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.     

Future for CIS space industry

The following is the executive summary of Volume 1 of Euroconsult's four volume study, Space Industries and Markets in Russia and Other Countries of the Former Soviet Union. The material reproduced covers space policy and industry in CIS countries, providing a transversal view of CIS space activities and organizations. Generic problems across all fields of applications are analysed; the final focus is on trade with foreign countries. The other volumes cover prospects for satellite communications in the CIS to 2000; prospects for Earth observation satellite systems in Russia and Ukraine to 2000; and prospects for space transportation systems in the CIS to 2000. Information on the whole — some 650 pages — may be obtained from Pauline Byrne at Euroconsult, 71 Boulevard Richard Lenoir, 75011 Paris, France.     

International coordination of space solar power related activities

Because the need for energy is global, and many energy networks are already interdependent, because no one country has sufficient technological capability or sufficient funds to provide a space solar powered solution on its own, and because any such solution will require international regulation, international coordination will be vital to any attempt to produce energy for Earth from space. This will be made easier by the fact that work on the subject has already been widely publicized and distributed and cooperative efforts have already been made. Various coordinating approaches are described and the need to forge partnerships between government, industry and academia — with greater involvement of all non-space groups concerned with energy — is emphasized. A “terracing approach” to the actual implementation of SPS is suggested and outlined.     

A code of ethics for conducting business in outer space

The aim to increase commercial economic activity in space will be facilitated by the introduction of a code of ethics for the businesses involved, something that is now commonplace on Earth. A proposed such code—comprising 12 principles—is presented below. It covers areas such as environmental stewardship of space, the promotion of honest dealings, making safety an important concern, ensuring a free-market economy and disclosure of conflicts of interest or political contributions.     

Kazakhstan's space policy in a changing national and global context

In the wake of its transition to a market economy and the political and social reforms that have accompanied this, Kazakhstan—home to the renowned Baikonur space complex—is experiencing greater demand for space services. This article reports on the drivers behind and main features of the country's current space program and analyzes Kazakahstan's space policy. Key priorities are capacity building, maximizing revenue from the lease of Baikonur, international cooperation, in particular with Russia, as a means of gaining know-how and entering the world space industry, developing Earth observations and broadcasting expertise, and placing the country's activities within a legal framework.     

The impact of launch vehicle type and size on development cost

The technical development trend of future launch vehicle systems is towards fully reusable systems, in order to reduce space transportation cost. However, different types of launch vehicles are feasible, as there are

• —winged two-stage systems (WTS)

• —ballistic single-stage vehicles (BSS)

• —ballistic two-stage vehicles (BTS)

The performance of those systems is compared according to the present state of the art as well as the development cost, based on the “TRANSCOST-Model”. The development costs are shown versus launch mass (GLOW) and pay-load for the three types of reusable systems mentioned above.It is shown that performance optimization and cost minimization lead to different results. It is more economic to increase the vehicle size for achieving higher performance, instead of increasing technical complexity.Finally it is described that due to the essentially lower launch cost of reusable vehicles it will be feasible to recover the development cost by an amortization charge on the launch cost. This possibility, however, would allow commercial funding of future launch vehicle developments.     

Improved space safety for astronauts

The 2003 Columbia accident demonstrated that spaceflight remains a risky and dangerous human endeavor, yet there have been few ‘unofficial’ investigations into astronaut safety. This report summarizes the findings of one such study by George Washington University's Space & Advanced Communications Research Institute—e.g. that simplicity of design may be better than complexity, that cargo missions would be better carried out robotically and that all new space transportation systems should be developed to common international standards—before examining ways that international cooperation can advance the cause of space safety. In establishing future space safety standards input from a wider range of participants (industry, universities and private research institutes, as well as space agencies, etc.) will need to be sought.     

The Indian EO Programme-national and global drivers

The Indian Earth Observations Program, over the past three decades, has been mainly driven by the national need for natural resources management, environment monitoring and disaster support. With an array of seven Indian Earth Observation Satellites, national development support has been provided through a well-knit institutional framework of a National Natural Resources Management System (NNRMS). A wide variety of applications have been developed as an inter-agency effort over the past 15 years. Now, the capacity of the programme has extended into the global arena and is providing operational data services to the global user community. Positioning of relevant policy guidelines for the EO program to contribute to national endeavor and its transitioning for global outreaching and development of a commercial enterprise — both at national and global levels has been an area of constant attention within ISRO.Issues related to defining the space and data acquisition as a national “public ground”, costing of data products and services and evolving a commercial Earth Observation policy have been addressed for providing the overall thrust of the Indian Earth Observations program. The paper discusses the evolution of the policy in the early stages and its transition today to support a two-pronged strategy of supporting national development support and at the same time, developing a commercial program. The paper also illustrates the success of these policy endeavors through specific cases of applications and development of value added services. The paper also brings out the potential policy adjustments that will be called for in the coming years.     

