Space law
Encyclopedia
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 (62 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.
(COPUOS). 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.
The outer space treaty is the most widely-adopted treaty, with 100 parties. The rescue agreement, the liability convention and the registration convention all elaborate on provisions of the outer space treaty. UN delegates apparently intended 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. The moon treaty has only 13 parties, and many consider it to be a failed treaty due to its limited acceptance. 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.
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.
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:
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 "[ftp://ftp.hq.nasa.gov/pub/pao/reports/1998/IGA.html 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.
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 to consider how to regulate private space activities. 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.
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. Countries located at the Earth's equator have also asserted their legal claim to control the use of space above their territory. In 1976, 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.
Michael Dodge, of Long Beach, Mississippi
, is the first law school graduate to receive a space law certificate in the United States. Dodge graduated from the National Center for Remote Sensing, Air and Space Law
at the University of Mississippi
School of Law in 2008.
The University of Sunderland
is the first UK University to offer a space law module as part of its LLB programme.
The University of Nebraska College of Law offers the U.S.’s first and only LL.M. in space and telecommunications law. 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
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
that encompasses national and international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
governing activities in outer space
Outer space
Outer space is the void that exists between celestial bodies, including the Earth. It is not completely empty, but consists of a hard vacuum containing a low density of particles: predominantly a plasma of hydrogen and helium, as well as electromagnetic radiation, magnetic fields, and neutrinos....
. 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
Earth
Earth is the third planet from the Sun, and the densest and fifth-largest of the eight planets in the Solar System. It is also the largest of the Solar System's four terrestrial planets...
, approximately 100 km (62 mi).
The inception of the field of space law began with the launch of the world's first artificial satellite by the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
in October 1957. Named Sputnik 1
Sputnik 1
Sputnik 1 ) was the first artificial satellite to be put into Earth's orbit. It was launched into an elliptical low Earth orbit by the Soviet Union on 4 October 1957. The unanticipated announcement of Sputnik 1s success precipitated the Sputnik crisis in the United States and ignited the Space...
, the satellite was launched as part of the International Geophysical Year
International Geophysical Year
The International Geophysical Year was an international scientific project that lasted from July 1, 1957, to December 31, 1958. It marked the end of a long period during the Cold War when scientific interchange between East and West was seriously interrupted...
. 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. Bilateral discussions between the United States and USSR in 1958 resulted in the presentation of issues to the UN for debate. In 1959, the UN created the Committee on the Peaceful Uses of Outer SpaceUnited Nations Committee on the Peaceful Uses of Outer Space
The United Nations Committee on the Peaceful Uses of Outer Space was established in 1958 as an ad hoc committee...
(COPUOS). 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 TreatyOuter Space TreatyThe Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law...
"). - The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue AgreementRescue AgreementThe Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, also referred to as the Rescue Agreement is an international agreement setting forth rights and obligations of states concerning the rescue of persons in space...
"). - The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability ConventionLiability ConventionThe Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty that expands on the liability rules created in the Outer Space Treaty of 1967. Because relatively few accidents have occurred resulting from space objects, the...
"). - The 1975 Convention on Registration of Objects Launched into Outer Space (the "Registration ConventionRegistration ConventionThe Convention on Registration of Launched Objects into Outer Space was adopted by the United Nations General Assembly in 1974 and went into force in 1976....
"). - The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon TreatyMoon TreatyThe Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement, is an international treaty that turns jurisdiction of all celestial bodies over to the international community...
").
The outer space treaty is the most widely-adopted treaty, with 100 parties. The rescue agreement, the liability convention and the registration convention all elaborate on provisions of the outer space treaty. UN delegates apparently intended 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. The moon treaty has only 13 parties, and many consider it to be a failed treaty due to its limited acceptance. 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.
In addition, the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water ("Partial Test Ban Treaty
Partial Test Ban Treaty
The treaty banning nuclear weapon tests in the atmosphere, in outer space and under water, often abbreviated as the Partial Test Ban Treaty , Limited Test Ban Treaty , or Nuclear Test Ban Treaty is a treaty prohibiting all test detonations of nuclear weapons...
") 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."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 NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
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: 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; 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; The term "processed data" means the products resulting from the processing of the primary data, needed to make such data usable; The term "analysed information" means the information resulting from the interpretation of processed data, inputs of data and knowledge from other sources; 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.
- 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 COPUOS operates on the basis of consensus, i.e. all committee and subcommittee delegates must agree on treaty language before it can be included in the final version of a treaty, and the committees cannot place new items on their agendas unless all member nations agree. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is because it is easier to achieve consensus when language and terms are vague. In recent years, the COPUOS Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement. 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 StationInternational Space Station
The International Space Station is a habitable, artificial satellite in low Earth orbit. The ISS follows the Salyut, Almaz, Cosmos, Skylab, and Mir space stations, as the 11th space station launched, not including the Genesis I and II prototypes...
have entered into the 1998 Agreement
Political and financial aspects of the ISS
The International Space Station program is tied together by a complex set of legal, political and financial agreements between the fifteen nations involved in the project, governing ownership of the various components, rights to crewing and utilisation, and responsibilities for crew rotation and...
among the governments of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Member States of the European Space Agency
European Space Agency
The European Space Agency , established in 1975, is an intergovernmental organisation dedicated to the exploration of space, currently with 18 member states...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Russian Federation
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, and the United States of America concerning cooperation on the Civil International Space Station (the "[ftp://ftp.hq.nasa.gov/pub/pao/reports/1998/IGA.html Space Station Agreement]"). This Agreement provides, among other things, that NASA
NASA
The National Aeronautics and Space Administration is the agency of the United States government that is responsible for the nation's civilian space program and for aeronautics and aerospace research...
