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Humans want to mine the moon. Here’s what space law experts say the rules are

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Mining the moon might sound like a concept that belongs in a science fiction novel, but it’s likely to be a part of reality in the not-so-distant future. That’s made it a hot topic of discussion among space lawyers — yes, there are space lawyers — on Earth.

When Michelle Hanlon, co-director of the Air and Space Law Program at the University of Mississippi, tells people what she does for a living, she says most people are confused.

“Most people think I’m a real estate lawyer — what kind of space do you sell?” she said, laughing. But in fact, Hanlon is an expert in the law governing outer space.

There are several international agreements governing space, including The Outer Space Treaty, which was drafted during the Cold War and signed by more than 100 countries including the United States, China and Russia.

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That treaty, which states “outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty,” is what prevents countries from swooping in and declaring ownership over the moon.

An artistic rendering of the planned International Lunar Research Station, a collaboration in development by China and Russia. (China National Space Administration)

“You cannot plant a flag anywhere in space and say this now belongs to the United States, this now belongs to Russia, this now belongs to China,” Hanlon said.

But when it comes to mining the moon for resources, things get more complicated. Legal experts are working on teasing out exactly how that treaty applies when nations — or private companies working on behalf of nations — start harvesting resources from the moon or asteroids.

“By building a mining operation, some would argue … you’re actually claiming sovereignty by another means,” Hanlon said. “We have to learn to do something in space that we haven’t yet learned how to do on Earth. And that is: be mindful and respectful of each other.”

That will be put to the test in the next few years, as major space-faring nations race to establish bases on the moon.

NASA’s Artemis mission, which the Canadian Space Agency is contributing to, hopes to send humans to the moon by 2030.

This time around, the plan is not just to visit but to stay for good. That includes building a base camp at the lunar south pole, as well as a lunar gateway — a spaceship that would orbit the moon.

China and Russia have their own lunar base in development, a collaboration between the two countries called the International Lunar Research Station.

In order to avoid hauling resources from Earth to sustain those habitats, space programs are hoping to harvest resources from the moon’s icy surface. That’s includes water — essential for human life and a source for fuel when broken down into hydrogen and oxygen — as well as rare earth minerals and helium-3, a potential source of energy.

NASA has selected four companies to “collect space resources” on its behalf and launched a competition for the public to design, build and test prototypes to excavate icy moon dirt.

“The moon is pretty large and the moon itself isn’t going to get crowded, but the areas where we know there is water are going to get crowded,” Hanlon said.

Not the Wild West

Given the track record of mining on Earth, including the human toll and environmental damages, there are concerns the same mistakes will be repeated when humans become a truly space-faring species.

“I do worry at times,” said Kuan-Wei Chen, a legal expert in space law and the executive director of McGill University’s Centre for Research in Air and Space Law.

“We don’t want to have again the repeat of history, when countries and commercial operators go to what they call a ‘new world’ to start fighting and engaging in conflict over resources.”

That’s why, he says, its up to academics and governments to emphasize that there are laws governing space.

“Space is not a legal vacuum. It’s not the Wild West. It should not be the Wild West.”

NASA’s Artemis 1 rocket sits in place at the Kennedy Space Center in Cape Canaveral, Florida. A second launch attempt for the uncrewed spacecraft is planned for Saturday. (John Raoux/The Associated Press)

To help guide countries through those existing frameworks, Chen worked with a team at McGill University as well as a coalition of international experts to produce a manual on international law in outer space.

Given current geopolitical tensions, including Russia announcing it will leave the International Space Station and build its own, Chen says its better to work with the treaties that already exist rather than try to get countries agree to a new one.

But the outer space treaty is open to interpretation when it comes to mining.

“The law says very clearly it’s not allowed to appropriate the moon. Now, does that mean you’re not allowed to extract and use your resources that are found in the soil or the subsoil of the moon? That’s not clear,” Chen said.

Generally agreed: If you mine it, you own it

NASA introduced the Artemis Accords in 2020, as what it describes as establishing “a safe and transparent environment which facilitates exploration, science, and commercial activities for all of humanity to enjoy.”

