Creating a world space organization: A global approach to mastering space

The USSR has proposed the creation of a World Space Organization for the purpose of research and utilization of space for the common needs of all humanity. By uniting forces, the nations on Earth can master space more quickly and successfully, and at the same time avoid an arms race in space. The author describes the goals of the proposed organization, and why it should be given serious attention.     

Capacity building in space technology development: A new initiative within the United Nations programme on space applications

Since 1971 the UN Programme on Space Applications, implemented by the Office for Outer Space Affairs, has been organizing workshops, symposiums and expert meetings and providing training opportunities in the practical applications of space technology. In 2009 the Office launched the Basic Space Technology Initiative (BSTI). The BSTI encompasses a range of activities in support of capacity building in space technology development in response to the growing interest of academic and governmental organizations in many countries to establish basic, indigenous capabilities to develop nano- and small satellites. Considerations such as the education and training of experts, the creation of required testing and building infrastructure, opportunities for international cooperation and the applicable legal and regulatory frameworks are therefore of particular interest to these organizations. The BSTI aims to assist them with their efforts. This paper describes the origins of the initiative, the activities that have been conducted to date and the work planned for 2011 and beyond.     

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.     

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.     

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.     

Is it time to create a World Space Agency?

The end of the Cold War has allowed the proposal for a World Space Agency, originally proposed by the USSR, to be given serious consideration. There are clearly benefits that could accrue from the emergence of such an organization. Nevertheless it would be premature to establish it now. Rather, current efforts should be directed towards fashioning structures and activities that could serve as solid building blocks for a permanent global space institution.     

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.     

Emerging views on a joint Soviet—US Mars mission

The political climate today is more favourable for joint superpower cooperation in space than it has been for many years. The authors of this Viewpoint, who studied together as members of the inaugural class of the International Space University, trace recent developments in the USA and USSR and evaluate how they might affect cooperation. Ironically, they find, it is the common problems both nations face in relation to space activities - budgetary constraints and declining political support for their space programmes - that argue most forcefully for cooperation. But a subtle and initially modest strategy will be needed to overcome the obstacles that stand in the way.     

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.     

A model for multinational space cooperation

It is becoming increasingly clear that space activities can benefit from international cooperation, but concerns about national interests remain. This article examines the experience of the Inter-Agency Consultative Group (IACG), which achieved striking success in coordinating the efforts of the USA, the USSR, the European Space Agency and Japan to study Halley's Comet. Subsequently the IACG has undertaken a new project, focused on solar-terrestrial science, and further expansion could follow. However, tje group's success has depended on scrupulous respect for members' national autonomy, and so it is unlikely to herald the formation of a supranational space agency in the near future.     

Financing of space assets

The commercialization of space activities would increase if countries or companies could get more financial support. Space activities involve a high level of risk, however, which is why financial institutions are reluctant to advance credit. The International Institute for the Unification of Private Law (Unidroit) is interested in finding legal ways to satisfy commercial and financial needs by improving creditors’ guarantees and it has been proposing a draft Protocol on matters concerning space assets. This article aims to show why this subject has attracted the attention of both developing and developed countries. It also attempts to predict the consequences of the Protocol for space activities in developing countries.     

Risk management in commercial launches

The article explores the way so-called legal space risks are managed in US commercial space transportation. Risk management in the space transportation field is a highly regulated process, thus allowing practically no possibility of deviating from the system stemming from such regulation. Such a system arises from the legislation, basically the Commercial Space Launch Act, and the agreements. This risk-management structure is characterized by the transfer of risks from the space launch provider to both the user and the government and by the ensuing launcher's limitation of liability.     

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.     

Space development: social and political implications

Far-reaching social and political issues are implicit in any discussion of large-scale space development. This Viewpoint argues that the evolution of appropriate political institutions to deal with these issues is likely to be at least as important as the development of new technology. If large-scale space development is to take place, global international cooperation will be essential and such cooperation will have to be underpinned by enhanced institutional and legal structures. In the shorter term, an appropriate institutional response may be the creation of a World Space Agency. However, in the longer term, we should probably view a world space programme as falling within that class of global concerns that would be most appropriately managed by a federal world government.     

Near space as a sui generis zone: A tri-layer approach of delimitation

The lack of a legal boundary between air space and outer space has not given rise to significant difficulties in the determination of applicable law with respect to traditional flight craft – aircraft and space objects, due to their separated sphere of activities. But the advent of new flight craft that are capable of operating in the intermediate “near space”, i.e. Near Space Vehicles, would render a clarification of their applicable law and the legal status of the zone requisite. For the purpose of balancing the right of exploration and use of near space and the security interest of subjacent States, this short note proposes a tri-layer approach of delimitation by which near space is established as a sui generis zone reserved exclusively for peaceful purposes, while the space below the upper operative limit of aircraft and that above the lower operative limit of space craft are air space and outer space respectively.     

EVA 2000: a European/Russian space suit concept

For the European manned space activities an EVA space suit system was being developed in the frame of the Hermes Space Vehicle Programme of the European Space Agency (ESA). The space suit was to serve the needs for all relevant extravehicular activities for the Hermes Columbus operations planned to begin in 2004. For the present Russian manned space programme the relevant EVAs are performed by the Orlan-DMA semi-rigid space suit. The origin of its development reaches back to the 1970s and has since been adapted to cover the needs for extravehicular activities on Salyut and MIR until today. The latest modification of the space suit, which guaranteed its completely self-contained operation, was made in 1988. However, Russian specialists considered it necessary to start developing an EVA space suit of a new generation, which would have improved performance and would cover the needs by the turn of the century and into the beginning of the next century. Potentially these two suit developments could have a lot in common based on similarities in present concepts. As future manned space activities become more and more an international effort, a safe and reliable interoperability of the different space suit systems is required. Based on the results of the Munich Minister Conference in 1991, the European Space Agency and the Russian Space Agency agreed to initiate a requirements analysis and conceptual design study to determine the feasibility of a joint space suit development, EVA 2000. The design philosophy for the EVA 2000 study was oriented on a space suit system design of: space suit commonality and interoperability; increased crew productivity and safety; increase in useful life and reduced maintainability; reduced development and production cost. The EVA 2000 feasibility study was performed in 1992, and with the positive conclusions for EVA 2000, this approach became the new joint European Russian EVA Suit 2000 Development Programme. This paper gives an overview of the results of the feasibility study and presents the joint requirements and the proposed design concept of a jointly developed European Russian space suit.     

Changing structure of the Soviet space programme

Political and economic changes in the USSR are having a dramatic impact on the nature and direction of the Soviet space programme. This article describes the main elements of what can now be seen as a sprawling and fractured bureaucracy. Some voices within the USSR are calling for the creation of some kind of national space agency, but the forces making for further fragmentation seem stronger. Whatever the eventual outcome, new opportunities for international commercial contact are likely to arise.     

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.     

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.