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.     

Developing countries and space: From awareness to participation

As space commercialization is becoming a reality, and with the growing tendency for such activity to be transferred to the private sector, it is time for developing countries to assume a role in space. Space law could be of help if the interpretation of terms such as ‘common heritage’ were agreed on and sensible rules for the regulation of competition in space elaborated. But it is up to the developing states themselves to become aware of the situation, educate their public and train their personnel through participation in cooperative space ventures with the developed world.     

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.     

The Nation of Celestial Space

Using family interviews and archive material, this article outlines the forgotten history of the Nation of Celestial Space, brainchild of a Chicago public relations man, James T. Mangan. From 1948 to 1970 Mangan sought international recognition for his micronation, and repeatedly protested at satellites encroaching upon his domain. Celestia issued passports to the Moon to astronauts, and its own currency and stamps, anticipating by decades the current debate on and ‘selling’ of property rights in space.     

Strategic, technological and ethical aspects of establishing colonies on Moon and Mars

With the vast experience gained by Aerospace Community in the last five decades, the natural future course of action will be to expand Space Exploration. Our understanding of Moon is relatively better with a number of unmanned satellite missions carried out by the leading Space Agencies and manned missions to Moon by USA. Also a number of unmanned satellite missions and surface rover missions were carried out to Mars by those Space agencies generating many new details about Mars. While the future exploration efforts by global community will also be centered obviously on Moon and Mars, it is noteworthy that already NASA had declared its plans for establishing a Surface Base on Moon and developing the technical infrastructure required. Surface Bases on Moon and Mars give rise to a number of strategic, technical and ethical issues both in the process of development, and in the process of establishing the bases. The strategic issues related to Moon and Mars Surface Bases will be centered around development of enabling technologies, cost of the missions, and international cooperation. The obvious path for tackling both the technological development and cost issues will be through innovative and new means of international cooperation. International cooperation can take many forms like—all capable players joining a leader, or sharing of tasks at system level, or all players having their independent programmes with agreed common interfaces of the items being taken to and left on the surface of Moon/Mars. Each model has its own unique features. Among the technical issues, the first one is that of the Mission Objectives—why Surface Bases have to be developed and what will be the activity of crew on Surface Bases? Surface Bases have to meet mainly the issues on long term survivability of humans on the Mars/Moon with their specific atmosphere, gravity and surface characteristics. Moon offers excellent advantages for astronomy while posing difficulties with respect to solar power utilization and extreme temperature variations. Hence the technical challenges depend on a number of factors starting from mission requirements. Obviously the most important technical challenge to be addressed will be in the areas of crew safety, crew survivability, adequate provision to overcome contingencies, and in-situ resource utilization. Towards this, new innovations will be developed in areas such as specialized space suits, rovers, power and communication systems, and ascent and descent modules. The biggest ethical issue is whether humankind from Earth is targeting ‘habitation’ or ‘colonization’ of Moon/Mars. The next question will be whether the in-situ resource exploitation will be only for carrying out further missions to other planets from Moon/Mars or for utilization on Earth. The third ethical issue will be the long term impact of pollution on Moon/Mars due to technologies employed for power generation and other logistics on Surfaces. The paper elaborates the views of the authors on the strategic, technical and ethical aspects of establishing Surface Bases and colonies on Moon and Mars. The underlying assumptions and gray areas under each aspect will be explained with the resulting long-term implications.     

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.     

A new paradigm for international cooperation in space exploration

In announcing a new Vision for the US space program, President George Bush committed the USA to “a long-term human and robotic program to explore the solar system”, via a return to the Moon, leading to exploration of Mars and other destinations. He also stated that other nations would be invited to join the vision. Many other nations have, or are developing, ‘exploration visions’ of their own. The potential for international cooperation therefore exists, both at the vision and program/project levels. This paper, based on Working Group discussions as part of an AIAA space cooperation workshop,¹ presents an approach for maximizing the return on all global investments in space exploration. It proposes an international coordination mechanism through which all these various national activities could be integrated into an inherently global enterprise for space exploration, a ‘virtual program of programs’. Within the context of the coordination, individual activities would utilize the full range of cooperative mechanisms for implementation. A significant benefit of this mode of conducting cooperation is that it would not require the negotiation of complex overarching international agreements as a precondition for initiating international activity.     

Time is of the essence: making space law more effective

Traditionally, international legal rules have been established through the adoption of treaties by states, and the five space treaties adopted in the 1960s and 1970s are no exception. Accordingly, the recent proposals for overcoming problems related to the management of space activities have often envisioned the conclusion of new treaties, even a general convention, on space law. However, the process of setting norms through international treaties has certain severe weaknesses, ones affecting space law as much as, if not more than, other fields. These include the lamentably common time lag between drafting, adoption, and entry into force of international standards. Even if states manage to agree on certain provisions, by the time accords are implemented, the problems in question may have reached entirely new and different proportions and strategies that made sense when first proposed already represent ‘too little, too late’. This paper ponders the chances of making norms of international space law operative faster as well as the possibility of creating instruments whose provisions can readily accommodate changing conditions.     

Outer space exploitability: International law and developing nations

This article outlines the principles upon which international space law is based. Space law has been successful so far in benefiting the developing countries without hampering the spacefaring nations. The principal treaty provisions that are of special interest to developing nations are discussed, and issues associated with remote sensing, communications and environmental harms are examined in detail. Since 1967 there has been a sharp change in the focus of legal concern towards ‘taking into account the particular needs of developing countries’, a principle that will be central to arrangements for the equitable sharing of the benefits of exploiting the space environment and its natural resources.     

