Chapter · 31:18-33:04

Why maritime precedent may shape future space law

The Martian's piracy joke introduces a discussion of how maritime precedent might inform imagined rules for space.

Notes

Maritime precedent supplies a proposed analogy for activity in space beyond national territory. Alex Clarke characterizes maritime law as largely unwritten and heavily dependent on precedent, using a provocative pair of ninety-percent estimates to express that view. He suggests that its concepts offer a starting point for imagining space law, while both participants acknowledge some existing provisions for space. The Martian provides the fictional illustration: taking over a vessel away from national territory becomes a joke about being a pirate on Mars. He recalls using the analogy to prompt a classroom discussion.