Law

Law

The birth of the Space Age in the late 1950s opened a new frontier for exploration. It also opened a new arena for law, since existing international laws and treaties did not cover launches or other activities in space. Given the backdrop of the Cold War, there was a concern by some that space could become a new battlefield between the United States and the Soviet Union. In 1959, in an effort to keep space free of conflict, the United Nations established the Committee on the Peaceful Uses of Outer Space (COPUOS), which was charged with, among other things, considering the legal problems that could stem from space travel. COPUOS, through its legal subcommittee, led to the development of several space treaties.

The first international treaty that included specific provisions related to space was a nuclear test ban treaty in 1963. That accord specifically prohibited countries from detonating nuclear weapons in space. The first treaty devoted exclusively to space, though, was the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, more commonly known as the Outer Space Treaty. This 1967 agreement prevents nations from making territorial claims in space or placing weapons of mass destruction there. The treaty does allow nations to maintain sovereignty over satellites and other vehicles they launch, and requires nations to be responsible for any damage or loss caused by spacecraft launched from their territory, regardless of whether the spacecraft belonged to the government or another organization or company. The Outer Space Treaty also requires nations to treat astronauts as "envoys of mankind" and render them any necessary assistance.

The Outer Space Treaty was seen at the time as a major achievement toward the goal of peaceful exploration of space, at a time when the two major nations involved in space exploration, the United States and Soviet Union, were locked in struggle against each other. By preventing countries from laying claim to the Moon or other bodies, prohibiting the placement of nuclear weapons, and preventing countries from establishing military bases in space, the treaty largely succeeded in its goal of keeping space from being turned into a new battleground. While the militaries of the United States and former Soviet Union, as well as other nations, make extensive use of space, it is for the purposes of reconnaissance , navigation, and communication.

Some provisions of the Outer Space Treaty were followed up by additional agreements over the next several years. The section of the treaty regarding astronauts was expanded upon with a separate agreement in 1968, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, regarding the rescue and return of astronauts and objects. This agreement requires countries to assist astronauts who land on their territory and return them to their home country as soon as possible. Another agreement in 1972, the Convention on International Liability for Damage Caused by Space Objects, expanded the section of the Outer Space Treaty that governs the liability a country has for damage that a spacecraft could cause to another country. A 1975 agreement, the Convention on Registration of Objects Launched into Outer Space, requires countries to give the United Nations basic details about each spacecraft it launches.

The last, and most controversial, space treaty was the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, completed in 1979. This accord, popularly known as the Moon Treaty, requires nations to use the Moon and other bodies for peaceful, scientific purposes and not to damage its environment. The treaty also requires nations to treat the Moon and its natural resources as the "common heritage of mankind"—they do not belong to a single country, organization, or company. Any benefits gained from those resources, according to the treaty, are to be shared with all countries that signed the agreement through an international organization.

The language in the Moon Treaty regarding the use of the Moon's natural resources generated considerable controversy in the United States and other nations, since it would prevent private enterprise from developing in space. The United States did not sign the treaty, in part because lobbying by space activists opposed to the agreement led the Senate to opt against signing it. Only nine nations have ratified the treaty, none of which are major spacefaring nations. While enough nations have ratified the treaty for it to go into effect, the lack of support from major nations means that the treaty has little real power.

The United Nations has developed no additional space treaties since the Moon Treaty. However, there have been a number of minor declarations that COPUOS has approved since then. These declarations cover issues such as the use of television broadcasting and remote sensing satellites as well as the use of nuclear power sources in spacecraft. In recent years there have been discussions about either renegotiating the Outer Space Treaty or developing a new treaty to expressly forbid weapons of any kind in space, including those that might be used in a missile defense system. This effort has been opposed in particular by representatives of the United States, who note that there is no "arms race" in space as of 2002, and no evidence of one for the foreseeable future.

The field of space law is not limited to international treaties. A number of nations, including the United States, have written their own laws governing the use of space by their citizens. Many of these laws are a direct outgrowth of the international treaties, fulfilling some of the provisions in them. For example, in the United States, companies that wish to launch a satellite are required by law to obtain a license from the Federal Aviation Administration to ensure that the launch will be conducted in a safe manner. This law is in place because the Outer Space Treaty makes the U.S. government responsible for all launches from its territory, including those by private parties.

see also Governance (volume 4); Law of Space (volume 1); Political Systems (volume 4).

Jeff Foust

Bibliography

Reynolds, Glenn H., and Robert P. Merges. Outer Space: Problems of Policy and Law. Boulder, CO: Westview Press, 1994.

Von Bencke, Matthew J. The Politics of Space. Boulder, CO: Westview Press, 1997.

Internet Resources

"Frequently Asked Questions about Space Law." International Institute of Air & SpaceLaw. <http://ruljis.leidenuniv.nl/group/jflr/www/faq.htm>.

"International Space Law." United Nations Office for Outer Space Affairs. <http://www.oosa.unvienna.org/SpaceLaw/spacelaw.htm>.

"Space Law." McGill University Institute of Air & Space Law. <http://www.iasl.mcgill.ca/spacelaw.htm>.