Space Law

Actualmente es innegable que vivimos en un periodo de sobreexplotación y escasez de los recursos naturales en nuestro planeta: sobreexplotación, porque nuestro ritmo de uso y consumo de estos materiales es mucho mayor a su tasa de regeneración; y escasez, porque ello irremediablemente provoca que muchos de estos recursos puedan agotarse. A la luz de esta situación, los científicos han planteado, entre diversas alternativas, la posibilidad de extraer los recursos fuera de nuestro planeta. El problema, desde una perspectiva legal, sería determinar bajo qué circunstancias esa extracción debería estar permitida. En este sentido cabría preguntarse si los recursos existentes en la Luna deberían ser distribuidos de forma equitativa entre los países de la comunidad internacional o si por el contrario debería aplicarse la máxima de quien llega primero se lo queda. La respuesta a esta pregunta no es definitiva, mientras que el Tratado internacional sobre el espacio ultraterrestre firmado en 1967 estableció en su artículo 2 el principio de no apropiación, el Acuerdo que gobierna las actividades de los estados en la Luna y otros cuerpos celestes de 1979, dejaba la puerta abierta al establecimiento de un régimen internacional. Lamentablemente, las divergencias entre los diferentes estados de la comunidad internacional hicieron imposible llegar a establecer este régimen. De hecho, el Acuerdo sobre la Luna fue el último tratado internacional adoptado en esta materia. Sin embargo, el problema no acaba aquí y es que recientemente varios estados de la comunidad internacional han regulado unilateralmente sus actividades espaciales en su Derecho interno. Este es el caso, por ejemplo, de los Estados Unidos de América o de Luxemburgo. De hecho, en la actualidad, hay una serie de países que están tramitando su propia ley reguladora de la actividad espacial. En este sentido se espera, por ejemplo, que Emiratos Árabes Unidos adopte muy pronto su propia legislación nacional en esta materia. Todo ello provoca que no quede nada claro cómo estos actos unilaterales de los estados afectarán al régimen internacional establecido y cómo se podría lograr una gestión más eficiente de los recursos espaciales. Quizás podríamos aprender del exitoso modelo implementado por la Unión Internacional de Telecomunicaciones (UIT) para la regulación de las órbitas espaciales.

Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation.
First, it focuses on discrepancies within the regulatory and antitrust framework and possible solutions thereto. Possible strategies for multilateralisation and defragmentation of air law are discussed, including those within the ICAO and WTO systems, as well as privatisation, trans-national cooperation and consolidation between airlines.
This is followed by a debate on international harmonisation of air policy and economic regulation with competition law and policy. This part deliberates on the peculiarities of the latter framework, such as ‘extraterritorial’ application (effects doctrine) and antitrust immunities. Specific legal problems concerning airline alliance activities are also addressed, such as code-sharing, leasing, franchising and common branding, as well as metal-neutral joint ventures and real air carrier mergers.
The discussion extends to competition and possible conflicts between air transport law and other legal regimes, including space law, environmental law (carbon offsetting schemes) and labour law, which are relevant to aviation and growing aerospace activities. The study also contributes to some specific regulatory problems, such as possible regulation of space tourism under air law, airline ownership and control, balance between aviation safety and airline liberalisation, development of regional liberalisation initiatives and solutions to eliminate air connectivity gaps.
The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent world’s key air transport markets and air law academic centres.

A exploração do espaço sideral é um tema recorrente na cultura pop: filmes, séries e livros dedicam suas páginas e tempo de tela às concepções imaginárias (ou “nomos” imaginários) do que seria uma vida fora do planeta Terra. Desde os princípios da ficção científica no século XIX até a segunda metade do século XX, a humanidade passou por diversas revoluções tecnológicas que moldaram a sua imaginação. E vice-versa, como a imaginação inspirou a ciência. Enfim, foi durante a Guerra Fria que a tão sonhada corrida espacial se tornou algo concreto: o lançamento do satélite Sputnik (1957), o primeiro homem no espaço (Yuri Gagarin) em 1961, e o homem na Lua em 1969, por exemplo, são três marcos da exploração humana no espaço que se realizaram em um curto intervalo temporal. Desde então, as descobertas astronômicas muito evoluíram, como mostra a recente descoberta das ondas gravitacionais previstas por Einstein, e conseguimos mapear cada vez melhor o espaço infinito que nos entorna, principalmente graças aos nossos satélites e sondas espaciais cada vez mais eficientes, capazes de explorar os confins do nosso sistema solar e nos enviar imagens cada vez mais perfeiçoadas ver (a mais recente imagem do buraco negro, por exemplo).

