Martin had enjoyed the field room. Showered and rested he had finished the day off with studies. Dinner tonight would be at the captain's table, which was great except he would have to dress.
Arriving on time he was seated at the captain's end of the table only a couple of seats away. He nervously fiddled with his glass when a slightly older but attractive woman was seated beside him, next to the captain's seat. She introduced herself as Laura Lockwood. After the introductions, she asked Martin what he was doing out this way.
Without thinking, Martin explained that he had just finished MSA and was headed out to do some fieldwork in the Asteroid Belt. Lockwood's eyebrow rose slightly upon hearing of Martin's destination. She hesitated and then explained that the Asteroid Belt was her destination also, she was on a fact-finding mission for her boss. She asked Martin if he had ever heard of Senator Conway, Head of the Subcommittee on Science and Space, Terran Federation? (The Terran Federation was the UN of space, but so far not as successful. The UN had proposed it to counter the Mars Republic's establishment of the Solar Federation.)
“No,” Martin said, “but I have been studying government and law myself recently, Space Law that is.”
“Really,” said Lockwood, “and if I may ask, why have you been studying Space Law?”
“As a way to familiarize myself with the 'law of the land' out there, you might say.”
“Interesting. And what have you learned from your studies?”
“Well so far, the thing about the Asteroid Belt, I mean right now is that it hasn't any sovereign claims. And that means, as some have argued, that it is res nullis under the law. This means that the asteroids belong to no one and are appropriable by the first one that lays claim. But others argue they are res communis, that they belong to all and are not appropriable by individuals.”
“So, there is disagreement, but why is this a question under law?”
“Because without a valid law, force is likely to be used to determine ownership. Countries find it to their advantage not to reach an early agreement on such points of law because they don't know how it will affect their future prospects. They might disadvantage themselves if they agree to make certain spaces res communis, because they could be the first ones to claim such areas. They then couldn't exercise sovereignty over the area and selfishly benefit themselves only. But if it becomes apparent that they cannot be the first ones to lay claim, then they agitate for the res communis designation.”
“I see,” said Lockwood. “But that way leads to conflict, doesn't it, I mean look at the history of the moon and Mars?”
“Yes, I agree with you Ms. Lockwood. But sometimes the leaders of these nations think only in terms of immediate advantage not cooperation. Also, any war in the future is a problem for their successors not themselves. They will be remembered for standing firm for the interests of their states; I believe that's the way most of them think.”
“So, you want to nail down the law of the Asteroid Belt before there can be any conflicts of ownership, is that the idea?”
“Actually, the idea is not to nail it down, as you put it. We believe in ownership before law. Afterwards the locals themselves will come up with the necessary laws for their protection. Then they will decide what if any sovereign state they might join. Who better than those involved to fix their relationship to the state that will serve them?”
“Well, when you put it that way. I guess the locals, those that settle in the Asteroid Belt can best decide for themselves what laws and government they want to live under. But I'm afraid that you will find that vested interests, long-established interests, will want to have a say in your local politics no matter how remote they may be removed. After all, laws can only be enforced by a sovereign power.”
“My uncle Abram might argue with you about who has the real sovereign power in this world Ms. Lockwood. He says that power comes first from a creator and second from the collective will of the people. Voluntary compliance is at its root and only when a government or sovereignty has lost its legitimacy does it need to use force to attain its goals.”
Before Lockwood could respond, the captain called the table to attention for a toast.
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