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.     

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.     

Space tourism, private spaceflight and the law: Key aspects

The arrival of ‘space tourism’, or more appropriately ‘private spaceflight’, requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorisation and supervision, liability and registration, and how they reflect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first and foremost by national legislative interests on a domestic level, before (possibly) reaching the level of international law. The possible use of air law or even adventure tourism law to regulate relevant activities is also touched on.     

The aerospace plane : Its legal and political future

Recent progress in the development of an aerospace plane calls for consideration of an applicable legal regime. Since the aerospace plane is by definition a hybrid vehicle, it is unclear whether international air space law or outer space law should be applied to it. This article outlines the practical considerations affecting the debate and compares the existing legal principles and rules that might be applied. The author argues that a new allocative theory, which would take account of the purposes of a hybrid vehicle and its actual effects, is needed to determine whether air space law or outer space law should be applied to it.     

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.     

How shall we live in space? Culture, law and ethics in spacefaring society

The US civilian space program is focused on planning for a new round of human missions beyond Earth orbit, to realize a ‘vision’ for exploration articulated by President George W. Bush. It is important to examine this ‘vision’ in the broader context of the global enterprise of 21st century space exploration. How will extending a human presence into the Solar System affect terrestrial society and culture? What legal, ethical and other value systems should govern human activities in space? This paper will describe the current environment for space policy making and possible frameworks for future space law, ethics and culture. It also proposes establishment of a World Space Conference to aid deliberations on the above.     

The commercial development of space: is an international regulatory framework needed?

The commercial space sector to date has failed to develop comprehensive regulations--"rules of the road"--for its international activities. Within the next 5 years, conflicts with respect to international trade in satellite sales and launch services could emerge, highlighting the need for such a regulatory framework. If the commercial space sector is to continue to develop, it is important to begin discussions now, before these conflicts become significant, on the elements of an appropriate international regulatory framework. The existing framework for space activities was developed when government, not commercial, space activities were dominant, or was adapted from regulations in other sectors such as terrestrial telecommunications.     

Convergence and technology acceleration in non-safety aeronautical mobile-satellite communications: Policy for the 21st century

Commercial activities from outer space have largely consisted of satellite communications. Whilst the maritime and land-mobile services can now be regarded as mature, the next growth area is anticipated in the provision of non-safety aeronautical mobile-satellite services, a service which is now poised to expand significantly in an era marked by competition and convergence of communications technologies. This article highlights and analyses pertinent institutional, legal and regulatory issues, describing what the law is, while making recommendations relating to what the current law should become if the rules were changed to accord with good policy.     

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.     

Law aboard the space station

For over two decades, multilateral treaties have governed the spaceborne activities of nations in a variety of situations. In recent years, however, it has been apparent that a legal vacuum exists concerning the activities of individual citizens who are sent into space by the spacefaring nations. Few laws exist which are specifically intended to regulate private individuals and entities in space. This situation has led to uncertainty for potential participants in NASA's international Space Station programme. Moreover, it now appears that the Intergovernmental Agreement concerning the Space Station may not solve the problem.     

The meaning of Japan's space commercialization efforts

The gradual commercial utilization and application of the results of government-led space development programmes is a natural development. In Japan private sector involvement goes further than this because the government budget for space development is very limited. To remain competitive in an increasingly international market Japan now needs to develop a partnership between government and private enterprise to construct a system and structure that will directly benefit the public, otherwise the necessary support for space development will not be attained.     

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.     

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.     

The land remote sensing commercialization Act of 1984

This article examines the effect that private-sector remote sensing activities might have on the international community and on the future of international cooperation in space. It describes in detail The Land Remote Sensing Commercialization Act of 1984, recently passed by the US Congress and signed by President Reagan. The article concludes that it is possible to develop domestic regulations that balance the economic interests of the private sector with the legal and political concerns of the international community.     

Legal regulation of space activities in Russia

Space activities in the former USSR were regulated by numerous decisions and regulations, most of them inaccessible to the public. But despite its important space programme the state had no specific space legislation. The country's lawyers for years argued the necessity for a unified space act and the creation of a space agency. The authors of this article discuss the regulation of space activities since the break-up of the USSR. The situation is considered in two aspects: the legal regulation of cooperation within the Commonwealth of Independent States (CIS) in the exploration and use of outer space, and the legal and organizational bases of space activities in Russia after the creation of the Russian Space Agency in 1992. Appropriate agreements and other legal documents are considered.     

空间目标态势行为与事件本体设计与构建

针对空间目标态势威胁响应和预警研究不完善的问题，为实现空间目标行为和事件的智能推理、实时响应和主动预警，保障航天活动和空间利益，提出面向行为与事件的空间目标态势本体模型(BEO-SO2)。基于基本形式本体(BFO)，构建空间目标态势行为与事件本体模型。在统一时空框架下建立空间目标关系模型，实现空间目标行为执行和事件发生过程的动态推演。以空间目标碰撞威胁为背景，设计对象实体等级体系和碰撞威胁行为与事件要素，建立碰撞威胁推理规则，基于空间目标态势行为与事件本体进行实现、验证与展示。结果表明,空间目标态势行为与事件本体能够实现空间目标碰撞威胁的等级推理与预警，并指导进一步的空间活动，为航天任务与空间活动提供有效保障。     

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.     

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.     

Remote sensing: A case for moving space data towards the public good

This paper discusses whether current international and national regulation of remote sensing activities achieves a true balance between proprietary interests of producers of remote sensing data and information and the needs of the community in accessing that data and information. By subjecting remote sensing data to general copyright restrictions that are often coupled with exclusive licences, irrespective of type or use of data and/or information, the development of important secondary information markets could be negatively hampered. In the long run, over-regulating access to space data may prove counter-productive in the information age. Using examples of different modes of information dissemination currently being practised, the paper highlights the balances to be drawn between legal issues of private ownership of data and information and public good interests. It concludes with suggestions for a more coherent regulatory approach.     

Space activities in the Bolivarian Republic of Venezuela

This paper summarizes the establishment and current development of space activities in the Bolivarian Republic of Venezuela. Space activities in Venezuela are focused on the areas of telecommunications, Earth observation and research on the physical properties of the Earth, and have as a primary goal the satisfaction of social needs. Current development of space activities started in 1999 when the new National Constitution recognized the value of outer space as the common heritage of mankind, and the key role of science and technology in promoting human welfare. The Bolivarian Agency for Space Activities (ABAE) was created in 2007. Its legal framework recognizes three key elements that drive its policy: the participation of society, capacity building and human training, and international cooperation. Indeed ongoing international cooperation with partners such as China, India, Brazil and Uruguay has already expanded Venezuelan space capabilities, allowing the country to launch its first telecommunications satellite, Venesat-1 in 2008, to plan the infrastructure development for the design of small satellites, and to train 1195 local professionals in space science, technology and applications. Our analysis shows that Venezuela has the potential to become a space leadership country, promoting the social welfare, integration, and sustainable development of Latin American countries.