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 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.     

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.     

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.     

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.     

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.     

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.     

Legal consequences of a SETI detection

If a detection of ETI takes place, this will in all probability be the result of either: (a) detecting and recognising a signal or other emission of ETI; or (b) the finding of an alien artifact (for instance on the Moon or other Celestial Body of our Solar System); or (c) the highly improbable event of an actual encounter. First and foremost, legal consequences regarding any of these contingencies will result from immediate consultations between nations on Earth. Understandings, memoranda and even agreements might be proposed and/or concluded. Such results within the field of terrestrial law will surely be a new branch of International Law, and particularly of International Space Law. At the same time, terrestrial nations will have to realize that any ETI will be self-determined intelligent individualities or organizations who might have their own understanding of “rules of behaviour” and thus, be legal subjects. Whether one calls such rules “law” or not: if two intelligent races—both of which have specific rules of behaviour—come into contact with each other, the basic understanding of such mutual rules will lead to a kind of “code of conduct”. This might be the starting point for a kind of Law—Metalaw—between different races in the Universe.     

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.     

Need for a National Brazilian Centre of Space Policy and Law Studies

This paper argues the urgent need for a Brazilian National Centre on Space Policy and Law Studies, by laying down the basis for such a centre as a natural step in Brazilian space development. In doing so, it looks at the numbers of specialists in this field working in Brazil space entities—both public and private—and at the basic requirements for such specialists. It also discusses the way the main Brazilian space institutions currently deal with legal and policy challenges in space, and whether their methods are effective. Founding a national centre could provide lessons not only for other countries in Latin America but also for other developing countries.     

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.     

Exploration for the masses? Or joyrides for the ultra-rich? Prospects for space tourism

A space tourism industry appears to be about to take off. Businesses have announced plans to launch people into suborbital space for $200,000/person, with flights beginning as early as 2008. A brief review of the history of the idea of space tourism over the past four decades—and an awareness that many ventures have quietly shelved their grandiose plans—might aid thinking about the prospects for development of a safe and thriving space tourism industry. Today's space tourism model emphases the concept of luxury, and the lifestyle of hyper-consumption. It may be worth considering whether and how this conception of space tourism might affect the future of space exploration.     

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.     

Satellite communications and the Internet: implications for the outer space treaty

The speedily expanding Internet is in the process of transforming the technological, economic, and policy bases for nation-state regulation of telecommunications, including space-based satellite networks. Deployment of the packet-switched Internet has accelerated the liberalization of telecommunications markets and has led to far-reaching regulatory restructuring and policy shifts regarding state ownership and control of networks and information flows. As space-based GMPCS networks become integral parts of the globalizing Internet infrastructure, the state-centric legal paradigm requiring state “authorization and continuing supervision” of space activities by “non-governmental entities” stipulated under Article VI of the OST and associated treaties forming the outer space legal regime will be called increasingly into question. This paper examines the technological, economic/trade, and security issues that question whether the existing state-centric paradigm for regulating Internel-based GMPCS satellite systems will remain in legal phase with emerging liberalized regulatory regimes for terrestrial Internet-based infractructures.     

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.     

Punching below its weight: Still the future of space in Australia?

Although a rich and technologically advanced country, Australia has never had a proper national space programme. And while more and more countries—including those in the developing world—are investing in space, the Australian government seems to be moving in the opposite direction. The country's space community held a forum in November 2004 to look at ways of advancing their agenda and it is hoped, but sadly not certain, that the goals agreed may persuade the government of its folly.     

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.     

A code of ethics for conducting business in outer space

The aim to increase commercial economic activity in space will be facilitated by the introduction of a code of ethics for the businesses involved, something that is now commonplace on Earth. A proposed such code—comprising 12 principles—is presented below. It covers areas such as environmental stewardship of space, the promotion of honest dealings, making safety an important concern, ensuring a free-market economy and disclosure of conflicts of interest or political contributions.     

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.     

US space policy assessed

Recognizing that, in the wake of major geopolitical changes, technological developments and global recession, the US space programme needed to change, then Vice President Dan Quayle commissioned a review of the USA's space policy which was completed at the very end of 1992. Its findings — in summary form — and recommendations are reprinted here.