Space Law in the 21st Century

Abstract

As we move further into the 21st century, space law will have greater impacts on every developed country in the world. Since the dawn of the space age, space law has grown and evolved into a practice across the country and various nations spanning the globe. From military applications, resource protection, telecommunications and scientific research, more and more assets have been placed in outer space. As the starry skies above the Earth become increasingly crowded with manmade contraptions, there will be increased emphasis on the order that space law affords.

On October 4, 1957, the Soviet Union launched the Sputnik 1 satellite into low earth orbit, sparking the burgeoning space race. This singly significant event began an era of military, political, scientific, and technological developments commonly known as the Space Age. As the Space Age moved into the sixties, and more satellites and orbital missions were created and launched, it became evident that some type of political or legal framework needed to be put in place. Thus, the first of five treaties to comprise the backbone of space law were enacted during this decade.

Outer space is an exceptionally important area and due to its very nature, "holds the potential for significant benefits and dangers" (UNOOSA 2006). In the beginning, it seemed as though only military applications were being explored as the two top space faring nations, the Soviet Union and the United States, began a race to see who could put the first man in orbit and then, eventually on the moon. The hope of some was that whoever could lay claim to the moon's surface would have a distinct strategic advantage in the event of all out war. While this proposed stratagem proved to be too costly to be feasible, it did foster unprecedented technological advances into space exploration and the application of those technologies for human benefit.

The potential for the abuse or monopolization of near-earth space was recognized early on in the fledgling space race. To that end, the Committee on the Peaceful Uses of Outer Space (COPUOS) was formed by the United Nations in 1959. Additionally, COPUOS created two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee. The COPUOS Legal subcommittee is the preeminent assembly for the presentation, discussion, and formulation of space-related international accords and agreements. To date, there have been five internationally accepted treaties brokered by the COPUOS Legal Subcommittee. These five international agreements form the legal guidelines for all space operations of every country on the planet.

According to the Unite Nations Office of Outer Space Affairs (UNOOSA), "the primary goals of space law are to ensure a rational, responsible approach to the exploration and use of outer space for the benefit and in the interests of all humankind" (UNOOSA 2006). The five international treaties cover the gamut of the uses for outer space and are in place to ensure that countries and agencies adhere to the legal system in using the outer space and near-earth environment. They specifically 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" (UNOOSA 2011).

The first of the treaties brokered by UNOOSA was 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, also known as The Outer Space Treaty. According to the National University of Singapore, the agreement was adopted by the UN General Assembly through Resolution 2222 (XXI) on 19 December 1966 in New York, USA, was later opened for signature in the cities of London, Moscow and Washington and put in force on October 10, 1967. This treaty forms the basic legal framework of all international space law. Chief among the principles in this treaty is the prohibition of placing weapons of mass destruction in earth orbit, placing them on the moon or other celestial body, or otherwise stationing them in outer space. Secondly, no one can test weapons, build bases or fortifications, nor conduct military maneuvers. The treaty explicitly limits the uses of the moon and other celestial bodies for peaceful purposes and prohibits any nation from claiming any celestial resource as its own, citing Common Heritage and that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means" (Frakes 2003). It also affords provision for retention and control for any state that launches an asset into outer space, while holding that state liable for any damages caused by the object or contamination to the celestial environment.

In 1968, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space was enacted. This treaty also called The Rescue Agreement came into force on December 3, 1968. This agreement sets forth the rights and obligations concerning the rescue of persons in space. It requires that any state party that becomes aware that the personnel of a spacecraft are in distress must notify the launching authority and the Secretary General of the United Nations. The Rescue Agreement primarily provides that any state signing and/or ratifying the agreement must provide all possible assistance to rescue personnel of a spacecraft that has landed within that state's territory, due to an accident, distress, emergency, or unintended landing. It also provides that, in the event that said spacecraft lands outside the territory of any state that is party to the agreement, then any state in a position to provide assistance shall do so.

Additionally, The Rescue Agreement provides for the recovery of space objects that land in another nation's territory. The recovering nation has a duty to contact the launch authority to arrange pick up of its property. However, the origin nation must compensate the recovering state for expenses incurred while gathering the object. According to Marcia Dunn, a writer for space.com, after the space shuttle Columbia disaster, NASA took steps to provide a Launch on Need shuttle