Space commercialization and the law

This article examines the current legal status of commercial activities in space and describes the legislation — both national and international — existing for their regulation. The question of who is responsible for the action of non-governmental entities is thoroughly discussed, as is the notion of freedom of enterprise. Finally the author looks at the most commercialized areas of space activities — telecommunications and Earth observations — before drawing some conclusions on likely future trends in the privitization and regulation of space activities.     

The biosphere 2 project and its potential role in assisting space exploration

Space Biospheres Ventures is developing technologies for its Biosphere 2 project — a 3 acre materially closed ecological system with human habitat, intensive agriculture and five wilderness biomes — and other life-support testbeds for space habitats in microgravity and the Moon and Mars, as well as for ecological research pertinent to the biosphere of Earth. These include soil bed reactors for air purification and biomass production; aquatic waste processing systems; real-time analytic systems; and computer systems of control and management. A space policy pursuing joint Earth and ‘space biospheres’ objectives and implications is discussed.     

SPS — time for a pilot plant

Scientists have expended much energy researching SPS but their theories have never yet been realistically tested. It is time for this to change and SPS 2000 — a Japanese-sponsored project to construct and operate a pilot plant to supply electricity to residents of equatorial zones — could provide the means. The project and its benefits are described and the political—economic imperatives for undertaking it presented. The author argues that there are cogent — and practical — reasons for funding a pilot plant, especially given the vast sums spent on other space activities, and on nuclear power, although the latter has never lived up to expectations.     

Surreal estate: addressing the issue of ‘Immovable Property Rights on the Moon’

At a time when scientific and commercial interest in the Moon is being reinvigorated it is becoming fashionable for ordinary individuals to ‘buy’ plots on the lunar surface, with the ‘vendors’ arguing that an absence of specific prohibition of individual private activity in space makes such action legal. It is therefore time for the legal community to address this situation by investigating just how legal such activity is—and bringing their findings to the attention of governments. This can be done through an examination of the relationship between national law and international space law, of the provisions of international space law—especially Article 2 of the Outer Space Treaty—and by answering any claims to private ownership of immovable property. Aside from the fact that individuals appear to be being duped, the pursuit of property claims on the Moon could impede future activities aimed at benefiting society.     

Shaping a legal framework for the commercial use of outer space: recommendations and conclusions from Project 2001

Private and commercial activity in outer space still poses challenges to space law and policy. Within ‘Project 2001’—a legal research project by the University of Cologne's Institute of Air and Space Law and the German Aerospace Center (DLR)—six international expert working groups examined international and national laws, in order to identify gaps and, where necessary, propose improvements to the present legal framework for private space activities. The results were presented and discussed at an international colloquium in May 2001 in Cologne, Germany, where final conclusions have been drawn. This report presents a summary of the project's work and main conclusions, which are documented in full in a comprehensive book to be published in May 2002.     

Improved space safety for astronauts

The 2003 Columbia accident demonstrated that spaceflight remains a risky and dangerous human endeavor, yet there have been few ‘unofficial’ investigations into astronaut safety. This report summarizes the findings of one such study by George Washington University's Space & Advanced Communications Research Institute—e.g. that simplicity of design may be better than complexity, that cargo missions would be better carried out robotically and that all new space transportation systems should be developed to common international standards—before examining ways that international cooperation can advance the cause of space safety. In establishing future space safety standards input from a wider range of participants (industry, universities and private research institutes, as well as space agencies, etc.) will need to be sought.     

Basic space science and developing countries

Basic science — including space science — is vital for national development, but developing countries often meet obstacles to participation in the international scientific community. This can be mitigated by international cooperation, particularly in the field of education. The author calls for a concerted effort to increase such cooperation regionally, internationally and bilaterally; international organizations should also become involved. Various forms of cooperation are suggested and UN efforts in the promotion of basic space science are described.     

Europe's space plans and opportunities for cooperation

This is a slightly abridged and edited version of the welcoming speech made by European Commission Vice-President Günter Verheugen at the ‘Winning through co-operation: sharing the benefits of space’ conference held in Brussels on 17–18 February 2005 as part of European Space Week. The importance of space for Europe across many areas—now explicitly acknowledged by the European Commission—is highlighted. Future initiatives are discussed and the Union's approach to international cooperation is outlined. It was hoped that the conference would provide an opportunity for participants to identify the best opportunities for partnership in space.     

