Space law
[9] 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.
The COPUOS Legal Subcommittee has been a primary forum for discussion and negotiation of international agreements relating to outer space.
In 1960, the International Astronautical Congress met in Stockholm and heard several submissions including a survey of legal opinion on extraterrestrial jurisdiction by Andrew G.
[20] 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 Space" were passed unanimously.
[28] 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).
[30] The United Nations General Assembly adopted five declarations and legal principles which encourage exercising international laws, as well as unified communication between countries.
[38] The United Nations Committee on the Peaceful Uses of Outer Space and its Scientific and Technical and Legal Subcommittees operate on the basis of consensus, i.e., 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 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).
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.
The United Nations Committee on the Peaceful Uses of Outer Space has approved seven nonmilitary uses for these orbits: communications, meteorology, Earth's resources and environment, navigation and aircraft control, testing of new systems, astronomy, and data relay.
[51] Future developments using geostationary orbits may include an expansion of services in telecommunication, broadcasting, and meteorology.
[52] Furthermore, the advancement of life in space pertain to questions related to the ethics of biocentrism and anthropocentrism, or in other words, determining how much value we place in all living things versus human beings specifically.
[53][54] Currently, researchers in the bioengineering field are working towards contamination control measures integrated into spacecraft to protect both space and earth's biosphere.
[57] A team of scientists outlined rationale for governance that regulates the current free externalization of true costs and risks, treating orbital space around the Earth as an "additional ecosystem" or a common "part of the human environment" which should be subject to the same concerns and regulations like e.g. oceans on Earth.
Conceptually, this definition can be interpreted to include any human-made material in space and as humanity continues to increase the pace of exploratory and commercial missions to the Moon and beyond.
Human heritage in outer space also includes satellites like Vanguard 1 and Asterix-1 which, though nonoperational, remain in orbit.
They are addressed in Section 9 of the Artemis Accords 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.
[10] In March 2023, For All Moonkind 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.
[71] Moreover, there are concerns that the current politico-legal regimes and their philosophical underpinnings may favor the imperialist development of space.
[81] The often heard declaration that humanity's destiny lies in colonizing the solar system, particularly in the "billionaire space race", leaving many earthbound problems behind has been criticized as "techno-utopian [...] hubris", suggesting "a multilateral agreement to strictly govern and limit expansion into space".
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.
[86][88][89] As of 2013, NASA's plans to capture an asteroid by 2021 has raised questions about how space law would be applied in practice.
[92] There have been some proposals as with the Magna Carta of Space presented by William A. Hyman in 1966[72] or through the concept of metalaw to introduce legal basics in case of detection of or contact with indigenous extraterrestrial intelligence.
Subsequently, the "Open Ended Working Group on Reducing Space Threats Through Norms, Rules and Principles of Responsible Behaviours" was established and found some traction, particularly since the 2022 Russian invasion of Ukraine.
[105] Michelle Hanlon serves as the executive director of the Center for Air and Space Law at the university.
[106] Over the last decade, other universities have begun to offer specialized courses and programs in the US, UK, France, the Netherlands, and Australia.
[111] 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.
One such project announced in 2017, being led by Prof. Ram S. Jakhu, is the McGill Manual on International 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.
