Space law - Knowledge

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Law Applicable to Military Uses of Outer Space (MILAMOS Project) which aims to clarify existing rules of international law as they apply to military uses of outer space. The MILAMOS Project aims to contribute to "a future where all space activities are conducted in accordance with the international rules-based global order, without disrupting, and preferably contributing to, the sustainable use of outer space for the benefit of present and future generations of all humanity." Another international collaborative project announced in 2020, being led by Prof. Ram S. Jakhu, Bayar Goswami and Kuan-Wei (David) Chen, is the McGill Encyclopedia of International Space Law (at SpaceLawPedia.com) which aims to "fulfill the need for an objectively curated online resource on key subject-matters of international space law. With the input of a team of global practitioners and academics in the field of international space law and general international law, the SpaceLawPedia aims to be the definitive source of peer-reviewed reference material for anyone practising, conducting research on or teaching international space law."

608:"States are free to determine all aspects of their participation in international cooperation in the exploration and use of outer space on an equitable and mutually acceptable basis. All States, particularly those with relevant space capabilities and with programmes for the exploration and use of outer space, should contribute to promoting and fostering international cooperation on an equitable and mutually acceptable basis. In this context, particular attention should be given to the benefit for and the interests of developing countries and countries with incipient space programmes stemming from such international cooperation conducted with countries with more advanced space capabilities. International cooperation should be conducted in the modes that are considered most effective and appropriate by the countries concerned, including, inter alia, governmental and non-governmental; commercial and non-commercial; global, multilateral, regional or bilateral; and international cooperation among countries in all levels of development." 913: 1244:

benefits of space resources. In that situation, it seems likely that consensus will be much easier to achieve with respect to commercial development and human settlement of outer space. High costs are not the only factor preventing the economic exploitation of space: it is argued that space should be considered as a pristine environment worthy of protection and conservation, and that the legal regime for space should further protect it from being used as a resource for Earth's needs. Debate is also focused on whether space should continue to be legally defined as part of the "Common heritage of mankind", and therefore unavailable for national claims, or whether its legal definition should be changed to allow private property in space.

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easier to achieve consensus when language and terms are vague. In recent years, the Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement (the idea of which, though, was proposed just by a few member States). It is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many space faring nations seem to believe that discussing a new space agreement or amendment of the Outer Space Treaty would be futile and time-consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely.

418: 144:(COPUOS), along with its Legal and Scientific and Technical Subcommittees, are responsible for debating issues of international space law and policy. The United Nations Office for Outer Space Affairs (UNOOSA) serves as the secretariat of the committee and promotes Access to Space for All through a wide range of conferences and capacity-building programs. Challenges that space law will continue to face in the future are fourfold—spanning across dimensions of domestic compliance, international cooperation, ethics, and the advent of scientific innovations. Furthermore, specific guidelines on the definition of airspace have yet to be universally determined. 33: 663:, private exploration, and the development of many commercial spaceports, is leading many countries to consider how to regulate private space activities. The challenge is to regulate these activities in a manner that does not hinder or preclude investment, while still ensuring that commercial activities comply with international law. Developing nations are concerned that the spacefaring nations will monopolize space resources. Royalties paid to developing countries is one reason the United States has not ratified the 6765: 474: 6535: 6549: 552:

particularly in the developing countries, enhance the qualities of life of all peoples and provide recreation with due respect to the political and cultural integrity of States". All States have equal rights to pursue these activities and must maintain responsibility for anything carried out under their boundaries of authority. State's planning activities need to contact the Secretary-General of the United Nations with details of the undergoing activities.

185:. To toast the new corporation, Kármán said, "Now, Andy, we will make the rockets—you must make the corporation and obtain the money. Later on, you will have to see that we behave well in outer space. ... After all, we are the scientists but you are the lawyer, and you must tell us how to behave ourselves according to law and to safeguard our innocence." Indeed, twenty years later, Haley published the fundamental textbook, 469:

said activities must accept responsibility for the governmental or non-governmental agency involved. Objects launched into space are subject to their nation of belonging, including people. Objects, parts, and components discovered outside the jurisdiction of a nation will be returned upon identification. If a nation launches an object into space, they are responsible for any damages that occur internationally.

