Res Communis

by Michael S. Dodge, student blogger

Celestis Inc., a company of Space Services Inc., has announced that it will provide extra-terrestrial burials for its clients. For fees beginning near $10,000, the company says it will be able to launch small amounts of human ashes and deposit them on the Moon as early as 2009. This development stems in part from Celestis’ recent agreement with Odyssey Moon Ltd. and Astrobotic Technology Inc. to utilize their lunar landers to deposit the remains on the moon. “Odyssey Moon and Astrobotic are among private enterprises seeking to land a robotic craft on the moon and conduct scientific experiments. The cremation capsules would remain on the moon with the lunar landers when the missions were complete” (Reuters via Yahoo News). The company initially seeks to deposit up to 1,000 capsules on the moon, and later upwards of 5,000 capsules.

Though surely a service that provides a unique way for the deceased to be remembered, the project is not without potential objections. Depositing capsules onto the moon could present environmental problems, something proscribed by the space law regime and anticipated by the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (the “Outer Space Treaty”), specifically article nine, which states in part that “In the exploration and use of outer space, including the moon and other celestial bodies, States Parties . . . to the Treaty shall pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination . . . and, where necessary, shall adopt appropriate measures for this purpose.” Celestis could expect resistance by some who feel that the placement of human remains on the Moon, especially in the planned quantities, might implicate this provision of the OST—a treaty widely accepted in the international community.

Celestis’ activities may also implicate another, albeit less widely accepted, Treaty in the form of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the “Moon Treaty”), specifically article seven, clause one, which states “In exploring and using the moon, States Parties shall take measures to prevent the disruption of the existing balance of its environment, whether by introducing adverse changes in that environment, by its harmful contamination through the introduction of extra-environmental matter or otherwise. States Parties shall also take measures to avoid harmfully affecting the environment of the earth through the introduction of extraterrestrial matter or otherwise.” Of course, this provision would not apply to Celestis Inc., since its parent company, Space Services, is incorporated in the United States—not a State Party to the Moon Treaty. However, the company could nevertheless open itself up to criticism by individuals and States-Parties to the Moon Treaty for what may be perceived as environmentally irresponsible actions.

Source: Reuters (via Yahoo News)