Shade of things to come: Neil Armstrong ventured across the moon's surface on 20 July 1969, marking the start of efforts to claim our near neighbour. Photograph: NASA/New York Times/Redux.
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Who owns the moon? We're just going to have to get up there and find out

A legal loophole has made it impossible to say who can claim the moon - but with a wealth of minerals and "rare earth" elements, plus huge potential for space exploration, we'll have to get up there and fight it out.

“I know I may not make it through this lunar night.” The China Academy of Space Technology laid the pathos on thick when it gave its lunar robot Jade Rabbit a farewell speech at the end of last month. The rover had become mired in moon dust and was unable to enter hibernation. Facing 14 days without sunlight, the solar-powered robot, launched on 2 December, was unlikely to survive. “Good night, Planet Earth,” it said. “Good night, humanity.”

It looked like the end of a venture that could have accelerated the process of finding out who – if anyone – owns the moon. The ultimate goal for Jade Rabbit was to bore a hole in the moon and see what moon rock is made of. That’s because the Chinese think the moon’s minerals might be worth extracting. “They are looking at feasibility for mining the moon, and they are likely to do it if there’s a strong business case,” says Richard Holdaway, director of the space division at the UK’s Rutherford Appleton Laboratory, which collaborates closely with China’s space programme.

There would be nothing illegal about such an operation because international laws covering the moon are “way, way behind”, as Holdaway puts it. In theory, anyone who could manage it (and afford it) could go to the moon tomorrow, dig out a huge chunk of lunar rock, bring it back to earth and sell it off to the highest bidder. The Chinese could take the moon apart and sell it bit by bit without breaking international law. The question we have to ask ourselves is simple: do we see a need to prevent that happening?

The moon’s bounty is not fanciful science fiction. “There is stuff on the moon to mine – no doubt about it,” Holdaway says. We know that minerals that are hard to find on earth, such as the “rare earth” elements and the metals titanium and uranium, are abundant up there. But the main prize is the lighter isotope of helium, known as helium-3. This gas is the critical fuel for nuclear fusion reactors, which promise an energy yield many times higher than the present generation of fission-powered reactors. Helium-3 costs roughly $10m a kilo. Though we don’t yet have commercial fusion reactors, these might not be far off. When they arrive, the demand for helium-3 will outstrip supply, and the easiest place to get more will be from moon rock. It couldn’t be easier: heat the rock and the gas comes out.

It’s not just the Chinese who have ambitions in this direction. Some private companies also have their eye on lunar rock as a source of riches. Most are based in the US, and they are actively working on lunar landers that will eventually be able to perform mineral extraction.

As yet, it is very hard to know whether the business case will stand up. It’s not a small endeavour to set up a factory on the moon. It is horrendously expensive to leave Planet Earth. Space on a shuttle is sold, like poultry, by weight. The cost of escaping the earth is roughly $25,000 per kilo. Anyone paying that kind of money upfront needs strong guarantees that the investment is worthwhile. That is why the space entrepreneur Robert Bigelow has asked the US government to nail down issues raised by who can mine the moon. “The time has come to get serious about lunar property rights,” he told a press briefing last November.

Bigelow made his money in hotels and property and has decided to pursue accommodation in space as his next venture. He already has a contract to supply astronaut habitats to Nasa; he has also said he wants to build habitats on the moon and, eventually, Mars. That plan, he argues, will be compromised unless issues of lunar ownership are clarified.

Two treaties cover the beyond-earth behaviour of nations and private companies. The oldest is the Outer Space Treaty of 1967. It says that “the exploration and use of outer space … shall be carried out for the benefit and in the interests of all countries … and shall be the province of all mankind”.

The agreement wasn’t drawn up to deal with questions of property rights, however. “It strictly prohibits claims by sovereign nations, but it does not expressly prohibit private entities from claiming private property rights,” says Michael J Listner, a New Hampshire-based lawyer specialising in space policy. “Depending on who you talk to, that omission creates a loophole for private ownership rights.”

One of the purposes of the treaty was to allow private companies to engage in activities in space, creating the opportunity for establishing commercial satellite networks, for instance. Back when the pact was developed, the Soviet Union argued that nation states were the only proper actors in space; the US wanted to give private companies a chance to exploit the new frontier. So, a compromise was reached: Article VI says that non-governmental organisations have to be supervised by their nation states.

