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.     

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.     

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.     

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.     

Forecasting space markets

Space Policy is here reprinting edited extracts from two reports — one French, one American — which aim to forecast the market for space applications and launch services over the next 10 and 15 years respectively. Euroconsult 1986 edition of The World Space Industry Survey: Ten-Year Outlook gives a country-by-country analysis of policies and programmes; an evaluation of markets for space applications and a forecast of the market for launch systems. The Report on the 1986 Outside Users Payload Model, prepared by Battelle, Columbus Division, for the US National Aeronautics and Space Administration, provides an estimate of demand for launch services for payloads in a range of mission categories flown by countries outside the Soviet bloc. Using different starting points and methodologies, the two reports nevertheless draw convincingly similar conclusions.     

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.     

Kazakhstan's space policy in a changing national and global context

In the wake of its transition to a market economy and the political and social reforms that have accompanied this, Kazakhstan—home to the renowned Baikonur space complex—is experiencing greater demand for space services. This article reports on the drivers behind and main features of the country's current space program and analyzes Kazakahstan's space policy. Key priorities are capacity building, maximizing revenue from the lease of Baikonur, international cooperation, in particular with Russia, as a means of gaining know-how and entering the world space industry, developing Earth observations and broadcasting expertise, and placing the country's activities within a legal framework.     

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.     

Space for celestial symphonies? Towards the establishment of international radio quiet zones

The growth of low- and medium-Earth orbit mobile satellite communications poses a threat to radio astronomers which could be mitigated by the establishment of international radio quiet zones (IRQZs), where communications traffic is managed (not eliminated) to allow radio astronomy to continue. Using the prototype of national such zones in the USA, this article explains how the system would work and discusses the international legal parameters that would bound it, drawing on current aerospace, outer space and high seas legislation. Precedents for an IRQZ—Exclusive Economic Zones, denuclearised zones and the Antarctic regime—are also examined.     

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.     

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.     

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.     

New roles in space for the 21st century: a Uruguayan view

In the economic and social circumstances of the 21st century globalized world, there is a need to rethink the traditional roles and positions in space of international intergovernmental organizations, states, both developed and developing, and humankind itself. Uruguay provides an example of a non-typical country that has managed to carve an important niche for itself in the field of space law. Although globalization is an irreversible phenomenon, which has had a devastating effect on the weakest countries, following the attacks of 11 September 2001 insecurity has become globalized for everyone. From the point of view of a state such as Uruguay, this crisis must be looked upon as an opportunity to renew and inspire intelligence, education and culture. In this way—and by continuing to argue for a global space organization—it can contribute to making the Space Age an era of global and planetary solidarity for the benefit of humankind.     

Legal analysis of Sea Launch license: National security and environmental concerns

This paper analyzes the national security and environmental concerns surrounding the Sea Launch consortium's international license from a legal perspective. The growing market demand for a more affordable, reliable, and convenient commercial satellite launching service has led to the idea of Sea Launch—launching satellites from the sea near the Equator. However, this can pose potential conflicts between national security and foreign policy interests, and between environmental conservation and economic growth because of the international technology development issues around launching from the sea. This paper illustrates a case for balancing such multiple constraints via legal interpretation. The analysis is conducted in reference to 49 U.S.C. § 70101–70119 Commercial Space Launch Activities and 42 U.S.C. § 4321–4345 National Environmental Policy Act (NEPA) of 1969. The paper also examines weather the United Nations Convention on the Law of the Sea is binding on Sea Launch operations. Although the scope of this paper is limited mostly to the US law and the national security and environmental aspects of Sea Launch, it provides a useful example for policy making of an international collaborative technology development project.     

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 law and policy 2010: The IISL–IAA symposium

The first of a new series of annual symposia organized by the IISL and the IAA, in partnership with others, was held in Washington, DC in May 2010. It examined the effect of space law on international civil, commercial and governmental space activities, with the emphasis on US activities in particular. The importance of developing appropriate legal mechanisms to assure the sustainability of space was highlighted, as was the need for the legal profession to explain the differences between various legal tools for space governance. With the growing involvement of new states in space, the current legal regime may need to be amended.     

Globalization and commercialization of satellite broadcasting: current issues

The issues of freedom of information and protection of national sovereignty have been brought to the fore by the global spread of satellite broadcasting. This article discusses the issues and the international legal strategies that have been adopted to deal with them. It is suggested that the European model—in which states have no right to interfere with reception but broadcasters are obliged to fill 50% of their content with European programs—presents a blueprint that others could follow.     

Recent and future activities of the UN Office for Outer Space Affairs

This article discusses the development, and the current and future work, of the UN Office for Outer Space Affairs. The Office is active both as a source of information, education and training on space and as a secretariat to COPUOS and its Subcommittees; it also performs a role in the monitoring and implementation of various space-related legal treaties. Presently—and as part of the drive to use space to improve life on Earth—the bulk of its work is guided by the Vienna Declaration produced at UNISPACE III.     

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.     

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”.