In a statement sent to CBC, a spokesperson said that “extraction of space resources does not inherently constitute national appropriation.”

But Russia and China have not signed the U.S.-led accords, and experts say they are unlikely to do so.

“Russia and China believe very strongly that the only place you can make space law is within the United Nations and they see the Artemis Accords as trying to circumvent that,” Hanlon said.

“I think the US would say we’re not circumventing, we’re just jump starting.”

Regardless, Hanlon said the Artemis Accords’ interpretation of the Outer Space Treaty as it applies to mining are in line with what has been generally accepted. She says that takeway — which China and Russia have never disagreed with — can be summed up as “if you mine it, you own it.”

A woman in a black and white dress smiles, while embracing a model of the moon.
Michelle Hanlon, co-director of the Air and Space Law Program at the University of Mississippi, said if humans can come up with a plan to sustiainably manage resources in space, it will benefit all of humankind. (Submitted by Michelle Hanlon)

As nations inch closer to establishing a presence on the moon and beyond, Hanlon and Chen agree there needs to be more awareness about how international law applies.

The hope is that nations will respect the current treaties and find a way to harvest resources equitably and sustainably.

If they don’t, or if conflict arises, the international community will have to rely on diplomatic pressures — or there is the potential to turn to the International Court of Justice.

“We need to make sure that whatever we do in outer space and also on the moon will not have a detrimental impact on on us right now, but also the future generation,” Chen said.

“These international laws … were drafted with those guiding principles of ensuring that space is a peaceful domain, and ensuring that there is a sustainable future for the future of humankind in outer space, on the moon and on other planets.”

A man in a dark suit stands, smiling, in front of a bookshelf.
Kuan-Wei Chen, executive director of McGill University’s Centre for Research in Air and Space Law said that while he does worry about how mining in space will play out, he has faith in the law. (Submitted by Kuan-Wei Chen)

 

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Marine plankton could act as alert in mass extinction event: UVic researcher – Saanich News

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A University of Victoria micropaleontologist found that marine plankton may act as an early alert system before a mass extinction occurs.

With help from collaborators at the University of Bristol and Harvard, Andy Fraass’ newest paper in the Nature journal shows that after an analysis of fossil records showed that plankton community structures change before a mass extinction event.

“One of the major findings of the paper was how communities respond to climate events in the past depends on the previous climate,” Fraass said in a news release. “That means that we need to spend a lot more effort understanding recent communities, prior to industrialization. We need to work out what community structure looked like before human-caused climate change, and what has happened since, to do a better job at predicting what will happen in the future.”

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According to the release, the fossil record is the most complete and extensive archive of biological changes available to science and by applying advanced computational analyses to the archive, researchers were able to detail the global community structure of the oceans dating back millions of years.

A key finding of the study was that during the “early eocene climatic optimum,” a geological era with sustained high global temperatures equivalent to today’s worst case global warming scenarios, marine plankton communities moved to higher latitudes and only the most specialized plankton remained near the equator, suggesting that the tropical temperatures prevented higher amounts of biodiversity.

“Considering that three billion people live in the tropics, the lack of biodiversity at higher temperatures is not great news,” paper co-leader Adam Woodhouse said in the release.

Next, the team plans to apply similar research methods to other marine plankton groups.

Read More: Global study, UVic researcher analyze how mammals responded during pandemic

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The largest marine reptile ever could match blue whales in size – Ars Technica

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Blue whales have been considered the largest creatures to ever live on Earth. With a maximum length of nearly 30 meters and weighing nearly 200 tons, they are the all-time undisputed heavyweight champions of the animal kingdom.

Now, digging on a beach in Somerset, UK, a team of British paleontologists found the remains of an ichthyosaur, a marine reptile that could give the whales some competition. “It is quite remarkable to think that gigantic, blue-whale-sized ichthyosaurs were swimming in the oceans around what was the UK during the Triassic Period,” said Dean Lomax, a paleontologist at the University of Manchester who led the study.