The treaty says nothing about those non-governmental actors claiming property rights, however. “It doesn’t prohibit them, it doesn’t allow them. It’s completely silent,” says Joanne Gabrynowicz, a professor emerita of space law at the University of Mississippi who acts as an official observer to the UN effort to oversee the legal framework governing use of space.

This gaping hole in the legislation is where the 1984 Moon Agreement comes in. The United Nations Office for Outer Space Affairs hosts the agreement, which states that the moon’s environment should not be disrupted, that it should be used only for peaceful purposes, “that the moon and its natural resources are the common heritage of mankind” and that “an international regime” should be established “to govern the exploitation of the natural resources of the moon when such exploitation is about to become feasible”.

It sounds cut and dried: no one can own bits of the moon without further negotiations. The problem is that the seven nations which have ratified the Moon Agreement have no investment in it – they are not space-faring. “It’s considered pointless because the US, China and Russia didn’t even become a party to it,” Listner says. “If any of the three had done that, it might have been more meaningful.” Holdaway agrees: “It’s not legally binding. China could send armies of robots and humans and effectively stick a flag in the ground and say: ‘It’s ours.’ ”

In truth, there is no cause for alarm. The technology required for commercial exploitation is still decades away. The main question for now is whether it will ever be worth anyone’s while to develop the landers and infrastructure necessary to kick-start lunar-based industry.

Google has given some an incentive to develop our lunar capabilities. It is offering $20m to anyone who is the first to land on the moon’s surface, travel 500 metres and then send a couple of high-definition broadcasts back to earth.

Eighteen teams are aiming at this “Lunar XPrize”, which expires at the end of next year. One of the front-runners is Moon Express, a company based in Silicon Valley, California. In December, it unveiled its design for a lunar lander named MX-1. MX-1 is “the size of a large coffee table” and will get into space in the same way most satellites are deployed: aboard a conventional rocket that releases the lander once it has reached roughly 2,000 kilometres in altitude. Fuelled by hydrogen peroxide, the MX-1 will then wend its way to the moon to carry out whatever tasks are required.

Bob Richards, the founder and chief executive of Moon Express, calls the lander the “iPhone of space”, because it can perform a variety of roles on the lunar surface. Moon Express intends to accomplish its first lunar sample return mission by 2020. “We expect that material to be very valuable, with a global market,” Richards says.

Though it sounds impressive, MX-1 is so far nothing more than a design. Things get a lot harder once they need to become reality, Listner points out. “It’s fun to talk about it on a blog. It’s another thing to get down to doing it,” he says. “This isn’t like opening up the Wild West: space is hard and dangerous. You’ve got to bring your air, your water, your food – and we need to develop an understanding of how the lunar environment affects the human physiology.” It’s likely that the labour of resource extraction will involve human beings as well as robots, and we don’t know what it will be like to do a long stint on the moon. “We have some experience with the Apollo missions, but, between all those missions, humans have spent less than 100 hours performing activities on the surface,” Listner says.

Clearly there’s a long way to go – and it is entirely possible that nothing will be done about the legal issues until the first claims are staked. That’s what is so useful about China’s Jade Rabbit project: it makes it clear claims will be staked soon. Once a claim is laid, something will have to give, Gabrynowicz reckons. “When it becomes apparent that there are going to be credible attempts at resource extraction, there will have to be some diplomatic discussions,” she says.

According to Richard Bilder, a space law specialist at the University of Wisconsin-Madison, the high probability of those discussions hitting an impasse makes it worth pushing nations to start the process of setting up a legal regime right away. “This is likely to be easier to accomplish now, while prospects for lunar extraction are still only speculative, than after one or several countries succeed in establishing a lunar base and have clear special stakes and interests,” he says.

Yet Bilder remains pessimistic about the likelihood of this happening. The United States, he notes, seems uninterested, and there is little incentive for China and India to attempt to resolve the legal problems now – they will just want to get on with establishing lunar bases and launching whatever activities they deem worth pursuing.

