Tournament: CPS | Round: 2 | Opponent: Harker SSh | Judge: Vishal Sivamani
1AC – Public Trust
1AC – Heritage
Advantage 1 is Heritage:
Absent agreement on property and mining rights---conflict over resources is inevitable
John Myers 16, 2017 J.D. Candidate, University of San Diego School of Law, Extraterrestrial Property Rights: Utilizing the Resources of the Final Frontier, San Diego International Law Journal, Volume 18, Page 77–128, 2016, Accessed via Hein Online
The doctrine of discovery is a “top-down” approach to the acquisition
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and multilateral agreements with almost every nation capable of exploiting the deep seabed.
Preservation based approach to property that decouples commercial space mining from research is key to prevent conflict and create sustainable mining
Ramin Skibba 16, Formerly Assistant Project Scientist and Lecturer at the Center for Astrophysics and Space Sciences at the University of California, San Diego, Journalist, 4-19-2016, Mining in Space Could Lead to Conflicts on Earth, Nautilus, http://nautil.us/blog/mining-in-space-could-lead-to-conflicts-on-earth
For one thing, it appears to violate international law, according to Congressional testimony
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should explore the solar system as its steward without repeating our economically rapacious past
Asteroid mining solves rare earth mineral shortages, resource conflicts, and toxic waste
Kevin MacWhorter 16, J.D. Candidate, William and Mary Law School, "Sustainable Mining: Incentivizing Asteroid Mining in the Name of Environmentalism", William and Mary Environmental Law and Policy Review, Vol 40, Issue 2, Article 11, https://scholarship.law.wm.edu/cgi/viewcontent.cgi?referer=https://www.google.com/andhttpsredir=1andarticle=1653andcontext=wmelpr
A. Rare Element Mining on Earth
In the next sixty years, scientists
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of mining need not be sacrificed for the sake of the environment.38
Mineral shortages prevent the transition to clean energy needed to solve warming
Nafeez Ahmed 18, DPhil in international relations from the School of Global Studies at Sussex University, an investigative journalist and international security scholar, Dec 12 2018, "We Don't Mine Enough Rare Earth Metals to Replace Fossil Fuels With Renewable Energy", Vice, https://www.vice.com/en_us/article/a3mavb/we-dont-mine-enough-rare-earth-metals-to-replace-fossil-fuels-with-renewable-energy
A new scientific study supported by the Dutch Ministry of Infrastructure warns that the renewable
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electric cars and even copper wiring could face supply shortages in coming decades.
Warming causes extinction
Peter Kareiva 18, Ph.D. in ecology and applied mathematics from Cornell University, director of the Institute of the Environment and Sustainability at UCLA, Pritzker Distinguished Professor in Environment and Sustainability at UCLA, et al., September 2018, “Existential risk due to ecosystem collapse: Nature strikes back,” Futures, Vol. 102, p. 39-50
In summary, six of the nine proposed planetary boundaries (phosphorous, nitrogen,
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complete scientific understanding when it comes to positive feedback loops and climate change.
Conflicts coming over water scarcity---extinction
Daniel Darling 19, senior international military markets analyst at Forecast International Incorporated, an aerospace and defense consulting firm located in Newtown, Connecticut, where he covers the Europe and Asia-Pacific markets, “The Coming Wars over Water,” The National Interest, 4/14/19, https://nationalinterest.org/blog/buzz/coming-wars-over-water-52147
But another looming issue confronting global leaders involves the earth’s most precious resource: water
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the world would be left scrambling to mediate the crisis at zero hour.