Private property rights on asteroid resources: Assessing the legality of the ASTEROIDS Act

On June 10, 2014, a bill proposing to establish and protect (private) property rights on asteroid resources was introduced in the US House of Representatives.Regardless of its effective chances to become law, the presentation of the Bill raises numerous legal questions, particularly concerning the status of extraterrestrial natural resources and the consistency of what the Bill suggests with international space law.The purpose of the present viewpoint is to address and clarify the above questions.     

Creating a UK human spaceflight capability: A modest proposal

Since the beginning of international manned activity in the early 1960s, UK governments have consistently avoided participation in human spaceflight, with its high cost and doubts over the resulting scientific gains generally cited as the reasons for opting out. This has resulted in the UK scientific community having no direct access to microgravity science experiments, while the education establishment has missed out on the gains to be had from scientific and technology inspiration for young people. It also makes realistic involvement in the future international manned exploration of the Moon and the solar system unlikely. A viable, low-cost programme could be implemented in the near future to allow for a modest UK manned access to the International Space Station. This need only cost around £50 million over five years, representing about a 5% increase in the current annual UK civil space budget, with funding sought from government departments, research councils and private industry. Making use of Soyuz commercial flights, the project would allow for two separate 10-day science missions. The small corps of three UK astronauts established for the project would form a modest ‘seed-corn’ for future international orbital, lunar and solar system manned exploration involvement for the UK. The benefits of this project would cover science research, education outreach, industrial employment and involvement in international cooperation in manned exploration of the cosmos, as well as in the microgravity research being undertaken by NASA and others.     

Magnifying our world: Why we must extend civilization to the Moon

Since the completion of its original prehistoric migration some 10 000 years ago, humankind has had nowhere else on Earth to go. The Space Age has produced the wherewithal for a new off-Earth human migration to restart, with the Moon as the clear initial destination. As insurance against cataclysmic and human-induced natural disasters, as a means of creating new commercial industrial–financial opportunities at a time of fundamental change in the global economy, and as a way for the USA to regain some international political influence, it should pursue Moon settlement vigorously and soon. However, the developing US space exploration program being designed by NASA for such an undertaking is too narrowly confined to the pursuit of natural-science objectives. There must be fundamental involvement of the private sector and of a much wider range of professionals and federal departments therein.     

Estimating the life cycle cost of the space exploration initiative

The Space Exploration Initiative (SEI) will take mankind back to the Moon and then to Mars. Preliminary estimates of SEI life cycle cost (LCC) are central to assessing programme alternatives. SEI LCC should be estimated by identifying the additional cost to accomplish the initiative over and above the cost to sustain a ‘base’ of space activities. Results of a study of four SEI alternatives provided SEI LCC cost estimates ranging from $91 billion to $308 billion (constant 1989 US dollars) from 1992 through 2020, depending upon programme philosophy. SEI LCC will be driven by the philosophy and goals of the programme, and, given the goal of ‘permanence’, essentially indeterminate because of the open-ended time horizon.     

Commercialization of space activities: Legal requirements constituting a basic incentive for private enterprise involvement

Commercialization of space activities requires a legal framework for private investors and entrepreneurs in order to promote and develop this sector of industry into a fully-fledged commercial enterprise. Apart from the already existing international public legal framework of space law, rules should be created to provide a level playing field for all interested parties. These rules should point to transparency of risks and liabilities and liberalization of the various space market segments. Another legal instrument will be that of dispute resolution among participants in the arena of space activities. For the more distant future the Moon Agreement should be reassessed in the light of resources exploration, management and exploitation against the background of private enterprise involvement.     

Tackling the barriers to progress

Over 200 people attended the ‘International Business in Space’ conference, organized by the Center for Space Policy Inc, Cambridge, MA, USA, in Washington, DC, 9–11 January 1985. The official focus - commercial space developments in the USA, Canada, Europe and Japan - was somewhat of a misnomer. While US, Canadian and European views and interests were well represented, the Japanese element was almost completely absent. Virtually every category of organization likely to be involved in the ‘industrialization of space’ was strongly represented: government agencies, major and medium-sized aerospace companies, entrepreneurial space firms, and service organizations, eg consulting groups, law firms and financial institutions. Not surprisingly at this stage, attendance by non-aerospace potential users of space was very weak. This report highlights two major themes - international cooperation and the role of overnments.     

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.     

Remote sensing of natural resources : Legal and political considerations for the Third World

A state's posture on remote sensing of the Earth by orbiting satellites varies depending upon whether it is a ‘sensing’ or a ‘sensed’ state, upon its present economic status, and upon its economic and political history. This article considers the international legal questions related to remote sensing and discusses the political aspects with special emphasis upon the views of the Third World. The author concludes that, unless Third World states and others who support them alter their views somewhat, it is probable that remote sensing of natural resources will continue without specific legal guidelines.     

Intellectual property rights and space activities

On 5 and 6 December 1994, a two-day workshop was organised by the European Space Agency (ESA) and the European Centre for Space Law (ECSL) at ESA's Headquarters in Paris on the theme ‘Intellectual property rights and space activities: a worldwide perspective’. It was attended by some 90 participants and 16 papers were presented, analysing legal and policy issues with regard to intellectual property rights (IPRs) and space activities in a world context.     

Arms control and disarmament in space: the rough road to Vienna 1984: Part I

This article examines the international legal and diplomatic questions relating to arms control and disarmament, focusing on space-based activities. These relate importantly to the development of anti-satellite satellites (ASATs) and ballistic missile defence systems (BMDs). Part I of the article examines the goal of ‘peaceful uses’ of outer space as elaborated in national policies and in international fora, the debate that has has taken place at the international level over the meaning and definition of peaceful purposes, legal manoeuvres, particularly in the UN, and US responses, and recent Soviet initiatives relating to space militarization. Part II will appear in the next issue, and will consider the US Presidential-Congressional dialogue on these questions and recent Presidential initiatives.     

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.