Others are more upbeat. Some concerns about Chinese ambition derive from a cold war perspective that is no longer relevant, Gabrynowicz argues. The truth is, nations are now far more likely to become partners in seeking to exploit lunar resources. Holdaway points out that the UK and China are already working together in space, and says there is little reason to think both countries won’t be open to partnerships concerning the moon.

And even if it’s not nations but private companies, there could still be international collaboration, Listner reckons. “Some companies might form conglomerates to combine their resources to do it,” he says. We shouldn’t necessarily be concerned about that: private enterprises are still accountable to national governments and so will be subject to regulation – especially as governments are likely to be among their main customers, Gabrynowicz notes.

Last month, Nasa raised the game by launching a competitor to the Lunar XPrize. Under the Catalyst scheme, Nasa will share its experience and resources with private firms; in return it will get access to the companies’ designs for lunar landers. There’s a twist: US security regulations will make it much easier for US firms to co-operate with Nasa than businesses based abroad. So if Catalyst works as a stimulus to moon mining, the spoils will most likely belong to America.

Whether it’s helium-3 fuel, mineral resources or plain water – what Richards calls “the oil of the solar system”, because it is vital for life support and rocket fuel – lunar resources will almost certainly be used first to support further space exploration. It makes much more sense to launch a manned mission to Mars from the moon than from earth: that way overcomes the difficulties of escaping our planet’s gravity. Operators of fusion-powered Mars probes, crewed by astronauts from a lunar base, are the most likely customers of the first lunar industries. It remains to be seen whether we will be happy with any of that, Holdaway says. “Will this be acceptable to the rest of world? I don’t think anyone really knows the answer to that.”

Michael Brooks is the New Statesman’s science columnist

Michael Brooks holds a PhD in quantum physics. He writes a weekly science column for the New Statesman, and his most recent book is At the Edge of Uncertainty: 11 Discoveries Taking Science by Surprise.

This article first appeared in the 19 February 2014 issue of the New Statesman, The Space Issue

BRIAN ADCOCK FOR NEW STATESMAN
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Divided Britain: how the EU referendum exposed Britain’s new culture war

The EU referendum exposed a gaping fault line in our society – and it’s not between left and right.

There are streets in Hampstead, the wealthy northern suburb of London, where the pro-EU posters outnumber cars. A red “Vote Remain” in one. A “Green Yes” in another. The red, white and blue flag of the official campaign sits happily next to a poster from the left-wing campaign Another Europe Is Possible proclaiming that the world already has too many borders.

If you were looking for an equivalent street in Hull, in the north of England, you would look for a long time. In the city centre when I visited one recent morning, the only outward evidence that there was a referendum going on was the special edition of Wetherspoon News plastered on the walls of the William Wilberforce pub in Trinity Wharf. Most of the customers agreed with the message from the chain’s founder, Tim Martin: Britain was better off outside the European Union.

“Far too much Hampstead and not enough Hull” – that was the accusation levelled at the Remain campaign by Andy Burnham in the final weeks of the campaign. He wasn’t talking about geography; Remain’s voice is persuasive to residents of Newland Avenue in Hull, where I drank a latte as I eavesdropped on a couple who were fretting that “racists” would vote to take Britain out of the EU.

Rather, Burnham was talking about an idea, the “Hampstead” that occupies a special place in right-wing demonology as a haven of wealthy liberals who have the temerity to vote in the interests of the poor. The playwright and novelist Michael Frayn, in his 1963 essay on the Festival of Britain, called them “the Herbivores”:

“. . . the radical middle classes, the do-gooders; the readers of the News Chronicle, the Guardian, and the Observer; the signers of petitions; the backbone of the BBC . . . who look out from the lush pastures which are their natural station in life with eyes full of sorrow for less fortunate creatures, guiltily conscious of their advantages, though not usually ceasing to eat the grass.”

For Hampstead then, read swaths of Islington, Hackney, Brighton, Bristol, Cambridge, Edinburgh and Oxford today – all areas that were most strongly in favour of Remain and where Jeremy Corbyn is popular. But Remain never found a tone that won over the other half of Labour England; the campaign struck as duff a note among the diminishing band of pensioners on Hampstead’s remaining council estates as it did on Hull’s Orchard Park Estate.

