The Global Business Law Review Volume 9 Issue 1 Article 5 1-31-2021 Returning to the Moon: Legal Challenges as Humanity Begins to Settle the Solar System – Full Transcript Mark J. Sundahl Cleveland-Marshall College of Law Follow this and additional works at: https://engagedscholarship.csuohio.edu/gblr Part of the Air and Space Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Mark J. Sundahl, Returning to the Moon: Legal Challenges as Humanity Begins to Settle the Solar System – Full Transcript, 9 Global Bus. L. Rev. 1 (2021) available at https://engagedscholarship.csuohio.edu/gblr/vol9/iss1/5 This Transcript is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in The Global Business Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. 1 VOL.9 (2021) RETURNING TO THE MOON: LEGAL CHALLENGES AS HUMANITY BEGINS TO SETTLE THE SOLAR SYSTEM - FULL TRANSCRIPT INTRODUCTION On March 6, 2020, leading space lawyers gathered in the Moot Court Room of Cleveland- Marshall College of Law at Cleveland State University to discuss and debate the legal challenges and opportunities arising from the growing number of lunar missions in the planning stages in early 2020, in particular NASA’s Artemis Program which will for the first time establish a permanent human habitation on our moon through cooperation between NASA and its international partners (both public and private). The day-long symposium on Returning to the Moon: Legal Challenges as Humanity Begins to Settle the Solar System was organized by the Global Space Law Center (GSLC) together with the Global Business Law Review (GBLR). SpaceX and the Open Lunar Foundation sponsored the event (along with an auditorium full of local attorneys seeking Continuing Legal Education credits in Space Law!). The title of the symposium only tells part of its story. While there are certainly many legal challenges that face the world as we return to the Moon, all of those who contributed to this symposium see something more – we see opportunities for ensuring that the future of humankind in space will take place in a peaceful, safe, and law-abiding environment that enables governments, private companies, and even individuals to enjoy the benefits and wonders of space. The participants in the symposium are the people who are writing the space laws of today, influencing the various legislative and normative efforts in the field of space law and policy, and, in the case of some of our representatives from the administrative government, enforcing the laws of outer space. This forum on March 6th at Cleveland-Marshall College of Law (C|M Law) brought these people together to share their thoughts about the future of space law as we embark on unprecedented journeys to the Moon and cislunar space. The symposium was designed as an anti-conference. There were no canned speeches and no threat of death by PowerPoint. Instead, our eleven speakers participated in five dynamic panels as I, Prof. Mark Sundahl of Cleveland-Marshall College of Law, worked, as the moderator, to keep the conversation flowing. Although most of the symposium proceeded according to plan, the audience also had its share of surprises. During the panel on how to govern a lunar settlement, a surprise announcement was made by Dr. Giuseppe Reibaldi, President of the Moon Village Association, who joined the panel from Rome, Italy via Zoom. Dr. Reibaldi announced that the Draft Moon Village Association Principles had been published and was now open for public comment. These Moon Village Association Principles were drafted to supplement existing law and provide a forum for developing best practices for the long-term sustainability of lunar activity. While the United Nations will address the outstanding issues in time, the Moon Village Association has spearheaded this grass-roots effort to immediately undertake the process of developing best practices among space actors. We were also privileged to have Professor Steven Freeland join the symposium from Western Sydney University in Australia. Although Professor Freeland has long been recognized as a thought 2 THE GLOBAL BUSINESS LAW REVIEW leader in the field, his participation in the symposium had particular meaning, because he had recently been appointed co-moderator of the upcoming General Exchange of Views at the United Nations Legal Subcommittee regarding resource extraction. Although the lion’s share of the symposium was dedicated to issues of national and international law, the symposium also recognized the local Ohio aerospace industry during the luncheon panel moderated by Scott Parry, a C|M Law alumnus, and featuring John Sankovic, President of the Ohio Aerospace Industry, Jay Jackson of NASA Glenn’s Office of the General Counsel, and local aerospace attorneys, Jon Yormick and Justine Kasznica. Finally, at the end of the symposium, the student members of the GSLC Research Council read out questions that had been anonymously submitted by our attendees during the day. These questions sparked a final free-for-all involving all of our speakers that brought the symposium to a final crescendo of good cheer that spilled over into the cocktail reception. What follows is a transcript of the symposium. This is a break from the traditional format of the American law journal, but the entire purpose of the symposium was to break free from canned presentations and see what comes of dynamic debate. The only way to preserve the special character of the fruit of this debate is to capture the actual conversation in a transcript. However, before I leave you to the transcript, I must recognize the people who brought the symposium to life: Kristina Schiavone JD ’21 (Member of the GSLC Research Council and Articles Editor of the GBLR) and Joseph Nelson JD ’20 (Editor-in-Chief of the GBLR). The success of the symposium was largely due to their tireless work. As always, all the law school logistics were handled effortlessly by Jill Natran, Administrative Coordinator of External Affairs at C|M Law, who went above and beyond when attendance suddenly spiked on the morning of the event. Onwards and upwards! Mark J. Sundahl, Director Global Space Law Center, Professor of Law, And Symposium Moderator Novelty, Ohio September 18, 2020 3 VOL.9 (2021) Contents Introduction ............................................................................................................................... 1 Welcome Remarks ..................................................................................................................... 4 Speaker: Dean Carolyn Broering-Jacobs, Associate Dean for Administration, .................................. 4 Cleveland-Marshall College of Law ............................................................................................................ 4 Panel 1: Setting the Stage: An Introduction to NASA’s Artemis Program and the Basics of Space Law .................................................................................................................................. 6 Panelists: Mark J. Sundahl, Professor of Law and Director of the Global Space Law Center ........ 6 Christopher D. Johnson, Space Law Advisor, Secure World Foundation ............................................ 6 Panel 2: Who is Going to the Moon? Public/Private Partnerships and Procurement ........... 26 Panelists: Steven A. Mirmina, International Law Practice Group, NASA ........................................ 26 Christopher D. Johnson, Space Law Advisor, Secure World Foundation .......................................... 26 Dr. Diane Howard, Chief Counsel Space Commerce, U.S. Department of State ............................. 26 Lunchtime Panel: How Ohio Companies Can Get Involved in the Artemis Program – Lessons from NASA and Industry Lawyers ............................................................................ 52 Panelists: Dr. John M. Sankovic, President, Ohio Aerospace Institute ............................................. 52 James W. “Jay” Jackson, NASA Glenn Research Center, Office of the General Counsel .............. 52 Jon P. Yormick, Phillips Lytle, LLP .......................................................................................................... 52 Justine Kasznica, Babst Calland, LLP ....................................................................................................... 52 Panel 4: How Will We Govern a Moon Village? Jurisdiction, Enforcement, Standard Setting, and International Cooperation ................................................................................................ 71 Panelists: Michelle Hanlon, National Center for Air and Space Law, University of Mississippi/For All Moonkind, Inc. ......................................................................................................... 71 Jessy-Kate Schingler, Open Lunar Foundation, ...................................................................................... 71 Dennis O’Brien, Space Treaty Project/Moon Village Association, ..................................................... 71 Dr. Giuseppe Reibaldi, Founder, Moon Village Association ................................................................ 71 Panel 5: Land Rights, Natural Resources, and the Protection of Sites of Significant Historical or Scientific Interest ............................................................................................... 91 Panelists: