Space Smurfs: S02E03
Space Smurfs
Smurfing our way to build space friendships across Asia-Pacific Oceania! ??
Outer space governance
There are laws that govern human activities on this planet, and there are laws that govern human activities in outer space.
We are already there! where we need laws not just for Planet Earth but also for the entire cosmic landscape.
And in case you are wondering, yes, there is a profession as ‘Space lawyer’!?How cool is that?
What is space law??
Space law can be described as the body of law governing space-related activities. It comprises all rules and regulations, conventions, treaties, principles, etc. that govern human behavior in space.?
Space policy is also a popular term, which indicates the plans and directions that we intend to follow regarding space-related activities. Space law is the tool used to implement those policies. To quote an example, for the implementation of policy in the human exploration of space, laws regarding technological, safety, and security requirements can be considered as rules.
Space law not just governs space exploration but also encompasses a variety of matters. To mention a few: space and earth environment preservation, space security, space-related dispute settlement, damage liability incurred by space assets, information-sharing, international cooperation.?
?The laws are prescribed at various levels of governing hierarchy. At the highest rung are the United Nations (UN) resolutions and international treaties. National laws binding their citizens to follow best behavior practices are the next level of regulations. The subsequent level consists of contracts between various stakeholders.?
All these interdependent entities form the space ecosystem. The last and basic level of space laws is called soft laws. These laws add to the already existing Outer Space treaty, enabling it to evolve and add more meaning to any ambiguities present in the existing laws.?
Five international treaties?
The following are the five international treaties overseen by the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS).
The Outer Space Treaty?
“Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies”
The Rescue Agreement?
“The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space”?
The Moon Agreement?
“The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies”?
The Liability Convention?
“The Convention on International Liability for Damage Caused by Space Objects”?
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The Registration Convention?
“The Convention on Registration of Objects Launched into Outer Space”?
Artemis Accords, Proposed Prevention of an Arms Race in Space (PAROS) Treaty, Guidelines for the Long-term Sustainability of Outer Space Activities are few among many other notable treaties, guidelines, and agreements.??
Commercial space law?
Commercial space laws are directives governing all entities, private, government, organizations, and individuals, who engage in space commerce. Space commerce involves not only space exploration but also telecommunication, weather forecasting, and other space-based applications. Space commerce will be governed by economic, social, and ethical norms around the world.
National governments are responsible and liable for their citizens’ activities; they should both authorize and supervise the space activities happening under their jurisdiction. In case of no national space legislation like in India, all entities should still follow the outer space treaty.?
Governments across the world usually frame more laws depending on the trades happening in their countries. So, the laws vary from country to country but all come under the blanket of the outer space treaty.?
Space-faring nations prefer more freedom with respect to space exploration as there are increasing interest and investment from the private sector. Other developing nations look for equitable distribution and sustainability of space resources and opportunities.??
?Recently advancements in space tourism have gained a lot of attraction and of course, a lot of debates. Some of the typical questions that pop into our minds are, “should we call the commercial crew astronauts?”, “As every state has complete and exclusive sovereignty over their airspace, how to distinguish between airspace and space?”, “what will be the cost?”, “will I be able to fly to space within my lifetime?”, “what if something happens to me or the spacecraft during the flight?”, “what are the safety requirements and factors?. The questions are endless!?
As more and more of these activities are being realized, laws will follow and evolve. For now, space flights are regulated by private individual contracts. In the future, the nomenclature for space flights may even follow the example of the passenger flight model of today, that is, a flight has pilots, cabin crew, and passengers.?
Just because we fly in an aircraft, we do not call ourselves pilots but at the same time, we do not need rigorous training to fly in one! It would be awesome if we could just book a space trip with a few clicks in an app for a weekend getaway. With the advancements in the NewSpace industry, those days may not be even that far in the future!
More pressing concerns circles back to sustainability similar to the aviation industry. Launch emissions can impact the ozone layer and stratosphere[Link]. It is likely to get worse with the increased commercial race. The laws and regulations have to evolve keeping up with the speed of technological advancements in the industry. Laws pertaining to safety, security, and reliability are also regarded as critical.?
International politics on Earth and its impact on outer space
International politics on Earth can significantly impact outer space activities. The sanction against Russia and Russia’s announcement to end space cooperation until the sanction is lifted stands as an example. Another latest news on this front is also the need for rocket rides as Russia has halted the operation of Soyuz flights. More updates on how the Russia-Ukraine war impacts on space industry can be discovered here.
International Space Station(ISS) is a space asset governed by multiple international, intercontinental, and organizational treaties. For example, ISS hosts both USA’s power systems and Russia’s propulsion system. Each state player has a part to play and they must not bring harm to other state players. Harming others is a definite legal and moral violation but ultimately it rests in the hands of the people who have to make these decisions.?
Can we own a piece of celestial body?
Image source: https://lunarland.com
While there are celestial real estate agencies that are selling pieces of land on the moon and Mars and claim that it is legit, the expert of the session shares that we simply cannot own a piece of a celestial body.?
The space lawyer adds that it is possible to get a certificate as a souvenir but the Outer Space Treaty’s principle of non-appropriation prohibits nations or individuals or entities from owning celestial objects. More to read on this aspect [Link here]