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.
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 CharterUnited Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
by reference, and requires parties to ensure that activities are conducted in accordance with other forms of international law such as customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
(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 to consider how to regulate private space activities. 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.
Geostationary orbit allocation
Satellites in geostationary orbitGeostationary orbit
A geostationary orbit is a geosynchronous orbit directly above the Earth's equator , with a period equal to the Earth's rotational period and an orbital eccentricity of approximately zero. An object in a geostationary orbit appears motionless, at a fixed position in the sky, to ground observers...
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
Longitude
Longitude is a geographic coordinate that specifies the east-west position of a point on the Earth's surface. It is an angular measurement, usually expressed in degrees, minutes and seconds, and denoted by the Greek letter lambda ....
but differing latitudes). These disputes are addressed through the ITU
International Telecommunication Union
The International Telecommunication Union is the specialized agency of the United Nations which is responsible for information and communication technologies...
allocation mechanism. Countries located at the Earth's equator have also asserted their legal claim to control the use of space above their territory. In 1976, 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.
The future of space law
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, and limited only by our ability to use them in a manner that is fair and equitable to all nations and which is environmentally ethical. 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. 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.Michael Dodge, of Long Beach, Mississippi
Long Beach, Mississippi
Long Beach is a city located in Harrison County, Mississippi, USA. It is part of the Gulfport–Biloxi, Mississippi Metropolitan Statistical Area...
, is the first law school graduate to receive a space law certificate in the United States. Dodge graduated from the National Center for Remote Sensing, Air and Space Law
National Center for Remote Sensing, Air and Space Law
National Center for Remote Sensing, Air, and Space Law is a research facility that is part of the University of Mississippi School of Law. The Center was created to serve the public good and the remote sensing and space industry...
at the University of Mississippi
University of Mississippi
The University of Mississippi, also known as Ole Miss, is a public, coeducational research university located in Oxford, Mississippi. Founded in 1844, the school is composed of the main campus in Oxford, four branch campuses located in Booneville, Grenada, Tupelo, and Southaven as well as the...
School of Law in 2008.
The University of Sunderland
University of Sunderland
The University of Sunderland is located in Sunderland, north east England. The university has more than 17,500 students, including 7,000-plus international students from some 70 countries....
is the first UK University to offer a space law module as part of its LLB programme.
The University of Nebraska College of Law offers the U.S.’s first and only LL.M. in space and telecommunications law. 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
See also
- Space archaeologySpace archaeologyIn archaeology, space archaeology refers to the study of various human-made items found in space, their interpretation as clues to the adventures mankind has experienced in space, and their preservation as cultural heritage....
, the law as related to preserving cultural heritage from space sites - MetalawMetalawMetalaw is a concept of space law closely related to the scientific Search for Extraterrestrial Intelligence .Immanuel Kant and his Categorical imperative: "Act only according to that maxim whereby you can at the same time will that it should become a universal law" is the forerunner of the...
- Andrew G. HaleyAndrew G. HaleyAndrew G. Haley was an American lawyer. He has been described as the world’s first practitioner of space law...
- Ernst FasanErnst FasanErnst Fasan is an Austrian lawyer and a recognized authority in space law, including Metalaw.Fasan has published numerous papers on problems of space law, including Metalaw and the scientific Search for Extraterrestrial Intelligence...
- Space policySpace policySpace policy is the political decision-making process for, and the application of, public policy regarding space exploration. It includes policy regarding a country's civilian space program, as well as its policy on both military use and commercial use of outer space...
- Space policy of the United StatesSpace policy of the United StatesThe Space policy of the United States includes both the making of space policy through the legislative process, and the execution of that policy by both civilian and military space programs and by regulatory agencies. The early history of United States space policy is linked to the US–Soviet...
External links
- International Institute of Space Law
- Res Communis — University of Mississippi National Center for Remote Sensing, Air and Space LawNational Center for Remote Sensing, Air and Space LawNational Center for Remote Sensing, Air, and Space Law is a research facility that is part of the University of Mississippi School of Law. The Center was created to serve the public good and the remote sensing and space industry...
blogBlogA blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
about air and space law developments - Overview of space law at the Foreign OfficeForeign Office (Germany)The Foreign Office is the foreign ministry of Germany, a federal agency responsible for both the country's foreign politics and its relationship with the European Union. From 1871 to 1919, it was led by a Foreign Secretary, and since 1919, it has been led by the Foreign Minister of Germany...
website - International Space Law at the United Nations Office for Outer Space AffairsUnited Nations Office for Outer Space AffairsThe United Nations Office for Outer Space Affairs is an organization of the General Assembly charged with implementing the Assembly's outer space-related policies. It is located in the United Nations Office in Vienna. The Office implements the Program on Space Applications and maintains the...
website - http://spaceandtelecomlaw.unl.edu