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.     

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.     

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.     

A normal space power? Understanding ‘security’ in Japan's space policy discourse

With the enactment of its ‘Basic Space Law’ in 2008, a significant shift occurred in Japan's space policy away from a narrowly circumscribed interpretation of the concept of space for ‘peaceful purposes’ to a broad understanding of space for ‘security’. Viewed in a global context, Japanese space policy appears symptomatic of a broadened and more malleable understanding of space for security purposes, as already advocated by several other leading spacefaring powers, and proponents of this understanding of space for security argue that this is consistent with international standards and the expectations of a ‘normal’ space power. By attempting to redefine understandings of ‘peace’ and ‘security’, however, the Basic Space Law and subsequent direction of Japanese space policy raise complex and ongoing issues over the interpretation of Japan's ‘Peace Constitution’. This article reviews policy and academic discussions of the recent evolution of Japanese space policy in this respect, arguing that greater emphasis on ‘security’ – understood in a deliberately broad sense in policy terms – has been key to articulating and justifying the reformulation and redirection of Japanese space policy, but that this also brings with it room for ambiguity over the exact nature of Japan's space ambitions at both national and regional levels.     

Between heaven and earth: The legal challenges of human space travel

Since the first space object was launched into orbit in 1957, humankind has been engaged in a constant effort to realise ever more ambitious plans for space travel. Probably the single most important element in this ongoing evolution is the development of technology capable of transporting large numbers of passengers into outer space on a commercial basis. Within the foreseeable future, space will no longer be the sole domain of professionally trained astronauts or the exceptionally wealthy.The prospects for both suborbital and orbital private human access to space give rise to some interesting and difficult legal questions. It also opens up an exciting opportunity to develop an adequate system of legal regulation to deal with these activities. The existing international legal regimes covering air and space activities are not well suited to large-scale commercial access to space, largely because they were developed at a time when such activities were not a principal consideration in the mind of the drafters. The lack of legal clarity represents a major challenge and must be addressed as soon as possible, to provide for appropriate standards and further encourage (not discourage) such activities.This article will examine some of the more pressing legal issues associated with the regulation of space transportation of passengers on a commercial basis, seen in the light of Article 1 of the Outer Space Treaty of 1967, which states that the ‘exploration and use of outer space […] shall be carried out for the benefit and in the interests of all countries […] and shall be the province of all mankind’. An appropriate balance must be found between the commercial and technological opportunities that will arise and the principles upon which the development of international space law have thus far been based.     

The legal regime for private space tourism activities—An overview

“Space tourism” denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.     

History and impact of the 1996 UN declaration on ‘space benefits’

At its 1996/1997 session, the UN General Assembly adopted by consensus Resolution 51/122, containing a Declaration on international cooperation in space. This Declaration finalizes the agenda item which has become known as ‘Space Benefits’ in the UNCOPUOS Legal Subcommittee. It provides an authoritative interpretation of the cooperation principle in Article I of the Outer Space Treaty and should thereby put an end to North-South confrontation over the question of shaping the international order for space activities. This article traces the history of the run-up to adoption of the Resolution, analyses how it came to be accepted by all sides and examines its likely impact.     

Ukrainian national space law from an international perspective

As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonising its legislation with that of its international political and economic partners and of creating clear guidelines for investors. This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the effect of international cooperation on Ukrainian space law development.     

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.     

US space exploration strategy: Is there a better way?

Despite the importance of space to modern life, the public has lost interest in its most human aspect, exploration. This is because spacefaring nations, and especially the USA, have clung on to outmoded cold war ways of thinking about it. The US attitude of ‘command’ over its international partners will no longer work and we must instead adopt a new, inclusive paradigm in the ‘wiki’ mould. With different countries leading different facets of a global, cooperative endeavour, and contributions reciprocated in ways valuable to all participants (e.g. through access to know-how or capacity building) there is a real possibility of advancing beyond near-Earth orbit. Keeping the ISS open for the training of future long-duration crews would be the first step in a unified human drive to the Moon, involving first a robotic village and then an international base, with Mars an ultimate goal. It the USA were to reorient its thinking towards such a project it would demonstrate true leadership.     

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.     

How far – if at all – should the USA cooperate with China in space?

China has engaged in a steady, long-standing effort to build and strengthen its space capabilities, achieving progressively more ambitious milestones and staking its claim as a major space power. It is also increasingly engaging in cooperative efforts. A number of issues must be weighed, however, before the USA should consider any collaboration with it. These include the essentially military nature of China’s space program, the fact that China’s intentions in space and decision-making process are far from ‘transparent’, and the way it uses its space activities to pursue foreign policy goals. While the latter could be useful in, e.g., reducing tensions on the Korean peninsular through a space-services-for-giving-up-missiles tradeoff, and while there is scope for collaboration in space science missions, there are no compelling reasons for the USA to pursue cooperation in human spaceflight with China.     