595:"States launching space objects with nuclear power sources on board shall endeavour to protect individuals, populations and the biosphere against radiological hazards. The design and use of space objects with nuclear power sources on board shall ensure, with a high degree of confidence, that the hazards, in foreseeable operational or accidental circumstances, are kept below acceptable levels. ..." 7097: 1001:

humanity continues to increase the pace of exploratory and commercial missions to the Moon and beyond. Thus, protocols must be established to manage Space Heritage for two very different reasons: first so that relevant cultural heritage, which is so important to build kinship amongst humans, is preserved; and second to assure that the concept of heritage is not abused by national space actors.

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agreement also provides for protection of intellectual property and procedures for criminal prosecution. This agreement may very well serve as a model for future agreements regarding international cooperation in facilities on the Moon and Mars, where the first off-world colonies and scientific/industrial bases are likely to be established.

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scholarship through the administration of two major projects: Stellar Decisis and the Space Court Law Library. The foundation engages in partnerships and collaborations that help grow greater awareness of space law and how disputes in space may be resolved as humans venture farther from Earth in the not too distant future.

786:. The requirement to space these satellites apart means that there is a limited number of orbital "slots" available, thus only a limited number of satellites can be placed in geostationary orbit. This has led to conflict between different countries wishing access to the same orbital slots (countries at the same 1243:

While this field of the law is still in its infancy, it is in an era of rapid change and development. Arguably, the resources of space are infinite. If commercial space transportation becomes widely available, with substantially lower launch costs, then all countries will be able to directly reap the

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The McGill Institute of Air and Space Law is leading multiple international collaborative projects to contribute towards clarifying international space law and promote rules-based global order. One such project announced in 2017, being led by Prof. Ram S. Jakhu, is the McGill Manual on International

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Progress in robotics and artificial intelligence is eroding the need for humans in space with human endeavours often being less cost-effective than robotic missions, with ethical implications for society. Laws as well as adaption-requirements for humans differ in space, which could be a legitimation

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critiques of colonial decision-making and reasons for labor and land exploitation. There is a growing recognition of the need for inclusive and democratic participation in any space exploration, infrastructure, or habitation. Despite the Outer Space Treaty guaranteeing access to space, space law has

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Space Heritage can be understood to mean traces of human existence, together with their archaeological and natural contexts that occur in outer space, including on the Moon and other celestial bodies. Conceptually, this definition can be interpreted to include any human-made material in space and as

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For a deeper awareness and understanding of issues arising from the ongoing scramble for the Moon, the Open Lunar Foundation has been working with a broad range of professionals to find in an open and responsible way approaches which find and address issues. This work has produced the "Lunar Policy

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in 2020, the UN resolution "Reducing Space Threats Through Norms, Rules and Principles of Responsible Behaviours" was signed. Subsequently, the "Open Ended Working Group on Reducing Space Threats Through Norms, Rules and Principles of Responsible Behaviours" was established and found some traction,

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under the 1976 UNCITRAL Arbitration Rules but the existence of the more specialised "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" might see a shift in procedural law chosen by the parties in the future. Examples of disputes resolved by arbitration include the cases

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All missions in space lasting longer than 60 days must notify the UN Secretary General and the greater scientific community every 30 days of progress. Any samples that are collected from space must be made available at earliest convenience to the scientific community. The agreement does not include

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resolution also states that all State Parties may conduct their enterprises below the surface of the Moon or any celestial body so long as efforts are made to protect it from contamination. All activities in space are required to be attached to a nation and any damages to other nations equipment or

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Spreading humanity's influence far beyond the Earth raises questions about potential other intelligences that have spread through reachable space. Astroethics can consider extraterrestrial having ethics, which may often reflect in laws and understand humanity and its multitude of ethics (which may

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All space exploration will be done with good intentions and is equally open to all States that comply with international law. No one nation may claim ownership of outer space or any celestial body. Activities carried out in space must abide by the international law and the nations undergoing these

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Starting in 1961, the General Assembly Resolution 1721 (XVI) and later 1802 (XVII), both titled "International Cooperation in the Peaceful Uses of Outer Space", and Resolution 1962 (XVIII), or a "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer

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Future developments using geostationary orbits may include an expansion of services in telecommunication, broadcasting, and meteorology. As a result, uses for geostationary orbits may stir political controversy. For example, broadcasting and telecommunication services of satellites orbiting above

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all delegations from member States must agree on any matter, be it treaty language before it can be included in the final version of a treaty or new items on Committee/Subcommittee's agendas. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is that it is

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Critics though argue that the sharing of space for all humanity is still lacking, with imperialist views prevailing. Moreover, there are concerns that the current politico-legal regimes and their philosophical underpinnings may favor the imperialist development of space. Consequently it has been