But what is the true rationale for human spaceflight?

Human interest in spaceflight is ancient. It is therefore ironic that, at a time when humans finally have the capability to travel in space, the notion that we should do so is being questioned. The author analyses the reasons for this — the historical/political and technological contingency of the Space Age and the sudden falling away of the conditions which drove space activity — and in the process provides a critique of the forgoing article and the tendency to search for utilitarian justifications of human spaceflight. He argues rather that space programmes will thrive only when driven by non-material cultural and political forces. US-Russian cooperation, which has principally been undertaken for geopolitical reasons is a model for the future.     

Is there really any duplication in Europe''s space activities?

At a time of declining space budgets in Europe, and of a consequent need to make savings, accusations of wasteful duplication—resulting from the large number of national agencies pursuing programmes alongside ESA—are rife, as are calls for the space industry further to consolidate. This viewpoint argues that duplication is not really the issue, however, since most national agencies have become specialists in particular fields. Nor would industry restructuring be straightforward, given the fact that Europe cannot be satisfied with a single source of supply. What is needed is better coordination between space agencies upstream to avoid later duplication, as is now being pursued through ESA's ‘harmonisation process’. The move to create a Network of Centres could also promote worthwhile collective action. These initiatives are more realistic than the technocratic aim of completely restructuring European space.     

Space law conference 2001 : Legal challenges and commercial opportunities for Asia

Many eminent space lawyers gathered in Singapore to attend the first space law conference to be held in South East Asia. Topics for discussion—which included commercialization of space activities and its effect on the needs of developing countries, and the legal issues of expanding communications and navigation satellite services—were of particular interest to the region. This report summarizes the presentations in each session and presents the conclusions and recommendations—such as the need for a legal instrument to regulate remote sensing—produced.     

International coordination of space solar power related activities

Because the need for energy is global, and many energy networks are already interdependent, because no one country has sufficient technological capability or sufficient funds to provide a space solar powered solution on its own, and because any such solution will require international regulation, international coordination will be vital to any attempt to produce energy for Earth from space. This will be made easier by the fact that work on the subject has already been widely publicized and distributed and cooperative efforts have already been made. Various coordinating approaches are described and the need to forge partnerships between government, industry and academia — with greater involvement of all non-space groups concerned with energy — is emphasized. A “terracing approach” to the actual implementation of SPS is suggested and outlined.     

Some comments on the ESA/EU space strategy

Not only have the European Space Agency (ESA) and the European Union Commission succeeded in producing a joint space strategy within the time set for it, they have created a substantial and worthwhile document which recognises the importance of space for Europe and acknowledges that ESA—not national agencies—is the right body for the conduct of Europe's space efforts. Nevertheless, the strategy's lack of any government financial commitment is a worry— Public–Private Partnerships will never be enough—as is its failure to include any thought for the long term, and in particular manned flight. This critique of the strategy argues for more government spending on space and for greater long-term vision.     

Future for CIS space industry

The following is the executive summary of Volume 1 of Euroconsult's four volume study, Space Industries and Markets in Russia and Other Countries of the Former Soviet Union. The material reproduced covers space policy and industry in CIS countries, providing a transversal view of CIS space activities and organizations. Generic problems across all fields of applications are analysed; the final focus is on trade with foreign countries. The other volumes cover prospects for satellite communications in the CIS to 2000; prospects for Earth observation satellite systems in Russia and Ukraine to 2000; and prospects for space transportation systems in the CIS to 2000. Information on the whole — some 650 pages — may be obtained from Pauline Byrne at Euroconsult, 71 Boulevard Richard Lenoir, 75011 Paris, France.     

Space station — the new frontier

The exciting challenge of building a permanent space station has been taken up by the USA, and participation in its development has been offered to the USA's allies. European countries are faced with the dilemma of whether to cooperate or to try to develop an autonomous approach. This article discusses the opportunities for Europe in participating closely in the US project — particularly in providing pressurized modules based on the Columbus programme — and argues that it is an opportunity not to be missed.     