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Giant jawbones

Ichthyosaurs were found in the seas through much of the Mesozoic era, appearing as early as 250 million years ago. They had four limbs that looked like paddles, vertical tail fins that extended downward in most species, and generally looked like large, reptilian dolphins with elongated narrow jaws lined with teeth. And some of them were really huge. The largest ichthyosaur skeleton so far was found in British Columbia, Canada, measured 21 meters, and belonged to a particularly massive ichthyosaur called Shonisaurus sikanniensis. But it seems they could get even larger than that.

What Lomax’s team found in Somerset was a surangular, a long, curved bone that all reptiles have at the top of the lower jaw, behind the teeth. The bone measured 2.3 meters—compared to the surangular found in the Shonisaurus sikanniensis skeleton, it was 25 percent larger. Using simple scaling and assuming the same body proportions, Lomax’s team estimated the size of this newly found ichthyosaur at somewhere between 22 and 26 meters, which would make it the largest marine reptile ever. But there was one more thing.

Examining the surangular, the team did not find signs of the external fundamental system (EFS), which is a band of tissue present in the outermost cortex of the bone. Its formation marks a slowdown in bone growth, indicating skeletal maturity. In other words, the giant ichthyosaur was most likely young and still growing when it died.

Correcting the past

In 1846, five large bones were found at the Aust Cliff near Bristol in southwestern England. Dug out from the upper Triassic rock formation, they were dubbed “dinosaurian limb bone shafts” and were exhibited in the Bristol Museum, where one of them was destroyed by bombing during World War II.

But in 2005, Peter M. Galton, a British paleontologist then working at the University of Bridgeport, noticed something strange in one of the remaining Aust Cliff bones. He described it as an “unusual foramen” and suggested it was a nutrient passage. Later studies generally kept attributing those bones to dinosaurs but pointed out things like an unusual microstructure that was difficult to explain.

According to Lomax, all this confusion was because the Aust Cliff bones did not belong to dinosaurs and were not parts of limbs. He pointed out that the nutrient foramen morphology, shape, and microstructure matched with the ichthyosaur’s bone found in Somerset. The difference was that the EFS—the mark of mature bones—was present on the Aust Cliff bones. If Lomax is correct and they really were parts of ichthyosaurs’ surangular, they belonged to a grown individual.

And using the same scaling technique applied to the Somerset surangular, Lomax estimated this grown individual to be over 30 meters long—slightly larger than the biggest confirmed blue whale.

Looming extinction

“Late Triassic ichthyosaurs likely reached the known biological limits of vertebrates in terms of size. So much about these giants is still shrouded by mystery, but one fossil at a time, we will be able to unravel their secrets,” said Marcello Perillo, a member of the Lomax team responsible for examining the internal structure of the bones.

This mystery beast didn’t last long, though. The surangular bone found in Somerset was buried just beneath a layer full of seismite and tsunamite rocks that indicate the onset of the end-Triassic mass extinction event, one of the five mass extinctions in Earth’s history. The Ichthyotian severnensis, as Lomax and his team named the species, probably managed to reach an unbelievable size but was wiped out soon after.

The end-Triassic mass extinction was not the end of all ichthyosaurs, though. They survived but never reached similar sizes again. They faced competition from plesiosaurs and sharks that were more agile and swam much faster, and they likely competed for the same habitats and food sources. The last known ichthyosaurs went extinct roughly 90 million years ago.

PLOS ONE, 2024.  DOI: 10.1371/journal.pone.0300289

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Jeremy Hansen – The Canadian Encyclopedia

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Early Life and Education

Jeremy Hansen grew up on a farm near the community of Ailsa Craig, Ontario, where he attended elementary school. His family moved to Ingersoll,
Ontario, where he attended Ingersoll District Collegiate Institute. At age 12 he joined the 614 Royal Canadian Air Cadet Squadron in London, Ontario. At 16 he earned his Air Cadet
glider pilot wings and at 17 he earned his private pilot licence and wings. After graduating from high school and Air Cadets, Hansen was accepted for officer training in the Canadian Armed Forces (CAF). He was trained at Chilliwack, British Columbia, and the Royal Military College at Saint-Jean-sur-Richelieu,
Quebec. Hansen then enrolled in the Royal Military College of Canada in Kingston,
Ontario. In 1999, he completed a Bachelor of Science in space science with First Class Honours and was a Top Air Force Graduate from the Royal Military College. In 2000, he completed his Master of Science in physics with a focus on wide field of view satellite tracking.   