Electricity, is one of the basic needs of MAN in modern day. It is no gainsaying that after a house has been well structured and fashioned to dwell in, electricity is one of the important needs to be put in place given its quintessential relevance especially in our society. However, it is noteworthy that it is conceded that electricity is a prerequisite to optimal utility of man and society at Large; right to electricity does not savor the same with civil and political right, perhaps because there are lesser suit on the subject matter, the masses don't know their right or obvious reasons enunciated in this article. Nevertheless, it is desirable for the state social order to be founded on ideals of freedom, equality and Justice.

Outer space has become a contested, congested and competitive domain with an ever growing importance to life on Earth. Recently, an increasing number of new players have entered the space arena. Slovakia has also stepped up its space related activities. In March 2013, it declared its interest to become a member of European Space Agency (ESA) by 2020. Increased involvement in space sector will bring new opportunities and responsibilities for Slovakia. Is Slovakia ready to address these challenges?

The Earth's orbital space is increasingly threatened by debris. It is frequently described as a common-pool resource vulnerable to a 'tragedy of the commons' scenario. Scholars have suggested ambitious policy proposals to tackle the tragedy of space debris and assure the sustainability of the Earth's orbits. Their proposals can be classified into three categories: hierarchical regulations, economic incentives and property rights. All three categories require some form of central coordination. However, there might be an alternative approach to the problem and other potential solutions. Elinor Ostrom suggested that decentralized, polycentric systems are appropriate for governing common-pool resources. Anecdotal evidence suggests that a polycentric form of governance can encourage a more sustainable use of the Earth's orbits.

This is the opening article in the series of publications dedicated to in-depth study of legal nature of the DLT (distributed ledger technologies), and in particular its most popular example Blockchain. The article is intended to establish basis for the further substantive highlighting of the research results related to the application of the distributed ledger technology in space activities and adequate reflection of these processes in the legislative framework of Ukraine. The article provides interpretation of the main elements of the above
mentioned technology in terms of jurisprudence, as well as analyzes the potential difficulties that can arise in the process of Blockchain implementation into the legal background of various industries. Thus, both the types of the technology system itself (public or private, permissioned or permissionless, methods of the new network users` validation) and its derivatives (namely smart-contracts and oracles) are studied. The problem of the technology application as the mean to exercise the space actors` rights and responsibilities is also discovered in the framework of the current research. In particular, much attention is paid to the legal features due to which the smart-contract can be considered as a plea with further identification of its parties. The research also deals with ways to protect the rights of less aware and therefore vulnerable users of the Blockchain network, liability emerging in case of technical error in the software code or as the consequence of cyber attack. At the same time, the issue of the cryptographic form of the plea and its recognition at the legislative level is being studied in detail. Special attention is paid to the issue of dispute resolution between the parties of the smart-contract, feasibility of engaging a judge or arbitrator into the network, as well as reconciliation of such a role with the concept of peer-to-peer relations between the participants of the network. In addition, the research addresses the issues of the oracle tool applicability, aimed at obtaining fixed data from resources outside the network, in order to solve the problem of network constraints when performing transactions. In general, the research demonstrates interpenetration of the Blockchain technical aspects and the range of legal relations that are currently being implemented and have the potential to be performed on the basis of this platform in the legal framework of foreign countries and Ukraine.

The Bogotá Declaration of 1976, in which a series of equatorial states attempted to resist the Outer Space Treaty of 1967 by claiming sovereignty over geostationary orbit above their territories, presents a unique case that contradicts some assumptions about the use of commons-like regimes to correct asymmetric governance regimes. This case suggests the value of historical scholarship on colonialism and development to ongoing disputes in space law and in other regimes governing extraterritorial domains.

Columbia Journal of Transnational Law - The Bulletin, Dec. 2017.

http://jtl.columbia.edu/the-bogota-declaration-a-case-study-on-sovereignty-empire-and-the-commons-in-outer-space/

As recent events prove, the creation and use of works in outer space give rise to practical issues of copyright law. This article examines whether Earthly copyright law applies to matters that take place in outer space and, if so, which law. First, the principles of space law are compared
with those of copyright law established for matters on Earth. Secondly we examine whether the principles of space law affect and limit the scope of copyright law. Next, we address if and how international copyright law determines a national copyright law which governs the
creation of works as well as copyright infringements in outer space. We then show that matters in outer space may challenge the application of the lex loci protectionis as well as the principle of territoriality in copyright law.

