of stakeholders in exploring and exploiting the Moon and other Celestial bodies. The author also suggest that process of appropriation shall conducted in three steps which are discovery, claim and possession. If it had possessed by one stakeholder, then it could not be possessed by others. The possession also has limitation time, in which in this case the author consider five years would be the appropriate time for stakeholders to gain many benefits from this appropriation action. Nevertheless, the equitable access and the peaceful of outer space must be maintain during this phase. Therefore, the international community will have to act quickly if it wants to maintain shared international control over space. The amendment of Outer Space Treaty and the formulation of a new legal regime concerning the Mars exploration shall be made. By this breakthrough, the economic incentives during the Mars exploration, giving equitable access of exploration, maintaining the peaceful of outer space and protecting the Mars environment would be run side by side and relevant to the international space law regime.