Space ethics and protection of the space environment

The construction of the International Space Station in low Earth orbit and the formulation of plans to search for life on Mars indicate that mankind is intent on making the space environment part of its domain. Publicity surrounding space tourism, in-space ‘burials’ and the sale of lunar ‘real estate’ suggests that, some time in the 21st century, the space environment will become an extension of our current terrestrial business and domestic environment. This prompts the question of our collective attitude towards the space environment and the degree to which we should regulate its use and protect it for future generations. This article offers a pragmatic view of an ethical code for space exploration and development, as far as it relates to the protection of the space environment.     

Forecasting space markets

Space Policy is here reprinting edited extracts from two reports — one French, one American — which aim to forecast the market for space applications and launch services over the next 10 and 15 years respectively. Euroconsult 1986 edition of The World Space Industry Survey: Ten-Year Outlook gives a country-by-country analysis of policies and programmes; an evaluation of markets for space applications and a forecast of the market for launch systems. The Report on the 1986 Outside Users Payload Model, prepared by Battelle, Columbus Division, for the US National Aeronautics and Space Administration, provides an estimate of demand for launch services for payloads in a range of mission categories flown by countries outside the Soviet bloc. Using different starting points and methodologies, the two reports nevertheless draw convincingly similar conclusions.     

Doppler Detection of Gravitational Bursts Using the Earth's Satellites

We discuss the possibility of detection of low-frequency gravitational waves by means of Doppler tracking of a relatively close satellite of the Earth. A detailed analysis is performed of electromagnetic fluctuations in the space communication channel and of the instrumental noise of receiving–transmitting systems. It is shown that when certain compensating procedures are used, one can detect gravitational radiation generated in star collapses and coalescences of binaries in our Galaxy in the frequency range from 2 × 10^–3 to 5 × 10^–1 Hz and with a metric variation amplitude of 10^–15 and higher.     

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.     

SPS — time for a pilot plant

Scientists have expended much energy researching SPS but their theories have never yet been realistically tested. It is time for this to change and SPS 2000 — a Japanese-sponsored project to construct and operate a pilot plant to supply electricity to residents of equatorial zones — could provide the means. The project and its benefits are described and the political—economic imperatives for undertaking it presented. The author argues that there are cogent — and practical — reasons for funding a pilot plant, especially given the vast sums spent on other space activities, and on nuclear power, although the latter has never lived up to expectations.     

From initial ideas to a European plan: GMES as an exemplar of European space strategy

Global Monitoring for Environment and Security (GMES) is an idea which originated during a meeting in Baveno, Italy, in May 1998, which generated a call for Europe to get its act together in the field of environmental monitoring from space, to define a well articulated strategy in this area and to build upon its excellent scientific research community, its proven technical prowess in Earth observation from space and its nascent political will to express its objectives in international fora related to climate change and other global environment topics. While Europe was already active in the most advanced areas of global monitoring, its rather uncoordinated efforts (even within the European Commission) lacked visibility and did not appear to fit into a clearly established strategy. The ‘Baveno initiative’ was an attempt to remedy this situation and find a place within a developing ‘European Strategy for Space’, which requires ESA and the European Union to work more closely together. GMES was extended to include the ‘security’ (in its wider sense) aspects of global monitoring, a move that produced a number of questions and misunderstandings, but which allowed many in Europe to realize that monitoring the activities of the Earth’ land masses, oceans and atmosphere do include a security dimension. GMES will eventually incorporate an implementation plan which will call upon various monitoring techniques, ambitious modelling projects and connections with society's more urgent requirements with respect to environmental protection and prevention or reduction of risks related to natural hazards. This will entail significant efforts to inform the user communities and to convince them of the relevance and usefulness of this initiative. It will also provide a sound basis for the European contribution to the new initiative for improved coordination of strategies and systems for Earth observations called for by the July 2003 Earth Observation Summit.     

Tracing the evolutionary path for space technologies

Proliferation and pace of advancing technologies warrant policy and strategic decision-making. Without thinking ahead, companies can loose marketshare and countries can yield comparative advantage. The rate at which burgeoning technologies progress, however, can make it difficult for corporations and governments alike to discern or better anticipate critical junctures in technology developments. This paper presents a conceptual, multidimensional framework, the “evolutionary path”, for understanding the stages of technological development in the civil space area. The analysis draws from three case studies — communications satellites, computers, and launch vehicles — and shows how the implications and developments of new, breakthrough technologies differ from the incremental technology upgrades or the later emergence of interconnected systems and infrastructures.     