Towards a European vision for space exploration: Recommendations of the Space Advisory Group of the European Commission

As a result of increasing public and political interest in ‘space’ (i.e. solar system) exploration at the global scale, the Space Advisory Group of the European Commission has evaluated the situation in Europe with regard to its potential to participate in this ambitious global enterprise. Aspects of science, technology, environment and safety, society, spin-offs and international cooperation were all considered. The group concluded that Europe possesses sufficient key technologies and scientific expertise to play a major role in international space exploration and has recommended that the EU take a central role to ensure the success of future European space exploration, not only to give a clear political signal for the way forward but also to ensure an appropriate financial framework. In this way Europe would embrace the spirit of the European Space Policy and contribute to the knowledge-based society by investing significantly in space-based science and technology, thereby playing a strong role in international space exploration.     

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.     

International law-making for outer space

While the need for adequate space law may be as urgent as ever, the international community has discovered that today it is increasingly difficult to reach consensus on statutes to govern new space activities. In view of the noticeable slowdown in the law-making process, serious discussions about the most suitable and effective techniques of space legislation are required. The author discusses the political and legal problems of making laws to deal with space and space activities. A number of suggestions aimed at improving the present legislative process are formulated.     

A Study on the Trend of China's Space Legislation

The slow progress and lack of fundamental breakthroughs in legislative practices are an important subject for China's space legislation. Oriented by the idea to formulate China's space law as soon as possible, it is necessary to solve five key issues. In the national policy, it is needful not only to implement China's space policy and promote the development of the space industry in depth, but also to advance the deep integration of military and civil application in space field. In terms of legal orientation, three features should be reflected upon, including the functional integration of public and private laws, the balance of regulation by substantive and procedural laws, and the effective coordination of domestic and international laws. To this end, both top-level design and implementation should be paid close attention to in order to achieve significant progress in China's space legislation.     

The PCA Rules for dispute settlement in outer space: A significant step forward

Outer space activities have evolved significantly. While they were previously the exclusive domain of a restricted number of states, now thanks to technological advances and the easing of governmental restrictions, space activities are carried out on a much larger scale and involve subjects of both a governmental and non-governmental nature. Furthermore, the commercial uses of outer space are making space business increasingly profitable and attractive to potential investors. As the economic value of outer space activities, as well as the number of space actors grows, it is nearly inevitable that international disputes related to the use of outer space will occur. Until recently, international space law contained little dedicated machinery to settle international outer space-related disputes. This absence significantly weakened the applicability and enforceability of space law and contributed to a climate of uncertainty. In order to address these issues, the Permanent Court of Arbitration (PCA) adopted the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities on 6 December 2011. The PCA Space Rules represent a significant development in the field of space law because they provide a voluntary and binding dispute settlement method accessible to all space actors and modeled on the specific legal and economic characteristics of space activities. This paper describes the genesis of the PCA Space Rules, assesses their content and innovative character, evaluates their possible implications for the settlement of outer space disputes, and argues that they should be positively received by the outer space community.     

Assuring the sustainability of space activities

The growth of new space systems and the continued creation of orbital debris could in a few years make activities in Earth orbit unsustainable, so finding cost-effective ways to sustain space activities in Earth orbit is essential. Because outer space activities serve the needs of the military–intelligence, civil, and commercial communities, each with their own requirements, creating the necessary international agreements for reaching and maintaining a condition of sustainability will not be easy. This paper summarizes the primary issues for the international space community regarding our future ability to reap the benefit of space systems in Earth orbit. It explores several of the efforts to develop international agreements that would lead to or support the sustainability of space activities and examines the benefits and drawbacks of each approach. In particular, it reviews progress within the UN COPUOS, and examines the EU's proposal for an international Code of Conduct for Outer Space Activities. It also notes the need for states to establish or expand their own space legal infrastructure to conform to the UN treaties and guidelines for space activities.     

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.     

Change and continuity in US space policy

2010 saw both the unveiling of a new US National Space Policy and the announcement of a fundamentally different strategy for US human spaceflight that would move from the NASA-government-led Apollo-style approach to a greater reliance on the private sector and international cooperation. This viewpoint puts forward arguments on why change in the US approach to human spaceflight is needed, while acknowledging that achieving it in the face of vested interests and threats to jobs and livelihoods is extremely difficult. It suggests that greater US recognition of the need to ensure the sustainability of space activity (by addressing debris, radio-frequency interference and potential deliberate disruption of spacecraft), and an apparent willingness to countenance international norms to govern space activities, could be the new policy’s most lasting heritage.