The rift between “Hampstead and Hull”, in the sense that Andy Burnham meant it, is one that has stealthily divided Britain for years, but it has been brought into sharp focus by the debate over Europe.

Academics use various kinds of shorthand for it: the beer drinkers v the wine drinkers, or the cosmopolitans v the “left behind”. “It’s not just that [Britain] is div­ided between people who buy organic and people who buy own-brand,” says Philip Cowley, a professor of politics at Queen Mary University of London, “but between people who wouldn’t understand how anyone could buy own-brand and people who wouldn’t buy organic if you put a gun to their head.” Equating political preferences with shopping habits might sound flippant, but on 21 June the retail research company Verdict estimated that “half of Waitrose shoppers backed a Remain vote, against just over a third of Morrisons customers”.

The referendum has shown that there is another chasm in British politics, beyond left and right, beyond social conservatism v liberalism, and beyond arguments about the size of the state. The new culture war is about class, and income, and education, but also about culture, race, nationalism and optimism about the future (or lack of it). This divide explains why Ukip’s message has been seductive to former Labour voters and to Tories, and why Boris Johnson, an Old Etonian, led a campaign that purported to despise “elites” and “experts” and spoke of “wanting our country back”.

***

At the start of the campaign, the question that most accurately predicted whether you would back Remain or Leave was consistently: “Are you a graduate?” (Those who answered yes were much more likely to vote in favour of staying in the EU.) Stronger In never found a way to change that and win over those who left education at 18 or earlier. Pollsters also suggested that the much-vaunted Euroscepticism of older voters reflects generations where only one in ten people went to university.

This fissure has been growing for the best part of a decade and a half, but Britain’s first-past-the-post system, which deters newcomers and maintains entrenched parties, has provided a degree of insulation to Labour that its European cousins have lacked. Yet even here in the UK the mid-Noughties brought the brief rise of the British National Party, powered by voter defections from Labour in its strongholds in east London and Yorkshire, as well as the election of the Greens’ first MP on the back of progressive disillusionment with the governments of Tony Blair and Gordon Brown.

In office, both Blair and Brown calculated, wrongly, that Labour’s core vote had “nowhere else to go”. In opposition under Ed Miliband, the party calculated, again wrongly, that discontent with immigration, and the rise of Ukip powered by that discontent, was a problem for the Conservative Party alone.

In a 2014 pamphlet for the Fabian Society, ­Revolt on the Left, the activist Marcus Roberts, the academic Rob Ford and the analyst Ian Warren warned that Labour had “few reasons to cheer about the Ukip insurgency and plenty to worry about”. When the votes were cast in the general election the following year, that prediction turned out to be dispiritingly accurate. Defections from Labour to Ukip led to Labour losing seats to the Conservatives in Gower, Southampton Itchen, Telford and Plymouth Moor View.

For the most part, however, first-past-the-post papered over the cracks in Labour’s broad coalition: cracks that, in the harsh light of the EU referendum, have become obvious. The divide isn’t simply one of class, or income. The social profile and culture of voters in Cumbria are no different from that of voters on the other side of the border – but Scots in the Borders backed a Remain vote while their English peers in the border areas opted for Brexit. Inhospitality towards Brexit proved a stronger indication of city status than a mere cathedral: Vote Leave generally found Britain’s great cities more difficult terrain than the surrounding towns and countryside.

The problem of the fracturing vote is particularly acute for the Labour Party, which for much of the 20th century was able to rely on the Herbivores. In concert with Frayn’s “less fortunate creatures”, they have been enough to guarantee Labour close to 250 seats in the House of Commons and roughly one-third of the popular vote, even in difficult years. But Britain’s EU referendum placed Hampstead and Hull on opposing sides for the first time in modern British political history.

It was Tony Blair who, in his final speech to the Trades Union Congress as Labour leader in September 2006, said that the new debate in politics was not left against right, but “open v closed” – openness to immigration, to diversity, to the idea of Europe. Driven by their commitment to openness, Blair’s outriders dreamed of reshaping Labour as a mirror of the US Democrats – though, ironically, it was Ed Miliband, who repudiated much of Blair’s approach and politics, who achieved this.