Commercial human spaceflight raises numerous medical, legal and ethical considerations with regard to the health and safety of civilian spaceflight participants (SFPs) and commercial crew. New and emerging space transportation companies are proposing a range of commercial suborbital, orbital, interplanetary and point-to-point space transportation. However, the diversity in mission architecture, operation, flight purpose and duration make it difficult to establish a solitary risk assessment or approach towards spaceflight as a homogeneous activity. Even after 50 years in space, there is no denying that a great deal of scientific, technological and medical uncertainty exists with spaceflight. While some hazards have been identified (e.g. acceleration, microgravity, radiation and meteorites), physiological risks and uncertainties for spacefarers remain and are accentuated in opening space access to a wide demographic of individuals with varying levels of fitness and no standardized medical criteria for selection. In addition, the scope of physiological risks spans pre-flight, in-flight and post-flight operations and activities this in turn triggers practical mitigation measures and bioethical-legal duties, such as full disclosure and informed consent. This paper will provide an overview of the applicable laws, underlying values and duties of care intertwined with spaceflight and addresses prominent concerns of medical uncertainty and human risk factors. The aim of which is to assist in establishing a practical, prudent and sustainable framework for human expansion into space.

The aim of this paper is to analyze the concept of 'non-appropriation' in outer space from a legal point of view. The Outer Space Treaty in its Article II provides that outer space, including the Moon and other celestial bodies, is not subject to national appropriation by any means. In the absence of an official interpretation, the precise meaning of this provision has been discussed for decades. This paper will approach the problem by going back to the origin of the concept 'appropriation': more than 1500 years ago Roman lawyers had already developed different categories to indicate the relationship between a person and a thing. Among them, the concept of res communes omnium was emblematic of how these ancient notions could find new life in the regulation of the cosmic dimension. These categories evolved during the following centuries and eventually led to the development of a specific regime called 'property law'. Over time, different types of relationship between a person and a thing were elaborated and then categorized, depending on the degree of disposition that the person has on it. This resulted in a large number of legal instruments that, if applied to outer space, could allow forms of disposition-other than appropriation-of space and its resources. The legal status of outer space derives from Roman law. Many of the legal problems faced by the international community today with regard to the cosmic environment are not different from the ones already faced by Roman lawyers when trying to regulate the reality around them. This paper will demonstrate how the 'non-appropriation' principle could be interpreted as being limited to just a very specific type of property right, leaving the door open to other forms of disposition of things beyond the atmosphere. In other words, Roman law theories on property rights can offer legal arguments for the use of space resources without breaching the Outer Space Treaty. Underlining the legal feasibility of commercial use of space resources as well as of settlements on other celestial bodies can hopefully represent an incentive for the international community to establish a regime regarding these activities. If that is not achieved, uncertainty will prevail and conflicts are certain to arise.

It is the eve of outer space development, but few people are aware of this. In the absence of awareness, people cannot prepare for the opportunities that will arise; and so the vast wealth likely to flow to Earth from outer space will cause ever-greater inequality and instability in our already unequal and unstable world.

This book is a call to educators to factor equality and diversity into the process of outer space development by creating a widespread movement to teach outer space development studies to all students, especially those who study social and behavioral sciences. In calling for this, the author is also putting out a call to visionary thinkers to increase public awareness that outer space is already in the process of being developed. Her objective is to provide a pedagogical approach aimed at mending the knowledge gap. If we fail in this objective, we are more likely than ever before to witness ever-widening gaps of social and financial inequality.

http://www.cambridgescholars.com/outer-space-development-international-relations-and-space-law-16

„Zwei Dinge erfüllen das Gemüt mit immer neuer und zunehmender Bewunderung und Ehrfurcht, je öfter und anhaltender sich das Nachdenken damit beschäftigt: Der bestirnte Himmel über mir, und das moralische Gesetz in mir.“ – Immanuel Kant, Kritik der praktischen Vernunft, Beschluß.
Das Weltraumrecht ist für viele eine Überraschung: „So etwas gibt es?!“. Dabei hat es nicht nur schon heute eine mit steigender Tendenz große Relevanz, sondern weist sehr interessante Besonderheiten wie das gemeinsamen Erbe der Menschheit auf. Der Blick nach oben lohnt sich also.