The impact of launch vehicle type and size on development cost

The technical development trend of future launch vehicle systems is towards fully reusable systems, in order to reduce space transportation cost. However, different types of launch vehicles are feasible, as there are

• —winged two-stage systems (WTS)

• —ballistic single-stage vehicles (BSS)

• —ballistic two-stage vehicles (BTS)

The performance of those systems is compared according to the present state of the art as well as the development cost, based on the “TRANSCOST-Model”. The development costs are shown versus launch mass (GLOW) and pay-load for the three types of reusable systems mentioned above.It is shown that performance optimization and cost minimization lead to different results. It is more economic to increase the vehicle size for achieving higher performance, instead of increasing technical complexity.Finally it is described that due to the essentially lower launch cost of reusable vehicles it will be feasible to recover the development cost by an amortization charge on the launch cost. This possibility, however, would allow commercial funding of future launch vehicle developments.     

Space education: a step forward

One hundred European university students, with different interests and backgrounds, were asked to complete a questionnaire aimed at understanding their general knowledge and personal rapport with space issues and activities. Although the overall interest in space seemed to be relatively satisfactory, the data resulting from the survey—used for statistical purposes only—showed a poor awareness concerning the past, present and future of space programmes and achievements, and more generally of the economic, political and social implications of space. Stimulated and moved by the survey questions, the students interviewed showed their worries about the already developing process of division, control and commercialisation of space, underlining how the concept of education is differentiated from that of information when dealing with these issues. However, at the same time, all their statements seemed to be based on simple assumptions, preconceptions and presumptions. On the basis of the survey results, the final section of the paper reviews and discusses the present situation of space education in Europe, analysing its deficiencies and suggesting modifications, adjustments and a “step forward” that should be taken into consideration.     

Tracing the evolutionary path for space technologies

Proliferation and pace of advancing technologies warrant policy and strategic decision-making. Without thinking ahead, companies can loose marketshare and countries can yield comparative advantage. The rate at which burgeoning technologies progress, however, can make it difficult for corporations and governments alike to discern or better anticipate critical junctures in technology developments. This paper presents a conceptual, multidimensional framework, the “evolutionary path”, for understanding the stages of technological development in the civil space area. The analysis draws from three case studies — communications satellites, computers, and launch vehicles — and shows how the implications and developments of new, breakthrough technologies differ from the incremental technology upgrades or the later emergence of interconnected systems and infrastructures.     

The emerging China–EU space partnership: A geotechnological balancer

Through a techno-nationalist lens, this paper will assess the growing China–European Union (EU) space partnership, and its implications for international space cooperation and competition. Techno-nationalism (jishu minzuzhuyi), the idea that technological strength is an effective determinant of national power in a harshly competitive world,³ informs both Chinese and US perceptions of China's space development. Using this lens elevates all space activities—manned, unmanned, military and scientific—to the strategic level. It is our contention that because of the increasing China–EU space partnership, the USA must re-evaluate its approach to China—away from the containment approach, which has thus far predominated, toward an approach which would offer the USA the opportunity to influence and, thereby, decrease the importance of the emerging partnership.     

Meeting the needs of the new millennium: passenger space travel and world economic growth

Without doubt, humans’ most urgent need at the start of the new millennium is the continuation of economic growth, which is the only means by which the great majority of the world population can lift themselves out of the poverty in which they live. A sine qua non for continuing economic growth is for the rich countries to continue to develop new industries—as they did throughout the 20th century, thereby creating high-productivity employment for hundreds of millions of people around the world. Arguably the most significant of these thus far is the development of passenger air travel from zero in 1900 to 1.5 billion passengers per year by 2000. It is becoming clear that passenger space travel could grow to reach a similar economic scale—and that no other space activity has comparable potential. The paper describes the potential contribution to world economic growth of passenger space travel; the failure of government space agencies either to aid its development or to make a contribution to economic growth commensurate to their cost; and the value for economic policy of prioritising the realisation of passenger space travel. The faster passenger space travel services grow, the more the space industry will contribute to “Meeting the Needs of the New Millennium”.