For those of you interested in Outer Space - This article provides a brief overview of the current laws and regulations developed to date related to Outer Space, Inter-Planetary Exploration and Colonization, Mining Asteroids, Policing and Enforcement, Commercialization, Ownership and much more. As we gear up to become an Interplanetary species, we need to do a lot more thinking about these and the many other complex issues and challenges that may emerge over the coming century. Are you ready for some of your grandchildren to be working in space?
Background
& Definitions
The
origins of ‘space law’ date all the way back to 1919, with
international law recognizing each country's sovereignty over the
airspace directly above their territory, later reinforced at the
Chicago
Convention
on International Civil Aviation in 1944. The onset of domestic
space programs during the Cold War propelled the official creation of
initial international space policy by the International
Council of Scientific Unions.
The
Soviet Union's 1957 launch of the world's first artificial satellite,
Sputnik 1, directly spurred the US
Congress to pass the Space
Act, creating the National
Aeronautics and Space Administration
(NASA). Because
space exploration required crossing transnational boundaries, it was
during this era where space law became a field independent from
traditional aerospace law.
Space
law
- The
body of law governing space-related activities, encompassing both
international and domestic agreements, rules, and principles. Key
fields of law and
domains of interest that need to be included
within a comprehensive body of space law over the coming century
include:
commercial law, space
colonization and governance,
property and
ownership laws,
environmental law, mining,
health
care issues, liability
and insurance,
transportation, housing, labor laws, militarization
and weapons in space, criminal
law and law enforcement, ethics
and
much more.
- See
Wikipedia
on Space Law
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Key
international treaties on Outer Space that have been negotiated and
passed by COPUOS include:
- The 1963 “Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water”, called the "Partial Test Ban Treaty".
- The 1967 "Outer Space Treaty", the most widely adopted treaty agreed to by 104 nations.
- The 1968 “Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space”, referred to as the "Rescue Agreement".
- The 1972 “Convention on International Liability for Damage Caused by Space Objects”, commonly referred to as the "Liability Convention".
- The 1975 “Convention on Registration of Objects Launched into Outer Space”, called the "Registration Convention".
- The 1979 “Agreement Governing the Activities of States on
the Moon and Other Celestial Bodies”, referred to as the "Moon
Treaty".
These
key treaties and
agreements of international space law cover "non-appropriation
of outer space by any one country, arms control, the freedom of
exploration, liability for damage caused by space objects, the safety
and rescue of spacecraft and astronauts, the prevention of harmful
interference with space activities and the environment, the
notification and registration of space activities, scientific
investigation and the exploitation of natural resources in outer
space and the settlement of disputes.”
In
addition to the key treaties and agreements on international space
law, the UN
General Assembly has
also
adopted the
following declarations
and legal principles
that are described in
more detail at
Wikipedia on Space
Law. They
include:
- The Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963)
- Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979)
- The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982)
- The Principles Relating to Remote Sensing of the Earth from Outer Space (1986)
- The Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992)
- The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries (1996)
We
are now on the threshold of moving from a Type 0
Civilization to a Type I
Interplanetary Civilization.
(See
http://www.wikipedia.org/wiki/Kardashev_scale)
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Findings
& Selected Articles
Some
of the many other recent articles on Space Laws and Treaties that you
might want to explore further include:
-
Bring Space Law into the 21st Century
- What you need to know about the Laws of Space
- Who Owns the Moon? Law & Outer Space Treaties
- The Entrepreneur's Guide to Space Law
- The Game Has Changed: Why We Need New Rules for Space Exploration
NASA needs to update its rules on how to keep the Solar System clean
International treaty signed 50 years ago became the Backbone for Space Law
As Space Becomes a Busy Place, NASA Bolsters Its Planet Contamination Police
We urgently need a legal framework for Space Colonisation and Governance
- President Obama signs U.S. Commercial Space Launch Competitiveness Act
Planetary protection and Space Law - Space Legal Issues
Outer Space Treaties Didn't Anticipate the Privatization of Space Travel
- US to support International effort to set Rules of Behavior in Space
Conclusions
& Next Steps
The
following is a brief summary of some key conclusions, legal issues,
and next steps with regards to our civilization’s move into Outer
Space and and towards Interplanetary Exploration and Colonization.
- We are now on the threshold of moving from a Type 0: Earth-bound Civilization to a Type I: Interplanetary Civilization. (See http://www.wikipedia.org/wiki/Kardashev_scale)
- In a National Geographic article, Elon Musk estimates that a million people could be living and working on Mars and in Outer Space by 2060. Do a quick Internet search on Jobs in Outer Space, you may be surprised by what you find.
- A more comprehensive body of space law will be needed over the coming century addressing: commercial law, space colonization & governance, property & ownership laws, liability & insurance, militarization & weapons in space, criminal law & law enforcement, environmental issues, mining, health care, housing, labor laws, transportation issues, ethics and so much more.
If
you thought the rate of change was going to level off, forget it.
I’ve already been preparing my grandkids for the prospect of
working in the Space Industry – if not actually working off planet
in the coming century. Think about it.
Selected
Links
