Space law is an area of the
law that encompasses national and
international law governing activities in
outer space.
International lawyers have been unable to agree on a uniform definition
of the term "outer space", although most lawyers agree that outer space
generally begins at the lowest altitude above sea level at which
objects can orbit the
Earth, approximately 100 km (60 mi).
The inception of the field of space law began with the launch of the world's first artificial satellite by the
Soviet Union in October 1957. Named
Sputnik 1, the satellite was launched as part of the
International Geophysical Year.
Since that time, space law has evolved and assumed more importance as
mankind has increasingly come to use and rely on space-based resources.
Early developments
Beginning in 1957, nations began discussing systems to ensure the peaceful use of outer space.
[1][2] Bilateral discussions between the United States and USSR in 1958 resulted in the presentation of issues to the UN for debate.
[1][3][4] In 1959, the UN created the
Committee on the Peaceful Uses of Outer Space (COPUOS).
[5]
COPUOS in turn created two subcommittees, the Scientific and Technical
Subcommittee and the Legal Subcommittee. The COPUOS Legal Subcommittee
has been a primary forum for discussion and negotiation of international
agreements relating to outer space.
International treaties
Five international treaties have been negotiated and drafted in the COPUOS:
- The 1967 Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies (the "Outer Space Treaty").
- The 1968 Agreement on the Rescue of Astronauts, the Return of
Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement").
- The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention").
- The 1975 Convention on Registration of Objects Launched into Outer Space (the "Registration Convention").
- The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Treaty").
The outer space treaty is the most widely adopted treaty, with 100 parties.
[6]
The rescue agreement, the liability convention and the registration
convention all elaborate on provisions of the outer space treaty. UN
delegates apparently intended
[according to whom?]
that the moon treaty serve as a new comprehensive treaty which would
supersede or supplement the outer space treaty, most notably by
elaborating upon the outer space treaty's provisions regarding resource
appropriation and prohibition of territorial sovereignty.
[7] The moon treaty has only 13 parties however, and many consider it to be a failed treaty due to its limited acceptance.
[6]
India is the only nation that has both signed the moon treaty and
declared itself interested in going to the moon. India has not ratified
the treaty; an analysis of India's treaty law is required to understand
how this affects India legally.
[8]
In addition, the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water ("
Partial Test Ban Treaty") banned the testing of nuclear weapons in outer space.
International principles and declarations
The five 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."
[9]
The United Nations General Assembly adopted five declarations and
legal principles which encourage exercising the international laws, as
well as unified communication between countries. The five declarations
and principles are:
- The Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963)
- All space exploration will be done with good intentions and is
equally open to all States that comply with international law. No one
nation may claim ownership of outer space or any celestial body.
Activities carried out in space must abide by the international law and
the nations undergoing these said activities must accept responsibility
for the governmental or non-governmental agency involved. Objects
launched into space are subject to their nation of belonging, including
people. Objects, parts, and components discovered outside the
jurisdiction of a nation will be returned upon identification. If a
nation launches an object into space, they are responsible for any
damages that occur internationally.
- The Principles Governing the Use by States of Artificial Earth
Satellites for International Direct Television Broadcasting (1982)
- Activities of this nature must be transpire in accordance with the
sovereign rights of States. Said activities should "promote the free
dissemination and mutual exchange of information and knowledge in
cultural and scientific fields, assist in educational, social and
economic development, particularly in the developing countries, enhance
the qualities of life of all peoples and provide recreation with due
respect to the political and cultural integrity of States." All States
have equal rights to pursue these activities and must maintain
responsibility for anything carried out under their boundaries of
authority. States planning activities need to contact the
Secretary-General of the United Nations with details of the undergoing activities.
- The Principles Relating to Remote Sensing of the Earth from Outer Space (1986)
- Fifteen principles are stated under this category. The basic
understanding comes from these descriptions given by the United Nations
Office for Outer Space Affairs:
- (a) The term "remote sensing" means the sensing of the Earth's
surface from space by making use of the properties of electromagnetic
waves emitted, reflected or :diffracted by the sensed objects, for the
purpose of improving natural resources management, land use and the
protection of the environment;
- (b) The term "primary data" means those raw data that are acquired
by remote sensors borne by a space object and that are transmitted or
delivered to the ground :from space by telemetry in the form of
electromagnetic signals, by photographic film, magnetic tape or any
other means;
- (c) The term "processed data" means the products resulting from the
processing of the primary data, needed to make such data usable;
- (d) The term "analysed information" means the information resulting
from the interpretation of processed data, inputs of data and knowledge
from other sources;
- (e) The term "remote sensing activities" means the operation of
remote sensing space systems, primary data collection and storage
stations, and activities in :processing, interpreting and disseminating
the processed data.[10]
- The Principles Relevant to the Use of Nuclear Power Sources in Outer Space (1992)
- "States launching space objects with nuclear power sources on board
shall endeavour to protect individuals, populations and the biosphere
against radiological hazards. The design and use of space objects with
nuclear power sources on board shall ensure, with a high degree of
confidence, that the hazards, in foreseeable operational or accidental
circumstances, are kept below acceptable levels..."