At the 2015 election Labour’s coalition was drawn from the young, ethnic minorities and the well educated: the groups that powered Barack Obama’s two election wins in 2008 and 2012. The party was repudiated in the Midlands, went backwards in Wales and was all but wiped out in the east of England. (Scotland was another matter altogether.) Its best results came in Britain’s big cities and university towns.

The Remain campaign gave Labour a glimpse of how Miliband’s manifesto might have fared without the reassuring imprimatur of a red rosette. Britain Stronger In Europe has been rejected in the Midlands and struggled in the east of England. But it also failed to inspire passion in Sunderland, Oldham and Hull – all areas that, for now, return Labour MPs.

***

In appearance, Hull’s city centre is built on blood and sandstone, dotted with memorials to a lost empire and postwar replacements for bombed buildings, all ringed by suburban housing built by the private sector in the 1930s and the state in the 1950s and 1960s. It could be Bristol without the excessive hills, or a smaller Glasgow with a different accent. Unlike in Glasgow or Bristol, however, the residents of Hull are largely hostile to the European Union. Unlike Glasgow and Bristol, Hull is a post-imperial city that has yet to experience a post-colonial second act.

The William Wilberforce is named after a native son who helped destroy the British slave trade, the engine of Hull’s prosperity in the 18th century. The destruction of another local industry – fishing – drives resentment among the pub’s ageing clientele, who were there for breakfast and a bit of company when I visited. They blame its demise squarely on the EU.

Although the Labour Party now has only one MP in Scotland, the back rooms of the labour movement host an outsized Scottish contingent. For that reason – and the continuing threat that the loss of Labour’s seats in Scotland poses to the party’s chances of winning a majority at Westminster – the Scottish independence referendum of 2014 loomed large for Labour throughout the EU campaign.

From the outset, Britain Stronger In struggled to replicate the success of the Scottish No campaign, in part because the price of victory was one that Labour regarded as too high to pay a second time. In Glasgow, in the week before the Scottish referendum, everyone knew where Labour stood on independence – consequently, many voters were already planning to take revenge. The proprietor of one café told me that Labour was “finished in this city, for ever”.

Predictions of this sort were thin on the ground in Hull. Alan Johnson, the head of Labour’s EU campaign, is one of the three Labour MPs whom Hull sent to Westminster in 2015. But even late in the campaign, in his own constituency, I found uncertainty about the party’s official position on the referendum. For that reason, if nothing else, it didn’t have the feeling of a city preparing to break with a half-century-plus of Labour rule, as Glasgow did in 2014. In Scotland, most people I spoke to believed that they were on the brink of independence, which made the eventual result a big blow.

Only among Hull’s pro-European minority could I find any conviction that Britain might actually leave the EU. In September 2014 Kenneth Clarke remarked that Ukip’s supporters were “largely . . . the disappointed elderly, the grumpy old men, people who’ve had a bit of a hard time in life”. To listen to Hull’s Leave voters is to hear tales of the same frustrated potential: they feel that politicians of all stripes have lives entirely removed from theirs. In their defence, they are right – just 4 per cent of MPs in 2010 were from working-class backgrounds.

As for Ken Clarke, he has carved out a second career as every left-winger’s favourite Tory, but that tone of indifference towards the “disappointed lives” of globalisation’s casualties recalls his younger days as a rising star of Margaret Thatcher’s government.

Hull’s residents have been dismissed, first as the regrettable but inevitable consequence of Thatcherite economics, and now as small-minded opponents of social progress and racial diversity. Unsurprisingly, people who feel that their wishes have been ignored and in some cases actively squashed by successive governments of left and right did not expect to wake up on the morning of 24 June to discover that this time, their votes really had changed something.

Equally unsurprisingly, the Remain campaign’s warnings of economic collapse lacked force for people for whom the world’s end had been and gone.

In Glasgow in 2014 Scottish independence was a question of identity in itself, whereas in Hull, hostility towards Europe is the by-product of other identities that feel beleaguered or under threat: fishing, Englishness and whiteness, for the most part.

In Hampstead, a vote for Remain feels more like a statement about the world as you see it. One woman, who walks off before I can probe further, tells me: “Of course I’m voting to stay In. I buy Fairtrade.”