1AC – Solvency
Plan: States ought to apply the principles of the Public Trust Doctrine to outer space as well as the limited use of private property management claims
Babcock 19 Hope M. Babcock, Professor Babcock served as general counsel to the National Audubon Society from 1987-91 and as deputy general counsel and Director of Audubon’s Public Lands and Water Program from 1981-87. Previously, she was a partner with Blum, Nash and Railsback, where she focused on energy and environmental issues, and an associate at LeBoeuf, Lamb, Leiby and MacRae where she represented utilities in the nuclear licensing process. From 1977-79, she served as a Deputy Assistant Secretary of Energy and Minerals in the U.S. Department of the Interior. Professor Babcock has taught environmental and natural resources law as a visiting professor at Pace University Law School and as an adjunct at the University of Pennsylvania, Yale, Catholic University, and Antioch law schools. Professor Babcock was a member of the Standing Committee on Environmental Law of the American Bar Association, and served on the Clinton-Gore Transition Team, 2019, Syracuse Law Review, https://scholarship.law.georgetown.edu/facpub/2201 simha
-CPR is ‘common pool resource’
The PTD offers both an approach for
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regime from another, private property, enabled by application of the PTD.
The plan is the only sustainable solution that’s consistent with international law and allows for private development of resources
Babcock 19 Hope M. Babcock, Professor Babcock served as general counsel to the National Audubon Society from 1987-91 and as deputy general counsel and Director of Audubon’s Public Lands and Water Program from 1981-87. Previously, she was a partner with Blum, Nash and Railsback, where she focused on energy and environmental issues, and an associate at LeBoeuf, Lamb, Leiby and MacRae where she represented utilities in the nuclear licensing process. From 1977-79, she served as a Deputy Assistant Secretary of Energy and Minerals in the U.S. Department of the Interior. Professor Babcock has taught environmental and natural resources law as a visiting professor at Pace University Law School and as an adjunct at the University of Pennsylvania, Yale, Catholic University, and Antioch law schools. Professor Babcock was a member of the Standing Committee on Environmental Law of the American Bar Association, and served on the Clinton-Gore Transition Team, 2019, Syracuse Law Review, https://scholarship.law.georgetown.edu/facpub/2201 simha
“Only a legal system that accommodates both the human need for resources and the
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just profitable for a few, but will also be sustainable and equitable.
1AC – Norming
Advantage 2 is Norming:
Private business activity runs counter to basic international space law and poses a threat to legal norms
Paliouras 14 ZACHOS A. PALIOURAS, National and Kapodistrian University of Athens, International Law, Alumnus, 2014, The Non-Appropriation Principle: The Grundnorm of International Space Law, Leiden Journal of International Law, 27, pp 37-54 doi:10.1017/S0922156513000630 simha
- lato sensu is generally
- res communis omnium is common heritage of humankind
corpus
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that long ago have ceased to be constrained by our planet’s gravitational field.
It’s possible to establish people’s common heritage as customary international law
Khatwani 19 Naman Khatwani, Aspiring legal professional with a Bachelor’s Degree focused in Law from West Bengal National University of Juridical Sciences (NUJS). Accredited Mediator with proficiency and a keen interest in dispute resolution. Always looking to explore new ares of law and gather more experience.,2019 Common Heritage of Mankind for Outer Space, Astropolitics, DOI: 10.1080/14777622.2019.1638679 simha *we do not endorse the use of gendered language
- CHM is common heritage of mankind*
- Opninio juris is subjective obligation
Relevance
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not evidence that the principle is afforded a customary status in international law.
Only a strong space norms can solve space war --- malleable laws are key in outer space
Hart 21 Amalyah Hart, Amalyah Hart is a science journalist based in Melbourne, 11-19-2021, "Do we need new space law to prevent space war", Cosmos Magazine, https://cosmosmagazine.com/people/society/space-law-to-prevent-space-war/ simha
The week before last, a UN panel approved the creation of a working group
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optimistic. With a great deal of caution, cool heads will prevail.”
1AC---Util---Policy/K
The standard is maximizing expecting well being.
1 Actor specificity
---A Aggregation – every policy benefits some and harms others, which also means side constraints freeze action.
---B No act-omission distinction – choosing to omit is an act itself – governments actively decide not to act so there is no omission
2 Util is a lexical pre-requisite to any other framework: Threats to life preclude the ability for moral actors to effectively utilize and act upon other moral theories since they are in a constant state of crisis – that inhibits the ideal moral conditions which other theories presuppose.
3 Extinction first under any framework:
---A It precludes the possibility of any kind of moral value – we can’t confer value onto anything if we’re not alive.
---B Future generations means infinite magnitude – we have to look towards future lives too