A new paradigm for international cooperation in space exploration

In announcing a new Vision for the US space program, President George Bush committed the USA to “a long-term human and robotic program to explore the solar system”, via a return to the Moon, leading to exploration of Mars and other destinations. He also stated that other nations would be invited to join the vision. Many other nations have, or are developing, ‘exploration visions’ of their own. The potential for international cooperation therefore exists, both at the vision and program/project levels. This paper, based on Working Group discussions as part of an AIAA space cooperation workshop,¹ presents an approach for maximizing the return on all global investments in space exploration. It proposes an international coordination mechanism through which all these various national activities could be integrated into an inherently global enterprise for space exploration, a ‘virtual program of programs’. Within the context of the coordination, individual activities would utilize the full range of cooperative mechanisms for implementation. A significant benefit of this mode of conducting cooperation is that it would not require the negotiation of complex overarching international agreements as a precondition for initiating international activity.     

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.     

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.     

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.     

European initiative & strategy for prioritising and harmonising space technology R&D

This document outlines the objectives, strategy guidelines, and the approach for the harmonisation of European space technology activities, in line with and in support of the resolution “Shaping of the Future of Europe in Space”, adopted at the ESA Ministerial Council in May 1999.Under an overall ESA co-ordination, the European space sector is elaborating a technology strategy based on top-level priorities (Dossier 0), on the mapping of European development and competences and on a co-ordinated Space Technology Master Plan (ESTMP). This plan shall take into account the various European developments, industry capacities and budgets and shall enhance the complementary role of the various partners towards common objectives.The proposed strategy includes selection of priority activities as pilot projects for harmonisation. For these pre-selected pilot projects, agreements are required on responsibilities, leaderships, partnerships and budget commitments.     

Remote assistance experiment during the manned space flight Altair

This remote assistance trial, performed within the framework of the manned space flight Altaïr, was carried out by CADMOS (CNES), with the cooperation of the Sub-directorate of CNES Operational Systems, Medes, LBM of Tours and Christol Consultants. It consisted of supplying the cosmonaut performing the Orthostatism experiment (echograph acquisition) on board the Mir station with realtime assistance by an expert (LBM of Tours) working from the ground on the CADMOS premises. The various steps of the approach followed during the preparation phase are described, as well as the technical means of communication used between the Mir station and CADMOS.     

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.     

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.     

SETI and space law: jurisprudential and philosophical considerations for humankind in relation to extraterrestrial life

The impact of confirmation of life outside the small ecosphere we call Earth will be profound on the terran population as a whole. The “Declaration Of Principles Concerning Activities Following The Detection Of Extraterrestrial Intelligence” and the IAA Position Paper “A Decision Process for Examining the Possibility of Sending Communications To Extraterrestrial Civilizations: A Proposal” provide a firm basis for the development of a new body of space law. It is important that space law design and prepare for implementation of a protocol to guide the nations of the world concerning the search for extraterrestrial intelligence (SETI), through the advice and cooperation of scientists, jurisprudential, philosophical, political and sociological scholars. Through the IAA, the IISL, the United Nations and other organizations, formal documentation should be drafted to encode the Declaration of Principles and IAA Position Paper referred to above. In this way, a body of metalaw can be developed to enable human communication with non-terrestrial life. This paper discusses the philosophical and sociological parameters of terran understanding of our place in the universe which will dramatically impact jurisprudential thought and action in light of the realization of the infinitesimally small niche that humankind occupies. A discussion of these interdisciplinary concerns will be necessary to realize a metalegal approach to interstellar communications and relations.     

Reconstituting the US space programme

This response to Alex Roland's article, ‘Priorities in space for the USA’, argues that his analysis and conclusions are based on shaky historical evidence. Professor Roland's interpretation of NASA's priorities since 1959 is challenged, and it is pointed out that the manned spaceflight programme has widespread support in the USA. The most important issue, raised by the article but not treated extensively enough, is whether the pursuit of the widely accepted emphasis on manned spaceflight is a large-scale societal mistake.     