- 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)
- "States are free to determine all aspects of their participation in
international cooperation in the exploration and use of outer space on
an equitable and mutually acceptable basis. All States, particularly
those with relevant space capabilities and with programmes for the
exploration and use of outer space, should contribute to promoting and
fostering international cooperation on an equitable and mutually
acceptable basis. In this context, particular attention should be given
to the benefit for and the interests of developing countries and
countries with incipient space programmes stemming from such
international cooperation conducted with countries with more advanced
space capabilities. International cooperation should be conducted in the
modes that are considered most effective and appropriate by the
countries concerned, including, inter alia, governmental and
non-governmental; commercial and non-commercial; global, multilateral,
regional or bilateral; and international cooperation among countries in
all levels of development."
Consensus
The
United Nations Committee on the Peaceful Uses of Outer Space and its Scientific and Technical and Legal Subcommittees operate on the basis of consensus,
i.e.
all delegations from member States must agree on any matter, be it
treaty language before it can be included in the final version of a
treaty or new items on Committee/Subcommittee's agendas. One reason that
the U.N. space treaties lack definitions and are unclear in other
respects, is that it is easier to achieve consensus when language and
terms are vague. In recent years, the Legal Subcommittee has been unable
to achieve consensus on discussion of a new comprehensive space
agreement (the idea of which, though, was proposed just by a few member
States). It is also unlikely that the Subcommittee will be able to agree
to amend the Outer Space Treaty in the foreseeable future. Many space
faring nations seem to believe that discussing a new space agreement or
amendment of the Outer Space Treaty would be futile and time consuming,
because entrenched differences regarding resource appropriation,
property rights and other issues relating to commercial activity make
consensus unlikely.
1998 ISS agreement
In addition to the international treaties that have been negotiated at the United Nations, the nations participating in the
International Space Station have entered into the
1998 Agreement among the governments of
Canada, Member States of the
European Space Agency,
Japan,
Russian Federation, and the
United States of America concerning cooperation on the Civil International Space Station (the "
Space Station Agreement"). This Agreement provides, among other things, that
NASA
is the lead agency in coordinating the member states' contributions to
and activities on the space station, and that each nation has
jurisdiction over its own module(s). The Agreement also provides for
protection of intellectual property and procedures for criminal
prosecution. This Agreement may very well serve as a model for future
agreements regarding international cooperation in facilities on the Moon
and Mars, where the first off-world colonies and scientific/industrial
bases are likely to be established.
[11]
National law
Space law also encompasses national laws, and many countries have
passed national space legislation in recent years. The Outer Space
Treaty requires parties to authorize and supervise national space
activities, including the activities of non-governmental entities such
as commercial and non-profit organizations. The Outer Space Treaty also
incorporates the
UN Charter
by reference, and requires parties to ensure that activities are
conducted in accordance with other forms of international law such as
customary international law (the custom and practice of states).
The advent of commercial space activities beyond the scope of the
satellite communications industry, and the development of many
commercial spaceports, is leading many countries
[which?] to consider how to regulate private space activities.
[12]
The challenge is to regulate these activities in a manner that does not
hinder or preclude investment, while still ensuring that commercial
activities comply with international law. The developing nations are
concerned that the space faring nations will monopolize space resources.
[12] However this may be resolved by simply extending the
United Nations Convention on the Law of the Sea to outer space.
[13]
Geostationary orbit allocation
Satellites in
geostationary orbit
must all occupy a single ring above the equator, approximately
35,800 km into space. The requirement to space these satellites apart
means that there is a limited number of orbital "slots" available, thus
only a limited number of satellites can be placed in geostationary
orbit. This has led to conflict between different countries wishing
access to the same orbital slots (countries at the same
longitude but differing
latitudes). These disputes are addressed through the
ITU allocation mechanism.
[14]
Countries located at the Earth's equator have also asserted their legal
claim to control the use of space above their territory,
[15] notably in 1976, when many countries located at the Earth's equator created the
Bogota Declaration, in which they asserted their legal claim to control the use of space above their territory.
[16]
Future
American Society of International Law Space Interest Group 2014 Board meeting
While this field of the law is still in its infancy, it is in an era
of rapid change and development. Arguably the resources of space are
infinite. If commercial space transportation becomes widely available,
with substantially lower launch costs, then all countries will be able
to directly reap the benefits of space resources. In that situation, it
seems likely that consensus will be much easier to achieve with respect
to commercial development and human settlement of outer space. High
costs are not the only factor preventing the economic exploitation of
space: it is argued that space should be considered as a pristine
environment worthy of protection and conservation, and that the legal
regime for space should further protect it from being used as a resource
for Earth's needs.
[17][18]
Debate is also focused on whether space should continue to be legally
defined as part of the “common heritage of man,” and therefore
unavailable for national claims, or whether its legal definition should
be changed to allow private property in space.
