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.     

Stepping stones toward global space exploration

Several nations are currently engaging in or planning for robotic and human space exploration programs that target the Moon, Mars and near-Earth asteroids. These ambitious plans to build new space infrastructures, transport systems and space probes will require international cooperation if they are to be sustainable and affordable. Partnerships must involve not only established space powers, but also emerging space nations and developing countries; the participation of these new space actors will provide a bottom-up support structure that will aid program continuity, generate more active members in the space community, and increase public awareness of space activities in both developed and developing countries. The integration of many stakeholders into a global space exploration program represents a crucial element securing political and programmatic stability. How can the evolving space community learn to cooperate on a truly international level while engaging emerging space nations and developing countries in a meaningful way? We propose a stepping stone approach toward a global space exploration program, featuring three major elements: (1) an international Earth-based field research program preparing for planetary exploration, (2) enhanced exploitation of the International Space Station (ISS) enabling exploration and (3) a worldwide CubeSat program supporting exploration. An international Earth-based field research program can serve as a truly global exploration testbed that allows both established and new space actors to gain valuable experience by working together to prepare for future planetary exploration missions. Securing greater exploitation of the ISS is a logical step during its prolonged lifetime; ISS experiments, partnerships and legal frameworks are valuable foundations for exploration beyond low Earth orbit. Cooperation involving small, low-cost missions could be a major stride toward exciting and meaningful participation from emerging space nations and developing countries. For each of these three proposed stepping stones, recommendations for coordination mechanisms are presented.     

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.     

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.     

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.     

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.     

New roles in space for the 21st century: a Uruguayan view

In the economic and social circumstances of the 21st century globalized world, there is a need to rethink the traditional roles and positions in space of international intergovernmental organizations, states, both developed and developing, and humankind itself. Uruguay provides an example of a non-typical country that has managed to carve an important niche for itself in the field of space law. Although globalization is an irreversible phenomenon, which has had a devastating effect on the weakest countries, following the attacks of 11 September 2001 insecurity has become globalized for everyone. From the point of view of a state such as Uruguay, this crisis must be looked upon as an opportunity to renew and inspire intelligence, education and culture. In this way—and by continuing to argue for a global space organization—it can contribute to making the Space Age an era of global and planetary solidarity for the benefit of humankind.     

Switzerland and space – how a small country succeeds

Is it possible for small nations to get their concerns aired or improve their industries and economies in the field of space activities? In this edited version of a speech to the international symposium on ‘The History of the European Space Agency’, held in London, 11–13 November 1998, the author demonstrates that, through judicious cooperative endeavour within the framework of ESA, and a willingness to put forward solutions rather than harping on problems, it is. Switzerland’s role in the foundation of ESA is discussed, along with various successful initiatives taken by the country. The particular difficulties presented by the country’s constitution – and how they have been overcome – are also examined. The author concludes with some thoughts on the present and futute state of space affairs in Europe.     

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.     

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.     

The need for air space and outer space demarcation

This paper argues the need now to consider defining a vertical or spatial boundary between air space and outer space, which in turn effectively means defining the extent of air law and space law. Technology changes in aircraft, spacecraft, positioning systems and remote sensing, combined with the growth in the number of spacefaring nations, make the situation different from the early days of the space era when it was assumed that a boundary would be defined at a future indeterminate date. This article describes the background to the debates and the growing pressures of the questions of sovereignty concerning air and space law, and argues the case for a vertical or spatial boundary rather than a functional one.     

European space research in support of international partnership

The envisaged future space research programmes, whether in the field of space exploration or Earth observation are becoming more and more technically complicated and so costly that a single nation can hardly afford to realize them. Major non-European space-faring nations, China and India will progressively play an important role besides US, Russia and Japan. The Space Advisory Group of the European Commission recommended that the European Commission supports within Horizon 2020 a comprehensive Robotic Mars-Exploration Programme under European leadership that should become an essential element of a coordinated international space research programme. The International Space Station (ISS) experience shows that cooperative space programmes build links between industries and laboratories from around the world, which then further develop in non-space related activities, with positive impact on the economy and scientific research. Strategies need to be developed to mitigate the gradual increasing risks incurred by climate change. In order to lower their entry barrier to engage in space emerging and developing space nations need to be included in cooperative space programmes. We present the recommendations of the Space Advisory Group of the European Commission concerning Europe's participation to global space endeavours.     

Developing new launch vehicle technology: The case for multi-national private sector cooperation

Space is now a global business, yet the cost of getting to space is still high. Developing new launch vehicles that are cheaper, safer, and more reliable is the key to both rapid commercial growth and to more and better government uses of space. However, the R&D process leading to new launch vehicles is expensive and technically challenging; the past 50 years have seen many government development programs, but no major technological breakthroughs. Perhaps, it is therefore time to think about other ways of developing new launch vehicles. The best expertise in this field resides primarily with private companies and is spread across many actors and nations. A consortium led by space firms might be a better approach to opening up space in the 21st century. Governments will have to develop new policies treating space as though it were a commercial industry, in particular, relaxing export trade restrictions wherever possible. Issues of dual-use may be outweighed by the rapidly growing widespread availability of launch capabilities. Since new launch vehicles will require large up-front R&D expenditures, government support will continue to be needed to supplement private capital funds. Contributions to this effort should be international. However, difficult it might be in today's security conscious environment to reorient government policy, doing so may offer the most efficient and successful way to break the technological and economic barriers to more reliable access to space.     