CAF Pilot

In 2003, Jeremy Hansen completed training as a CF-18 fighter pilot with the 410 Tactical Fighter Operational Training Squadron at Cold Lake, Alberta.
From 2004 to 2009, he served by flying CF-18s with the 441 Tactical Fighter Squadron and the 409 Tactical Fighter Squadron. He also flew as Combat Operations Officer at 4 Wing Cold Lake. Hansen’s responsibilities included NORAD operations effectiveness,
Arctic flying operations and deployed exercises. He was promoted to the rank of colonel in 2017. (See also Royal Canadian Air Force.)

Career as an Astronaut

In May 2009, Jeremy Hansen and David Saint-Jacques were chosen out of 5,351 applicants in the Canadian Space Agency’s
(CSA) third Canadian Astronaut Recruitment Campaign. He graduated from Astronaut Candidate Training in 2011 and began working at the Mission Control Center in Houston, Texas, as capsule communicator (capcom, the person in Mission Control who speaks directly
to the astronauts in space.

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David Saint-Jacques (left) and Jeremy Hansen (right) during a robotics familiarization session, 25 July 2009.

As a CSA astronaut, Hansen continues to develop his skills. In 2013, he underwent training in the High Arctic and learned how to conduct geological fieldwork (see Arctic Archipelago;
Geology). That same year, he participated in the European Space Agency’s CAVES program in Sardinia, Italy. In that human performance experiment Hansen lived underground for six days.
In 2014, Hansen was a member of the crew of NASA Extreme Environment Mission Operations (NEEMO) 19. He spent seven days off Key Largo, Florida, living in the Aquarius habitat on the ocean floor, which is used to simulate conditions of the International
Space Station and different gravity fields. In 2017, Hansen became the first Canadian to lead a NASA astronaut class, in which he trained astronaut candidates from Canada and the United States.  

Did you know?

Hansen has been instrumental in encouraging young people to become part of the STEM (Science, Technology,
Engineering, Mathematics) workforce with the aim of encouraging future generations of space explorers.
His inspirational work in Canada includes flying a historical “Hawk One” F-86 Sabre jet.

Artemis II

In April 2023, Hansen was chosen along with Americans Christina Koch, Victor Glover and Reid Wiseman to crew NASA’s Artemis II mission to the moon. The mission, scheduled for no earlier
than September 2025 after a delay due to technical problems, marks NASA’s first manned moon voyage since Apollo 17 in 1972. The Artemis II astronauts will not land on the lunar
surface, but will orbit the moon in an Orion spacecraft. They will conduct tests in preparation for future manned moon landings, the establishment of an orbiting space station called Lunar Gateway, or Gateway, and a base on the moon’s surface where astronauts
can live and work for extended periods. The path taken by Orion will carry the astronauts farther from Earth than any humans have previously travelled. Hansen’s participation in Artemis II is a direct result of Canada’s contribution of Canadarm3
to Lunar Gateway. (See also Canadarm; Canadian Space Agency.)

“Being part of the Artemis II crew is both exciting and humbling. I’m excited to leverage my experience, training and knowledge to take on this challenging mission on behalf of Canada. I’m humbled by the incredible contributions and hard work of so many
Canadians that have made this opportunity a reality. I am proud and honoured to represent my country on this historic mission.” – Jeremy Hansen (Canadian Space Agency, 2023)

Did you know?

On his Artemis II trip, Hansen will wear an Indigenous-designed mission patch created for him by Anishinaabe artist Henry Guimond.

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Honours and Awards

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