Tackling the barriers to progress

Over 200 people attended the ‘International Business in Space’ conference, organized by the Center for Space Policy Inc, Cambridge, MA, USA, in Washington, DC, 9–11 January 1985. The official focus - commercial space developments in the USA, Canada, Europe and Japan - was somewhat of a misnomer. While US, Canadian and European views and interests were well represented, the Japanese element was almost completely absent. Virtually every category of organization likely to be involved in the ‘industrialization of space’ was strongly represented: government agencies, major and medium-sized aerospace companies, entrepreneurial space firms, and service organizations, eg consulting groups, law firms and financial institutions. Not surprisingly at this stage, attendance by non-aerospace potential users of space was very weak. This report highlights two major themes - international cooperation and the role of overnments.     

Outer space exploitability: International law and developing nations

This article outlines the principles upon which international space law is based. Space law has been successful so far in benefiting the developing countries without hampering the spacefaring nations. The principal treaty provisions that are of special interest to developing nations are discussed, and issues associated with remote sensing, communications and environmental harms are examined in detail. Since 1967 there has been a sharp change in the focus of legal concern towards ‘taking into account the particular needs of developing countries’, a principle that will be central to arrangements for the equitable sharing of the benefits of exploiting the space environment and its natural resources.     

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.     

The legal hazards of transatlantic cooperation in space

Transatlantic cooperation has played a key part in developing Europe's capabilities in space, but this has been despite serious drawbacks in the legal status of the agreements concerned. This article traces the history of transatlantic space relations and highlights the misunderstandings that have arisen. These stem from the precedence given in the USA to domestic laws and financial interests over all international agreements except formal treaties, which are generally not considered suitable for scientific and technical agreements. The article concludes with a discussion of how more stable and equitable relationships could be achieved.     

Third-party liability insurance and space launches

This article discusses a number of issues related to the US commercial expendable launch vehicle (ELV) industry and government's role in ensuring its competitiveness, particularly third-party liability insurance for space launches. The author finds that the space insurance industry has become a major constraint on the commercial development of space. The future implications are considered of US government involvement with the launch services industry, initially through providing third-party insurance itself. The author concludes that, for a stable commercial ELV industry, it will be necessary for the USA either to establish fair-trade agreements with other space-capable nations, or to maintain a significant government involvement to support the industry.     

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.     

Quo vadis COPUOS?

Since 1958, the UN Committee on the Peaceful Uses of Outer Space (COPUOS) has been an international forum working to build a body of space law by universal consensus, a method of working which has been essential to ensuring the enforce-ability of its decisions. This consensus has degenerated in recent years, slowing the progress of space law — which has now fallen dangerously behind the development of space technology. Some important recent decisions have had to be taken by majority voting rather than consensus, to overcome the paralysis of COPUOS. This, however, can only be a temporary solution. The author makes an urgent plea for a return to COPOUS and its methods.     

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.     

Making space law relevant to basic space science in the commercial space age

Space science has been at the heart of humanity's activity in space, a fact reflected in the body of space law set up to regulate such activity. The increase in commercial utilisation of space may threaten the conduct of space science; reform of space law, however, could alleviate this situation. Using the examples of radio and light interference, and space debris, this articles examines ways in which the law could be reformed to improve conditions for scientists. It also discusses the need for, and equitable ways of, prioritising space activities. The forthcoming IHY 2007 should provide an opportunity for scientists to showcase their achievements.     

Keeping the peace in outer space: a legal framework for the prohibition of the use of force

Outer space is an area of growing economic and technological importance. It is also a developing theatre of military defence and warfare. Against this backdrop, development of a legal framework on the use of force in outer space is of critical urgency. This paper proposes a framework for the development of international law in this area and also assesses the effectiveness of the current state of international law governing the prohibition on the use of force in the context of outer space. It expands upon a proposed role for the United Nations and outlines a proposed enforcement mechanism for the law on the use of force in outer space. This proposed framework rests on a three-tiered system involving an International Tribunal for Outer Space, an International Space Surveillance Agency and an International Space Inspection Agency, co-ordinated through a Secretariat under the auspices of the United Nations Office of Outer Space Affairs. The paper also provides a proposed Protocol on International Peace and Security to the 1967 Outer Space Treaty as a means of establishing the proposed enforcement mechanism. Finally, the paper looks at the complexities involved in developing the law, and moots immediate steps for its development.