Pesquisa que fora realizada por mim com Trabalho de Conclusão de Curso, o qual abordo as consequências danosas que o lixo espacial poderá vir a causar num futuro que já não nos parece tão distante.

Abordo temas de Direito Espacial, Direito Internacional e Legislação Espacial, defendo uma reforma completa nas presentes legislações espacias para que possuam força de lei, não simples recomendações as quais não são punidas em sua forma.

КОНЦЕПТУАЛЬНЫЕОСНОВЫОБЩЕГОНАСЛЕДИЯЧЕЛОВЕЧЕСТВА Цель данного исследования состояла в обзоре концептуальных рамок общего наследия человечества, с помощью которых можно понять философию этого понятия и буквальное значение термина общего наследия человечества. Поскольку эта концепция рассматривается как новое явление в международном праве и бросает вызов принятым концепциям классического международного права, она изучается философски и оценивается в естественном праве и позитивном праве. Каждое из слов общей фразы наследия человечества и его правовых последствий было также изучено, чтобы разрешить неоднозначности в этой концепции как можно больше. Учитывая, что концепция общего наследия человечества включает в себя некоторые принципы, на основе которых она устанавливается, были рассмотрены принципы мирного использования, неисключительного использования ресурсов, совместного использования выгод и международного управления ресурсами. Были изложены позиции развитых и развивающихся стран в отношении этих принципов и упомянуто нынешнее состояние этих принципов. Ключевые слова: общее наследие человечества; развивающиеся страны; развитые страны; морское право; космическое право; естественное право; позитивное право. THECONCEPTUALFOUNDATIONSOFTHECOMMONHERITAGEOFMANKIND The purpose of this research was to overview the conceptual framework of the common heritage of mankind through which the philosophy of this concept and the literal meaning of the term of the common heritage of mankind can be understood. Since this concept is considered a new phenomenon in the international law and challenges the accepted concepts of the classical international law, it has been studied philosophically and evaluated in natural law and positive law. Each of the words of the common heritage of mankind phrase and its legal implications was also studied to resolve the ambiguities in this concept as much as possible. Given that the concept of the common heritage of mankind involves some principles based on which it is established, the principles of peaceful using, non-exclusive use of resources, benefits sharing and international management of resources were examined. The positions of developed and developing countries about these principles were described and the current status of these principles was mentioned.

Considering the worsening climate change, in the future outer space might be our last Noah’s Ark. Now, humans must look
to space as an opportunity to support growing resource requirements. Asteroids are rich in metals, which could be transported
back to Earth. Unfortunately, the existing international legal framework discourages investments in the space economy. Once
an enterprise invests billions of dollars in discovering and developing a mining site, it cannot claim any ownership because of
the non-appropriation principle stipulated in Article 2 of the Outer Space Treaty (OST). Thus, other entities could legally
access and exploit the same resource without any participation in the initial financial investment, increasing the risk of potential
conflict. Bearing this in mind, the question arises, which legal regime could ensure effective allocation of resources, avoiding
a chaotic space race to acquire valuable assets? The aim of this research is to argue that the first two articles of OST should be
amended, to set up an international legal trust system which would guarantee different kinds of rights, dependently on the
nature of the celestial body. E.g., property rights could be preferable to a lease over asteroids, as they could be exploited to
their disappearance. This proposed system would be led by the United Nations Office for Outer Space Affairs (UNOOSA), as
the main trustee. The co-trustees would be the nations of the world. Prior to initiating any space activity, every entity would
send a request to their national government. If all the legal parameters are respected, the nation would forward the operational
request to the UNOOSA. In the case of acceptance, UNOOSA would record the permit on an international public registry. The
country in which the company has been registered would investigate whether the activities of its national company are
consistent with the permit. This would be the ordinary model. The extraordinary model would be when the applicant for the
space activity is a state, then the trustee would be the UN. All lucrative activities would be subject to benefit-sharing. Finally,
this research will demonstrate the valuable outcome of the International Legal Trust System and its advantages for all
humankind. Private companies would rely on property rights, while the benefit-sharing could be used to finance the 17
Sustainable Development Goals adopted by the UN in 2015, which address peace, climate change, inequalities and poverty.