[17][19][20]
Michael Dodge, of
Long Beach, Mississippi, is the first law school graduate to receive a space law certificate in the United States.
[21][22] Dodge graduated from the
National Center for Remote Sensing, Air and Space Law at the
University of Mississippi School of Law in 2008.
[23][24]
The
University of Sunderland is the first UK University to offer a space law module as part of its
LLB programme.
[citation needed] [25]
The
University of Nebraska College of Law offers the U.S.’s first and only LL.M. in space and telecommunications law.
[26]
Professor Frans von der Dunk, former Director of space law research at
Leiden University joined the program in 2007. In addition to the LL.M.,
students can earn a J.D. at Nebraska Law with an emphasis in space and
telecommunications law. The program also hosts three space and
telecommunications conferences each year
[27][full citation needed]
For more than 10 years, the
University of Paris-Sud with the
Institute of Space and Telecommunications Law
have offered a Master's degree in Space Activities and
Telecommunications Law. This Master is supported by numerous companies
of space and telecommunications sectors.
[28]
In August 2012, students at the
University of the Pacific, McGeorge School of Law in Sacramento, California created the
McGeorge Society for Space Law and Policy.
[citation needed]
In September 2012, the Space Law Society (SLS) at the University of Maryland Francis King Carey School of Law was established.
[29]
A legal resources team united in Maryland, a "Space Science State,"
with Jorge Rodriguez, Lee Sampson, Patrick Gardiner, Lyra Correa and
Juliana Neelbauer as SLS founding members.
[30]
NASA's plans to capture an asteroid has raised questions about how space law would be applied in practice.
[31]
See also
References
- inesap.org Peaceful Uses of Outer Space and International Law.
- UN website UN Resolution 1148 (XII).
- Google books Nuclear Weapons and Contemporary International Law N.Singh, E. WcWhinney (p.289)
- UN website UN Resolution 1348 (XIII).
- "United Nations Committee on the Peaceful Uses of Outer Space". United Nations Office for Outer Space Affairs.
- "ADL Legal".
- "Journal of Space Law". Journal of Space Law 2. 1974.
- "Space Law".
- United Nations Office for Outer Space Affairs. "United Nations Treaties and Principles on Space Law.". Retrieved 16 February 2011.
- "United Nations Office for Outer Space Affairs".
- "Space Law and Space Resources".
- "Space Law".
- Wong, Kristina. "Rumsfeld still opposes Law of Sea Treaty." The Washington Times, June 14, 2012.
- [1][dead link]
- ESA - ECSL European Centre for Space Law - Geostationary Orbit. Legal issues
- Thompson, J. (1996)
Space for rent: the International Telecommunications Union, space law,
and orbit/spectrum leasing, Journal of Air Law and Commerce, 62, 279-311
- Billings,
L. (2006) To the Moon, Mars, and beyond: culture, law, and ethics in
space-faring societies, Bulletin of Science, Technology & Society,
26(5), 430-437
- Lee, K. (1994) Awe
and humility: intrinsic value in nature – beyond an earthbound
environmental ethics, in: Attfield, R. & Belsey, A. Philosophy and
the Natural Environment, Cambridge: Cambridge University Press, 89-101
- Fountain, L. (2003)
Creating the momentum in Space: ending the paralysis produced by the
“Common a Heritage of Man” doctrine, Connecticut Law Review, 35(4),
1753-1787
- Pop, Virgiliu (2009). Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership. Space Regulations Library. Springer. ISBN 978-1-4020-9134-6.
- //www.thedmonline.com/2.2838/um-space-law-only-of-its-kind-1.107176 The Daily Mississippian: UM space law only of its kind]
- "Deccan Herald: Beyond the blue yonder". Archived from the original on 2009-05-07.
- Space.com: First Space Lawyer Graduates - Posted May 8, 2008; Accessed May 13, 2008
- Law Graduation Includes First-Time Certificate in Space Law, Newswise, May 8, 2008
- "A Space Odyssey to the University Of Sunderland".
- // posted by Lawyer Gaga @ 6:58 PM. "Space Law Probe: Nebraska Space Law Program to Liftoff". Spacelawprobe.blogspot.com. Retrieved 2013-03-12.
- "Space, Cyber, and Telecommunications Law | University of Nebraska–Lincoln". Spaceandtelecomlaw.unl.edu. Retrieved 2013-03-12.
- "Partenaires
M2 Droit des Activités Spatiales et des Télécommunications & IDEST -
IDEST - Institut du Droit de l'Espace et des Télécoms". Idest-paris.org. Retrieved 2013-03-12.
- by P.J. Blount. "New Space Law Society | Res Communis". Rescommunis.olemiss.edu. Retrieved 2013-03-12.
- http://www.choosemaryland.org/industry/documents/spacefullreport.pdf
- David, Leonard (August 30, 2013). "Is NASA's Plan to Lasso an Asteroid Really Legal?". Space.com. Retrieved February 20, 2014.
External links
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