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As of 2022, global space activity is not sufficiently shaped by any international entity, and therefore "there is no common set of rules that govern global space activity and no mechanisms to ensure the proper disposal of hardware at the completion of space missions. Nor is there any coordinated

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Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty gives responsibility for regulating space activities, including both government and private sector, to the individual countries where the activity is taking

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by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities,

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The Rescue Agreement, the Liability Convention and the Registration Convention all elaborate on provisions of the Outer Space Treaty. Many consider the Moon Treaty to be a failed treaty due to its limited acceptance. Others however, have pointed out that the limited membership of the Moon Treaty

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was established. A legal resources team united in Maryland, a "Space Science State", with Jorge Rodriguez, Lee Sampson, Patrick Gardiner, Lyra Correa and Juliana Neelbauer as SLS founding members. In 2014, students at American University Washington College of Law founded the school's Space Law

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concerning cooperation on the Civil International Space Station. This agreement provides, among other things, that NASA is the lead agency in coordinating the member states' contributions to and activities on the space station, and that each nation has jurisdiction over its own module(s). The

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In 2018, two space lawyers - Christopher Hearsey and Nathan Johnson - founded the Space Court Foundation, a 501(c)(3) educational nonprofit corporation that promotes and supports space law and policy education and the rule of law. The Space Court Foundation produces educational materials and

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Earth from certain nations may accidentally "spill over" into other nations' territory. This may prompt conflict with nations that wish to restrict access to information and communication. Current and future political and legal concerns allocation may pose may be addressed by international

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Activities of this nature must be transpired in accordance with the sovereign rights of States. Said activities should "promote the free dissemination and mutual exchange of information and knowledge in cultural and scientific fields, assist in educational, social and economic development,

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launched its space, cyber, and telecommunications law program, offering courses and specializations to JD students and an LL.M. in Space, Cyber, and Telecommunications. Over the last decade, other universities have begun to offer specialized courses and programs in the US, UK, France, the

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which includes an agreement to preserve outer space heritage, which they consider to comprise historically significant human or robotic landing sites, artifacts, spacecraft, and other evidence of activity, and to contribute to multinational efforts to develop practices and rules to do so.

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that fall to Earth by natural means. Currently not a single nation that conducts its own missions in space has ratified the agreement. This likely signifies that the 'Moon Treaty is likely a failed treaty because none of the nations that actually go into space signed or ratified the

574:(b) The term "primary data" means those raw data that are acquired by remote sensors borne by a space object and that are transmitted or delivered to the ground: from space by telemetry in the form of electromagnetic signals, by photographic film, magnetic tape or any other means; 1093:

announced the formation of the Institute on Space Law and Ethics, a "new nonprofit organization will go beyond advocating for protecting off-world heritage sites and contemplate the ethics around some activities in space that are not fully covered in existing international law."

571:" means the sensing of the Earth's surface from space by making use of the properties of electromagnetic waves emitted, reflected or: diffracted by the sensed objects, for the purpose of improving natural resources management, land use and the protection of the environment; 4541: 874:

More recent discussions focus on the need for the international community to draft and institute a code of space ethics to prevent the destruction of the space environment. Furthermore, the advancement of life in space pertain to questions related to the ethics of

1063:", and no state has claimed any part of space as their territory, despite practicing the placing of flags. That said it has been argued, that sovereignty is an issue through jurisdiction, which applies to installed facilities and the present actors in space. 1212:

is open to exploitation by public and private entities, especially in relation to mining and space tourism. This principle has been the subject of controversy, particularly by those in favor of environmental protection, sustainability, and conservation.

200:(COPUOS). COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee. The COPUOS Legal Subcommittee has been a primary forum for discussion and negotiation of international agreements relating to 3251:

Lawrence, Andy; Rawls, Meredith L.; Jah, Moriba; Boley, Aaron; Di Vruno, Federico; Garrington, Simon; Kramer, Michael; Lawler, Samantha; Lowenthal, James; McDowell, Jonathan; McCaughrean, Mark (April 2022). "The case for space environmentalism".

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argued that space law is in the need for being reevaluated to ensure the consideration of the relevance and contributions of countries without significant spaceflight, particularly as an answer to colonial histories and colonialism.