Planetary Defense From Space: Part 2 (Simple) Asteroid Deflection Law

A system of two space bases housing missiles for an efficient Planetary Defense of the Earth from asteroids and comets was firstly proposed by this author in 2002. It was then shown that the five Lagrangian points of the Earth–Moon system lead naturally to only two unmistakable locations of these two space bases within the sphere of influence of the Earth. These locations are the two Lagrangian points L1 (in between the Earth and the Moon) and L3 (in the direction opposite to the Moon from the Earth). In fact, placing missiles based at L1 and L3 would enable the missiles to deflect the trajectory of incoming asteroids by hitting them orthogonally to their impact trajectory toward the Earth, thus maximizing the deflection at best. It was also shown that confocal conics are the only class of missile trajectories fulfilling this “best orthogonal deflection” requirement.The mathematical theory developed by the author in the years 2002–2004 was just the beginning of a more expanded research program about the Planetary Defense. In fact, while those papers developed the formal Keplerian theory of the Optimal Planetary Defense achievable from the Earth–Moon Lagrangian points L1 and L3, this paper is devoted to the proof of a simple “(small) asteroid deflection law” relating directly the following variables to each other:

(1) the speed of the arriving asteroid with respect to the Earth (known from the astrometric observations);

(2) the asteroid's size and density (also supposed to be known from astronomical observations of various types);

(3) the “security radius” of the Earth, that is, the minimal sphere around the Earth outside which we must force the asteroid to fly if we want to be safe on Earth. Typically, we assume the security radius to equal about 10,000 km from the Earth center, but this number might be changed by more refined analyses, especially in the case of “rubble pile” asteroids;

(4) the distance from the Earth of the two Lagrangian points L1 and L3 where the defense missiles are to be housed;

(5) the deflecting missile's data, namely its mass and especially its “extra-boost”, that is, the extra-energy by which the missile must hit the asteroid to achieve the requested minimal deflection outside the security radius around the Earth.

This discovery of the simple “asteroid deflection law” presented in this paper was possible because:

(1) In the vicinity of the Earth, the hyperbola of the arriving asteroid is nearly the same as its own asymptote, namely, the asteroid's hyperbola is very much like a straight line. We call this approximation the line/circle approximation. Although “rough” compared to the ordinary Keplerian theory, this approximation simplifies the mathematical problem to such an extent that two simple, final equations can be derived.

(2) The confocal missile trajectory, orthogonal to this straight line, ceases then to be an ellipse to become just a circle centered at the Earth. This fact also simplifies things greatly. Our results are thus to be regarded as a good engineering approximation, valid for a preliminary astronautical design of the missiles and bases at L1 and L3.

Still, many more sophisticated refinements would be needed for a complete Planetary Defense System:

(1) taking into account many perturbation forces of all kinds acting on both the asteroids and missiles shot from L1 and L3;

(2) adding more (non-optimal) trajectories of missiles shot from either the Lagrangian points L4 and L5 of the Earth–Moon system or from the surface of the Moon itself;

(3) encompassing the full range of missiles currently available to the USA (and possibly other countries) so as to really see “which missiles could divert which asteroids”, even just within the very simplified scheme proposed in this paper.

In summary: outlined for the first time in February 2002, our Confocal Planetary Defense concept is a simplified Keplerian Theory that already proved simple enough to catch the attention of scholars, popular writers, and representatives of the US Military. These developments would hopefully mark the beginning of a general mathematical vision for building an efficient Planetary Defense System in space and in the vicinity of the Earth, although not on the surface of the Earth itself!We must make a real progress beyond academic papers, Hollywood movies and secret military plans, before asteroids like 99942 Apophis get close enough to destroy us in 2029 or a little later.     

Planning for the Global Earth Observation System of Systems (GEOSS)

The Group on Earth Observations was established to promote comprehensive, coordinated, and sustained Earth observations. Its mandate is to implement the Global Earth Observation System of Systems (GEOSS) in accord with the GEOSS 10-Year Implementation Plan and Reference Document. During the months over which the GEOSS Implementation Plan was developed, many issues surfaced and were addressed. This article discusses several of the more interesting or challenging of those issues—e.g. fitting in with existing organizations and securing stable funding—some of which have yet to be resolved fully as of this writing. Despite the relatively short period over which the Implementation Plan had to be developed, there is a good chance that the work undertaken will be influential for decades to come.     

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.     

Is there really any duplication in Europe''s space activities?

At a time of declining space budgets in Europe, and of a consequent need to make savings, accusations of wasteful duplication—resulting from the large number of national agencies pursuing programmes alongside ESA—are rife, as are calls for the space industry further to consolidate. This viewpoint argues that duplication is not really the issue, however, since most national agencies have become specialists in particular fields. Nor would industry restructuring be straightforward, given the fact that Europe cannot be satisfied with a single source of supply. What is needed is better coordination between space agencies upstream to avoid later duplication, as is now being pursued through ESA's ‘harmonisation process’. The move to create a Network of Centres could also promote worthwhile collective action. These initiatives are more realistic than the technocratic aim of completely restructuring European space.     

Some comments on the ESA/EU space strategy

Not only have the European Space Agency (ESA) and the European Union Commission succeeded in producing a joint space strategy within the time set for it, they have created a substantial and worthwhile document which recognises the importance of space for Europe and acknowledges that ESA—not national agencies—is the right body for the conduct of Europe's space efforts. Nevertheless, the strategy's lack of any government financial commitment is a worry— Public–Private Partnerships will never be enough—as is its failure to include any thought for the long term, and in particular manned flight. This critique of the strategy argues for more government spending on space and for greater long-term vision.