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.     

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.     

Space and modernity: 50 years on

As we celebrate the 50th anniversary of the start of spaceflight and of the initiation of European integration, both these symbols of modernity seem to have stalled. We have learnt that some forms of modernity bore a heavy price, such as environmental issues. The social value of ‘progress’ has changed; this affects the types of programme that publics support. Although prestige may still be important to new spacefaring nations, it is the utility of space technology in solving terrestrial problems that is most important, while economic changes, which have made government funding tighter, have opened the door to private initiatives. As we enter the 21st century, we can still be proud of our achievements in space, but we must understand that the reasons we pursue such activity has changed.     

Space-based societal applications—Relevance in developing countries

Space technology has the vast potential for addressing a variety of societal problems of the developing countries, particularly in the areas of communication, education and health sectors, land and water resources management, disaster management and weather forecasting. Both remote sensing and communication technologies can be used to achieve this goal.With its primary emphasis on application of space technology, on an end-to-end basis, towards national development, the Indian Space Programme has distinguished itself as one of the most cost-effective and development-oriented space programmes in the world.Developing nations are faced with the enormous task of carrying development-oriented education to the masses at the lower strata of their societies. One important feature of these populations is their large number and the spread over vast and remote areas of these nations, making the reaching out to them a difficult task. Satellite communication (Satcom) technology offers the unique capability of simultaneously reaching out to very large numbers, spread over vast areas, including the remote corners of the country. It is a strong tool to support development education. India has been amongst the first few nations to explore and put to use the Satcom technology for education and development-oriented services to the rural masses.Most of the developing countries have inadequate infrastructure to provide proper medical care to the rural population. Availability of specialist doctors in rural areas is a major bottleneck. Use of Satcom and information technology to connect rural clinics to urban hospitals through telemedicine systems is one of the solutions; and India has embarked upon an effective satellite-based telemedicine programme.Space technology is also useful in disaster warning and management related applications. Use of satellite systems and beacons for locating the distressed units on land, sea or air is well known to us. Indian Space Research Organisation (ISRO) is already a part of the International initiative called Satellite Aided Search and Rescue System.The programme to set up satellite-based Village Resource Centres (VRCs) across India, for providing a variety of services relevant to the rural communities, is also a unique societal application of space technology. The VRCs are envisaged as single window delivery mechanism for a variety of space-based products and services, such as tele-education; telemedicine; information on natural resources for planning and development at local level; interactive advisories on agriculture, fisheries, land and water resources management, livestock management, etc.; interactive vocational training towards alternative livelihood; e-governance; weather information; etc.This paper describes the various possibilities and potentials of Satcom and Remote Sensing technologies for societal applications. The initiatives taken by Indian Space Research Organisation in this direction are highlighted.     

International Heliophysical Year 2007: Basic space science initiatives

The UN Office for Outer Space Affairs, through the IHY Secretariat and the United Nations Basic Space Science Initiative (UNBSSI), assists scientists and engineers world-wide to participate in the International Heliophysical Year (IHY) 2007. A major thrust of IHY/UNBSSI is to deploy arrays of small, inexpensive instruments such as magnetometers, radio telescopes, GPS receivers, all-sky cameras, etc. around the world to allow global measurements of ionospheric and heliospheric phenomena. The small instrument program is envisioned as a partnership between instrument providers and instrument hosts in developing nations, with the former providing the instruments, the host nation the manpower, facilities and operational support, typically at a local university. Funds are not available through IHY/UNBSSI to build the instruments; these must be obtained through the normal proposal channels. All instrument operational support for local scientists, facilities, data acquisition, etc. will be provided by the host nation. The IHY/UNBSSI can facilitate the deployment of several of these networks and existing databases and relevant software tools will be identified to promote space science activities in developing nations. Extensive data on space science have been accumulated by a number of space missions. Similarly, long-term databases are available from ground-based observations. These data can be utilized in ways different from those originally intended for understanding the heliophysical processes. This report provides an overview of IHY/UNBSSI, its achievements, future plans and outreach to the 192 member states of the United Nations.     

International space programmes and policies : N. Jasentuliyana and Ralph Chipman, eds North Holland, Amsterdam and New York, 1984, 552 pp, $65.00

The Second United Nations Conference on the Exploration and Peaceful Uses of Outer Space ( 82) identified crucial problems and made recommendations on strategies for developing countries to bridge the gap with advanced nations in the area of space technology. This article addresses some issues which, although implicit in the Report, are not discussed in detail therein. The role of space science and related scientific research is particularly emphasized. Close attention is paid to the role of human factors, such as the motivation to conduct research, the motivation to engage in international cooperation, and the motivation to utilize and exploit space. Possible opportunities for space research for developing countries, as well as relevant issues concerning management of space, are briefly discussed.     

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.