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faced criticism for not securing international and social inclusiveness, particularly concerning private spaceflight. The often heared declaration that humanity's destiny lies in colonizing the solar system, particularly in the "

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Efforts to codify the legal regime are mostly represented in the Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) and the Woomera Manual. The Woomera Manual is a collaborative effort between the

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Lee, K. (1994) Awe and humility: intrinsic value in nature – beyond an earthbound environmental ethics, in: Attfield, R. & Belsey, A. Philosophy and the Natural Environment, Cambridge: Cambridge University Press,

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place. If a national of, or an organization incorporated in one country launches a spacecraft in a different country, interpretations differ as to whether the home country or the launching country has jurisdiction.

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There is a growing emphasis on space law in academia. Since 1951, the McGill Faculty of Law in Montreal, Canada has hosted the Institute of Air and Space Law, and offers an LL.M. in Air and Space law. The

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The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries

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allows the current signatory states to reconvene a convention of the parties to amend and update the Moon Treaty easily and to better deal with the fast pace of technological development in the field.

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Countries located at the Earth's equator have also asserted their legal claim to control the use of space above their territory, notably in 1976, when many countries located at the Earth's

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Space Law also attempts to provide a framework for dispute resolution for matters which arise in space. The following mechanisms are available to the different types of affected parties.

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Handbook" under its "Moon Dialogs" program, the lunar activity registry proposal "Bright Moon", and a program for approaches for ressource collection called "Breaking Ground".

129:(NASA). Because space exploration required crossing transnational boundaries, it was during this era where space law became a field independent from traditional aerospace law. 717:. More difficulties arise trying to define the upper bounds of "space", as it would require more inquiry into the nature of the universe and the role of Earth as a planet. 2748: 2446: 1148: 823: 759: 624: 197: 141: 1779: 1404:. Where the dispute is private and commercial in nature however, many private companies opt for arbitration. So far, arbitration has primarily been conducted under the 2703: 2218: 2160: 3672: 4649: 4160:

Billings, L. (2006) To the Moon, Mars, and beyond: culture, law, and ethics in space-faring societies, Bulletin of Science, Technology & Society, 26(5), 430–437

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is also the only ABA-accredited law school in the world to offer an LL.M. in Air and Space Law, a Graduate Certificate and a JD Concentration in Air and Space Law.

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Fifteen principles are stated under this category. The basic understanding comes from these descriptions given by the United Nations Office for Outer Space Affairs:

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Thompson, J. (1996) Space for rent: the International Telecommunications Union, space law, and orbit/spectrum leasing, Journal of Air Law and Commerce, 62, 279–311

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facilities caused by another party must be repaid in full to that nation. Any discovery of a dangerous hazard such as an area that is radioactive must notify the

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revolved around whether or not the space frontier should be available for use, gaining prominence at the time of the Soviet Union and the United States'

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Currently, these sites are not recognized as cultural heritage or protected in any way under international law. They are addressed in Section 9 of the

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governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include

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The issue of human representation and participation in space has been a focus of international space law since the beginning of space exploration.

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Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies

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Alternatively, state actors can also attempt to resolve disputes between themselves and reach a negotiated settlement. This was the case in the

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Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies

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has set out a formal legal framework which ensures that private companies engaged in mining resources in space have rights to those resources.

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need to be accompanied in space by a set of fundamental rights. The following three such novel fundamental rights have been suggested by the

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in 1944. The onset of domestic space programs during the Cold War propelled the official creation of international space policy (i.e., the

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met in Stockholm and heard several submissions including a survey of legal opinion on extraterrestrial jurisdiction by Andrew G. Haley.

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by reference, and requires parties to ensure that activities are conducted in accordance with other forms of international law such as

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The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982)

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As of 2013, NASA's plans to capture an asteroid by 2021 has raised questions about how space law would be applied in practice.

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Society, with the help of Pamela L. Meredith, space lawyer and adjunct professor of Satellite Communications and Space Law.

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In addition to the international treaties that have been negotiated at the United Nations, the nations participating in the

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have served as the constitutional legal framework and set of principles and procedures constituting space law. Further, the

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Gotlieb, A.E. (1969). "Direct Satellite Broadcasting: A Case Study in the Development of the Law of Space Communications".

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over any part of space. All countries should have equal rights to conduct research on the Moon or other celestial bodies.

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CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Ltd., & Telcom Devas Mauritius Ltd. v. Republic of India

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Goosensen, Martijn (2020). "Space Sovereignty: The Future International Politics of Human Territories Among the Stars".

