2015 Space and Evolution No. 6 2015 Space K.K.and EvolutionNair No. 6:1–16 One-Way Ticket to Mars: Examining the Law and Options to Regulate Adventurism on Celestial Bodies Kiran Krishnan Nair* Background or international, governmental or non-governmental, commercial or personal rests with the concerned na- No tourist seeks a one-way ticket. A tourist re- tion-state. Additionally, nations are bound by the usual turns home after a tour. Adventurers, by contrast, are state responsibility of ensuring the safety and security a different lot. They are far more reckless and seek a of their nationals, irrespective of whether they are different kind of pleasure—not always in conformity directly or indirectly part of any space activity or not with established norms, customs and general trends of involved at all. Thus, the envelope of responsibilities human behaviour. This is particularly true of colonis- on account of human space exploration is wide and ers who take adventure to the other extreme. They devolves on the concerned state, the particular space seek to migrate, establish colonies and appropriate agency as also the participants in the space activity. resources in virgin areas for their own benefit. The Various parties would be involved and there would be fear of the unknown and unexplored fires their imagi- significant overlap and intertwining of responsibili- nation and unlike the average tourist who seeks a large ties, all of which needs regulation well before the first amount of fun and a small measure of adventure, they proposed human space settlements come about. The seek the opposite and rush headlong into their ven- area in this regard is entirely grey and to that extent tures with little or no regard to the attendant dangers, the concept of a one-way ticket to Mars being touted risks and damage. Quite apparently, a one-way ticket by commercial companies as the next great milestone to an unknown, unearthly and unchartered destina- in tourism, exploration and colonisation is grossly tion like Mars seeks to fulfil the urges of adventurers premature. Neither has technology nor legislation and colonisers rather than the average tourist seeking matured to support such an endeavour. In its pres- nothing more than a break from the mundane. Thus, ent state, the idea of colonising Mars is chaotic and it may safely be inferred that those volunteering for fraught with danger to the individual, the state and the a one-way trip to Mars fall in the former category. general public at large. There exists a need to be more The adventurer’s enterprise is at his own risk, the deliberate, more realistic, more mindful and prepared same cannot be said about the tourist. The safety and before undertaking such risks since the risks impact well-being of tourists on Earth is the responsibility of all humanity on earth and not just a section of adven- numerous agencies ranging from the tour operators turers or colonisers. At the same time, the attendant to the states involved as also the public at large. The risks should not be allowed to suppress aspirations of same cannot be said for adventurers and colonisers the general public. The better recourse would be to seeking new pastures on Mars. They fall in an entirely channelize the disparate energies of private players, different category and the implications consequently commercial organisations and state agencies to fulfil are entirely different for the state, the trip operator, humankind’s space aspirations. Towards that end, this the colonisers and the public at large. The privileges paper seeks to examine the shortcomings and risks in and perks, the collective responsibilities of state and the present endeavour and proposes recommendations society as also rules and regulations that ensure the to regulate and streamline the entire affair. safety and well-being of tourists on earth cannot auto- matically be extended to adventurers and colonisers. Examining the Fantasy and Reality of On the contrary, by custom and law, though the Mars Endeavours adventurer or coloniser acts on his own risk, he is obliged to ensure that his acts do not risk or endanger The Sombre Realities of the Adventure those not connected with the adventure. Similarly, The first space craft, Sputnik heralded the arrival agencies facilitating such adventures owe a duty of of the space age in 1957. The first planetary explora- reasonable care to both the adventurer and the gen- tion beyond earth orbit came the very next year with eral public. With regards to the nation-state, as per an attempted lunar orbit by the US’s Pioneer 0. It prevailing space legislation, the final responsibility as failed. The first Mars probe, Marsnik-1 of the Soviet also liability on account of all space activity; national Union launched in 1960 also failed likewise. The first *Joint Director Ops (Space) at Air HQs, New Delhi, India. 