The purpose of this research is to provide a comprehensive international legal analysis of the concept of common heritage of mankind as it exists in international space law. In this article scientific methodological approach was used which facilitate determination the whole canvas of the research, identify the main aspects and concepts of the study. The author also widely investigated the concept of common heritage of mankind in the practice of States and international organizations and bodies. Since mankind succeeded to access outer space and opened the window of this infinite realm, the effort was made to systematize spatial activities by codification and adoption numerous international treaties and declarations. One of the significant result of these efforts was the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies that adopted by the United Nations Committee on the Peaceful Uses of Outer Space by consensus on 5 December 1979, declares the Moon and other celestial bodies to be the common heritage of mankind. This Agreement has never been ratified by any State that engaged in self-launched manned space exploration or has plans to do so and thus has an insignificant effect on spatial activities. This article analysis the concept of common heritage of mankind that consists of five elements: non-appropriation, international management of resources, sharing of financial and technological benefits , reservation for peaceful purposes and reservation for further generations. It is shown that the Moon Agreement applying the concept of common heritage of mankind to outer space, Moon and other celestial bodies which has been presented by developing countries to preserve essential resources, always been associated with some problems. Also, on the one hand, there is an attempt to scrutinize these obstacles that prevent applying this concept by paying attention to its challenges. On the other hand, author presents some solutions to strengthen this concept in outer space legal system and motivate space powers to join the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.

Carl Christol in 1964 said : "Science soars like an eagle and Law drags on like a turtle". This is exactly the situation we see when it comes to the protection of intellectual property rights in outer space. This article will briefly describe what intellectual property rights comprise of, how they are relevant in outer space and what the current legal regime in place for outer space says about the matter. It will then look into the ‘flags of convenience’ problem that comes alongside the law advocated by the current regime and it will at the end, provide some recommendations and a conclusion as to the way forward.

Yayının word belgesi biçiminde hazırlanmış halidir.
Uzay madenciliğine ilişkin Türkiye'deki çalışmalara kısa bir bakış eşliğinde Lüksemburg Uzay Kaynaklarının Aranması ve İşletilmesine Dair Kanun'un yürürlükteki maden mevzuatında yer alan terimlere uygun olarak Türkçe'ye çevirisi çalışmasıdır. 2021, MAPEG Dergi Yıl:2 Sayı:4 ss.12-19

“Space: The Final Frontier.”  While that phrase has been a call to arms for generations of science fiction fans and space enthusiasts to look up at the night sky in wonder and amazement, it has increasingly become a siren call for private space pioneers. Since man first went to space, humankind has been pushing the boundaries of experimentation, research, and exploration into the cosmos. Even though Earth’s supply of certain rare and precious metals may be reaching depletion, researchers have found that asteroids are likely to contain vast quantities of these resources.  Today, several companies are attempting to tap into this potential wealth of resources for use, both on Earth and in space.  Before these companies can begin mining, however, stronger property laws are needed to ensure the Asteroid Belt of our solar system is not described as the next California Gold Rush.  This Article argues that the international community must be united on the policies and customs surrounding property ownership in space so these mining operations can be performed in a peaceful and safe manner.

The main objective of this dissertation is to outline the development of International Space Law in the field of space debris mitigation and remediation. The purpose is to provide a legal analysis starting from the Treaties and Principles of Law that make up the Corpus Iuris Spatialis, up to the proposal of a Code of Conduct for Space Debris Mitigation. The study is focused on the need of defining a technical and juridical set of rules at international level and is divided in three main parts. The aim of the first chapter is to evaluate the role of the already existing Treaties and to technically define what constitutes space debris because of a normative gap in the international regulatory system. Starting from the definition elaborated by Inter-Agency Space Debris Coordination and from the role of the North American Aerospace Defense Command’s space objects catalogue, it will be examined the process of space debris accumulation, i.e. Kessler Syndrome. Indeed, security and sustainability play a primary role for the maintenance of Outer Space calling all the States to act diligently and responsibly in the interest of all international space community actors. The second chapter goes through the actual International legal regime for the mitigation and remediation of space debris, starting from the non-binding IADC and UNCOPUS Guide Lines, passing through the legally binding provisions set out in the International Space Law Treaties, arriving to the Space Situational Awareness system role.  In the third part, it will be presented the Case Law concerning Cosmos 954 aiming at providing a concrete example of dispute settlement and to understand how the International Space regulations work. A comparison between International Environmental Law’s provisions, such as the ones included in the 1972 Stockholm Declaration or in the 1992 Rio Declaration, and the provision of Space Law promoting Outer Space and Earth natural environment is also provided. Furthermore, the United Kingdom’s Outer Space Act, entered into force in 1986, shows how international provisions on space debris shall be implemented domestically. In the end, they will be presented the possible ways of enhancing the International Legal system on space debris mitigation through three main options based on the European Center for Space Law proposal: a voluntary regime of adherence, a United Nation Committee on the Peaceful Uses of Outer Space approach or a voluntary Code of Conduct on Space Debris mitigation. To date, the possibility of reaching an agreement on an International Code of Conduct, a voluntary scheme under the coordination of the United Nations, that can combine all three options listed above, seems to be a comprehensive solution and, according to the current dynamics of international norms of Space Law, even the most concrete.