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definition (i.e., upper and lower limits), but also whether or not it also encompasses various objects within it (i.e.,

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The Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963)

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Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space

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Andrew G. Haley (1961) "Survey of Legal Opinion on Extraterrestrial Jurisdiction", in proceedings of the eleventh

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recognizing each country's sovereignty over the airspace directly above their territory, later reinforced at the

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often reflect in laws and policies) as a part of the universe in a more holistic, possibly even "cosmic", view.

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was created by a group of "lawyers, space archaeologists and concerned citizens", drawing on precedents in the

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of any kind including nuclear and bases built for military purposes are specifically banned by the treaty. The

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project: the right to water, the right to a breathable atmosphere and the right to a habitable environment.

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UN Guidelines and ISO standard 24113 on space debris mitigation "encourages" organizations to voluntarily:

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Beyond space debris, rocket launches and the re-entry of reusable components and space debris also cause

649: 519: 381: 5326: 4754:"Master of Laws (LL.M.) Program in Air and Space Law | the University of Mississippi School of Law" 1870: 7131: 7059: 6764: 6148: 5647: 4887: 4441:"Moon, Inc.: The New Zealand Model of Granting Legal Personality to Natural Resources Applied to Space" 4180: 2890: 1558: 1553: 1401: 1374: 1191: 1152: 1060: 869: 511: 285: 4775: 3545:"Galactic Accessibility: An Introduction to Interplanetary Human Rights Law Through Crip Legal Theory" 2910: 2719:"California Startup Accused of Launching Unauthorized Satellites into Orbit: Report [Updated]" 7141: 6721: 6231: 3779: 1528: 1480:

serves as the executive director of the Center for Air and Space Law at the university. In 2008, the

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Many questions arise from the difficulty of defining the term "space". Scholars not only debate its

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The growth of all tracked objects in space over time showing a recent increase of active satellites

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New Perspectives of Space Law - Proceedings of the 53rd IISL Colloquium on The Law of Outer Space

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Source: Own work, Earth bitmap is File:North_pole_february_ice-pack_1978-2002.png by Geo Swan.

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The agreement exists to promote the exploration of outer space, but to keep the Moon and other

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United Nations Treaties and Principles on Outer Space and Related General Assembly Resolutions

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Ryan, Robert G.; Marais, Eloise A.; Balhatchet, Chloe J.; Eastham, Sebastian D. (June 2022).

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and its Scientific and Technical and Legal Subcommittees operate on the basis of consensus,

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Fountain, L. (2003). Creating the Momentum in Space: Ending the Paralysis Produced by the "

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are first directed to approach an appropriate state party where one is involved as per the

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Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979)

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presented by William A. Hyman in 1966. This concept has since influenced the work of the

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Space" were passed unanimously. These basic principles formed the foundation of the 1967

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Several nations have enacted or recently updated their national space law, for example,

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The five treaties and agreements of international space law cover "non-appropriation of

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International coordination and cooperation are facilitated by the growing inter-agency

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in 2008. Due to the expansion of the domain of space research and allied activities in

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Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water

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In the early stages of international space law, outer space was framed as

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adopted five declarations and legal principles which encourage exercising

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Area of national and international law governing activities in outer space

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Current space law has framed space as a common good by calling it the "

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Manual on International Law Applicable to Military Uses of Outer Space

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Manual on International Law Applicable to Military Uses of Outer Space

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Manuals, the goal is to clarify the law as it relates to outer space.

1113: 6446: 6411: 6353: 6328: 6193: 6090: 6078: 6063: 6051: 5979: 5897: 5870: 5331: 4797: 4237: 1907:"Committee on the Peaceful Uses of Outer Space and its Subcommittees" 1616:, the law as related to preserving cultural heritage from space sites 1040: 1009: 892: 791: 787: 779: 755: 714: 706: 618: 537: 490: 114: 6534: 5346:& Master's degree in Space Activities and Telecommunications Law 5276: 4615: 4589: 2545:"How Apollo 11 Raised The Flag On The Moon, And What It Means Today" 2414: 1998: 1801: 1089:, and distinguishing the boundaries of space itself. In March 2023, 6495: 6480: 6183: 6068: 5865: 5409: 4698:"Program in Air and Space Law | School of Law | Ole Miss" 4671: 3266: 2090: 1593: 1425: 667:, and why some oppose applying the same principles to outer space. 5315: 5118: 3943:"People are calling for a movement to decolonize space—here's why" 2911:

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publishes the world's only law journal devoted to space law, the

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presented by William A. Hyman in 1966 or through the concept of

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and the greater international scientific community immediately.

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Convention on Registration of Objects Launched into Outer Space

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Human spaceflight § Human representation and participation

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