1 2015 Space and Evolution No. 6 K.K. Nair successful Mars fly-by came in 1964 and the first the subject and the vast panoply of technicalities sur- successful orbit in 1971. Efforts have continued ever rounding the issues related to the means and ends of since with both the US and Russia making more than space exploration, travel, habitation etc. do not make twenty one and nineteen Mars exploration attempts. the subject immediately appealing to the lay person. In the recent past, China and India have also joined in Aspiring and fascinating on the subject of planetary the attempts with their Mars orbiters Yinghuo-1 and exploration and Mars settlements is the easier aspect, Mangalyaan in years 2011 and 2013 respectively.1 attaining credible information, knowledge and making However, five decades of efforts have yielded it appealing to lay public is a tougher proposition. For relatively little public knowledge and information instance, an average adventure camp enthusiast could on these state endeavours. The opportunities and deliver an absorbing talk on survival techniques to the challenges of the endeavour are not widely known general public. It would be appealing, credible and No great reservoir of information and knowledge on useful to one and all. But, a credible brief on Mars human space flight and settlements is known to exist; survival or habitation would demand the services of at least none exists in public domain.2 This could be a super specialist. The services of an average space attributed to lack of information or because nations are scientist or doctor may not suffice. One would at a reticent in sharing the hard earned gains of their ef- minimum require the services of specialists dealing forts. Nations dedicate enormous efforts, resource and with the myriad topics of space physical sciences or hence are perhaps reticent to share hard earned gains. dedicated aerospace medicine specialists or a space Or perhaps, decades of experience in the endeavour systems architect dealing with space habitation etc. make them cognisant of the complexities and chal- Correspondingly, the audience would also need to rea- lenges inherent in the endeavour and consequently sonably knowledgeable, interested and familiar with they remain guarded in sharing data and information the subject. The point is, at present, little is known which may be incomplete, inconsistent and immature about the subject and hence assumptions and generali- at best for sharing with the public at large. Either way, sations abound amongst the lay public. The area is a not much information of scientific or academic value fertile breeding ground for fantasies and reality in the is available with the lay public. process is glossed over. But such general knowledge On the other hand, the lay public also doesn’t ap- of the issue would not suffice. This is particularly so, pear keen on such information. Googling “NASA Mars since the subject is not frivolous and deals with life and Mission” returns a measly 15.5 Million hits compared death. Fantasies should not be allowed to fog the banal to over 134 Million hits of “Mars One”.3 By contrast, realities, risks and dangers inherent in the venture. earthly issues like “food” and “movies” return over The reality is that space exploration is inherently a thousand million hits. Perhaps, the complexity of complex and costly (Table 1). Additionally, a year Table 1. The cost of exploring Mars. 2 2015 Space and Evolution No. 6 K.K. Nair 1991 US Government Office of Technology Assess- such activity. The US has reportedly spent over $ 9 ment (OTA) study estimated cost of one-way human Billion on Mars vehicles already and the FSU6/Russia Mars missions at $ 550 billion over a 35 year period, may also be assumed to have spent likewise. Japan depending on capabilities desired and the exploration spent over $ 848 Million on a failed mission and gave schedule. It also emphasized that the need to support up while the ESA spent over $ 150 Million and slowed human life in the extremely harsh environment of down.7 More than fifty years of efforts and billions of Mars would drive the costs of human exploration to as Dollars appear to have yielded little apart from around much as 10 to 100 times the cost of robotic explora- three8 robotic contraptions on the surface of Mars. The tion.4 A more recent US report of the Congressional efforts have drawn substantially on national resources Budget Office (year 2011) stressed on the need to and tend to be perceived as a drain, especially when eliminate human space exploration altogether to con- no dramatic achievements are visible. Convincing tain rising costs.5 As a matter of fact, the 1991 OTA tax payers is a difficult exercise and consequently, report was prescient in highlighting the need to scale nations tend to advertise their advances and down- back ambitious plans or greatly extend the timescale play failures.9 The list of failures also inspires little for landing on Mars.