Following Dennis Tito's flight to space aboard the Russian Soyuz capsule in 2001, suborbital has become a new form of commercial activity. Fueled by an eager public and decreasing prices, the industry is rapidly expanding. Because the current space law regime was originally designed for governmental exploration, it is inadequate to handle the range of legal challenges emerging from this private commercial activity. This article therefore suggests that the current legal regime is incapable of sustaining the space tourism industry and that there is an urgent need for a new international convention.

Hitler’in gizlice yürüttüğü roket programı başarısız olsa da Von Braun ve ekibinin iki süper güç devlet arasında paylaşılmasıyla Soğuk Savaş döneminde uzay adeta bir keşif yarışına sahne olmuştur. Bununla birlikte BM’nin hayata geçirilmesinin ardından ‘Uzay Savaşları’nı bekleyenlerin aksine süper güç devletler uzayın barışçıl kullanımı ve sorumlulukların belirlenmesi için çeşitli anlaşmaların imzalanmasına öncülük etmiştir.

Günümüzde ise bilim ve teknolojide ilerlemelerle birlikte uzaya erişim çok daha kolay, ekonomik ve yoğun şekilde cereyan etmektedir. Artık uzay birçok devletin bağımsızca erişebildiği bir alan olmakla beraber Jeff Bezos, Elon Musk gibi girişimcilere göre eşsiz ticari fırsatlar sunmaktadır. Öte yandan akademik çevrelerde uzay hukukunun temelini oluşturan anlaşmalar ve sözleşmelerin Soğuk Savaş döneminin izlerini taşıdığı ve rejimin güncel sorunlara yanıt vermekten uzak kaldığına dair görüşlere sıkça tanık olmaktayız.

Bu kitap ‘Uzay Hukuku’ alanının kapsamını oluşturan anlaşma ve sözleşmeleri tarihsel süreç ve kavramsal çerçeve perspektifleriyle incelerken rejimin güncel durumu ile uzay hukuku alanında söz sahibi kurumlar ve aktörleri enine boyuna tanıma fırsatı sunmaktadır. Ayrıca artan tehdit algısı ve askerileşme ile uydu-karşıtı silahlar ve uzay molozları gibi önemli sorunları mercek altına alırken uzayın ticari kullanımı, strateji ve ulusal güvenlik boyutunu irdelemekte ve tüm bunların ‘Türkiye için ne anlam ifade ettiğini’ sorgulamaktadır.

The Moon and Near Earth Asteroids (NEAs) are increasingly gaining attention as sources of raw materials.1 They might be able to satisfy growing needs of the humans, while the limited amount of natural resources on Earth is steadily decreasing.2 For example, the Moon is rich in Helium-3, an isotope with nonradioactive properties that is expected to make fusion reactors of nuclear energy safe.3 NEAs are comprised of rare metals that are possibly worth millions of dollars4. The question must be asked whether international space law recognizes property rights of the celestial bodies to non-governmental actors. Outer Space Treaty (OST)5 seems to have some ambiguities, but in fact, it closes its own loopholes. Moon Agreement6 explicitly prohibits granting ownership of space resources to non-State actors. However, contrary to OST, it is not widely supported by the international community. In the end, this paper will suggest that rights in space should be clarified through the amendment of Moon Agreement.