***

Immigration, not the European Union, is the issue that moves voters in Hull. “Britain is full” was the most frequent explanation they gave for an Out vote. Knowing that immigration, rather than the abstract question of sovereignty, would be crucial to winning the contest, Vote Leave tried from the beginning to make it a referendum on border control. Leave’s main theme: the threat of Turkey joining the European Union and, with it, the prospect of all 75 million Turks gaining the right to live and work in Britain.

Although Turkey’s chances of joining the EU are somewhere only just north of its hopes of launching a manned mission to Mars, the tactic worked: according to an ­Ipsos MORI poll released on the morning of 16 June, 45 per cent of Britons believed that Turkey will be fast-tracked into the Union.

That same morning, Nigel Farage posed in front of a poster showing refugees – mostly from Syria and most of them non-white – on the border between Croatia and Slovenia, with a slogan warning that uncontrolled immigration was leaving Britain at “breaking point”. But the row over the poster came to an unpleasant halt just a few hours later as news began to break that Jo Cox, the Labour MP for Batley and Spen, had been shot and stabbed on her way out of a constituency surgery. She died of her injuries a little over an hour later. On 19 June Thomas Mair, who was arrested in connection with the killing, gave his name at Westminster Magistrates’ Court as “Death to traitors, freedom for Britain”.

The circumstances of the killing felt familiar. A little after midnight on 5 June 1968, Robert Kennedy was returning to the Ambassador Hotel in Los Angeles in high spirits. He had just won a crucial victory in the California primary and was well placed to secure the Democratic nomination to run in that year’s presidential election. Going through the kitchen in order to avoid cheering crowds and get straight to his press conference, he was ambushed by a man called Sirhan Sirhan, who fired six shots from a revolver. Kennedy was rushed to hospital, where he died early the following morning.

Five months later Richard Nixon was elected president. The American right held on to the White House for 20 years out of the next 25. Jo Cox’s killing, amid the nativist howling from Farage et al, felt like the beginning of a similar chapter of right-wing advance in the UK.

Labour’s problem, and that of its social-democratic cousins throughout Europe, is the same as the American left’s was in the 1960s. Its founding coalition – of trade unions, the socially concerned middle classes and minorities, ethnic and cultural – is united (barely) on economic issues but irrevocably split on questions of identity. Outside crisis-stricken Greece and Spain, the left looks trapped in permanent opposition, with no politician able to reconsolidate its old base and take power again.

***

When I arrive in Hull, preparations are under way for a vigil in Jo Cox’s honour, but it is the nation of Turkey that is weighing on the minds of undecided voters. On Park Street, residents are divided. Those who have exercised their right to buy and are concerned about their mortgages are flirting with an Out vote but are terrified about negative equity. Those who remain in social housing or the private rented sector are untouched by stories of soaring mortgages. To many residents, the Treasury’s dire warnings seem to be the concerns of people from a different planet, not merely another part of the country. As Rachel, a woman in her mid-fifties who lives alone, puts it: “They say I’d lose four grand a month. I don’t know who they think is earning four grand a month but it certainly isn’t me.”

As Vote Leave knew, the promise that an Out vote will allow people to “take control” always had a particular appeal for those with precious little control – of their rent, of next week’s shift, of whether or not they will be able to afford to turn the heating on next week. Never mind that the control envisaged by Vote Leave would be exercised by the conservative right: the campaign found a message that was able to resonate across class and region, at least to an extent that could yet create a force to be reckoned with under first-past-the-post in Britain.

Four grand a month isn’t a bad salary, even in leafy Hampstead, but in that prosperous corner of north London fears of an Out vote, and what will come after, gained a tight purchase. The worry was coupled with resentment, too, over what would come, should the Outers triumph.

The great risk for the left is that herbivorous resentment is already curdling into contempt towards the people of Hull and the other bastions of Brexitism. That contempt threatens the commodity on which Labour has always relied to get Hull and Hampstead to vote and work together – solidarity. The referendum leaves the Conservatives divided at Westminster. That will give little comfort to Labour if the long-term outcome of the vote is to leave its own ranks divided outside it.

 

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics. 

This article first appeared in the 23 June 2016 issue of the New Statesman, Divided Britain