PUBLISHED IN SPACE POLICY:
The 21st Century has seen a significant increase in space activity, driven by private sector entities using space for commercial enterprises. This increased use of space is not without cost to the delicate space environment. The threat posed by human-made debris in Low Earth Orbit (LEO) is now widely recognized as presenting a danger to current levels of space activity and a more sustainable approach is sought by private and public sector actors. This article will evaluate sustainability in LEO and whether the consensus regarding orbital debris is matched by legislative or governmental action. More broadly, however, it will be contended that notions of space sustainability have largely been restricted to LEO. This article will seek to move the sustainability debate beyond LEO, by highlighting the potential risks to delicate space environments that arise from human activity in both exploring and settling other celestial bodies. The article will attempt to reframe the discussion on sustainability, advocating legal and policy solutions that need to guide future space activity to ensure that humanity avoids replicating the problems now found in LEO.

"The idea of the oceans as the new, seventh continent was popular in the mid 1960s.
Starting in 1965 and lasting until 1980, more than 65 of these habitats were built all around the world by industrialized states. This has led to the assumption that both the conquest of the deep sea and that of the space can be seen as an expansion of frontiers in the times of the Cold War and in the postcolonial era. For instance, in 1964, at the New York World Fair, a special exhibition called Futurama showed a model of a possible future civilization on the sea-floor as well as displaying proposals for settlements in the Antarctic as both were considered unsettled continents."

The Project Icarus Study Group’s objective is to design a mainly fusion-propelled interstellar probe. The starting point are the results of the Daedalus study, which was conducted by the British Interplanetary Society during the 1970’s. As the Daedalus study already indicated, interstellar probes will be the result of a large scale, decade-long development program. To sustain a program over such long periods, the commitment of key stakeholders is vital. Although previous publications identified political and societal preconditions to an interstellar exploration program, there is a lack of more specific scientific and political stakeholder scenarios. This paper develops stakeholder scenarios which allow for a more detailed sustainability assessment of future programs. For this purpose, key stakeholder groups and their needs are identified and scientific and political scenarios derived. Political scenarios are based on patterns of past space programs but unprecedented scenarios are considered as well. Although it is very difficult to sustain an interstellar exploration program, there are scenarios in which this seems to be possible, e.g. the discovery of life within the solar system and on an exoplanet, a global technology development program, and dual-use of technologies for defence and security purposes. This is a submission of the Project Icarus Study Group.

Psychologists have been called upon in recent years to look into the psychological effects on humans, after being in space for prolonged periods, as both government and private corporations work towards making the idea of living in space for long periods of time a reality. Over the course of a few decades, psychological research into “analogue sites” here on earth, simulations, and astronauts living and working in orbit has started to show how humans are affected by such environments. In general, findings show the potential for conflict or emotional deterioration during long-term isolated periods, but it may have more to do with people’s perceptions of their environment more so than the environment itself. Even still, living in isolated and confined areas can cause stress and problematic behaviours that may interfere with productivity and relationships. Communication, homesickness, and habitat design also become important factors in the success of long-term missions in space. Several factors pertaining to culture such as nationality, gender roles and sexual orientation become important aspects to learn about in order to work harmoniously with others in a long-term space environment and to avoid any misunderstandings. The broad definition of culture also becomes an important aspect of living and working off world. Most researchers are aware of the problems when studying culture such as pinpointing the parts of culture that are causing such issues. Therefore, it is suggested that future research defines culture more clearly while learning more in depth information regarding participants’ ideas of their own identities. This independent study will explore the psycho-social issues of living in isolated and confined spaces, culture and gender for long-term missions off world.

Le droit et l’astronomie apparaissent au premier abord contradictoire. En effet, réconcilier science humaine et science exacte semble tenir de la gageure. Cette entreprise est néanmoins réalisable. Heureusement, car à l’impossible, nul n’est tenu. Le droit en tant que discours et comme pratique, est une réalité inhérente à toute activité sociale. Il s’imbrique ainsi dans les activités scientifiques et notamment dans l’astronomie. Leur commun dénominateur se révèle être le droit de l’espace.

Has technology outrun the international law governing
outer space? This dilemma presents itself as private entities
become capable of space travel and new technology makes
asteroid mining a reality. Although the Outer Space Treaty’s
“non-appropriation” principle prohibits nations from
claiming sovereignty over space bodies, that restriction does
not prevent resource extraction. The non-appropriation
principle, interpreted alongside existing legal regimes,
distinguishes between forbidden appropriation and permissible
extraction. Consequently, the non-appropriation principle is
most accurately viewed as a flexible premise from which the
international community is free to fashion unique laws
governing resource extraction in outer space.

Numerous estimates for the date of the first interstellar mission have been made in the existing literature. However, these estimates are not based on existing elaborate scenarios from other domains, which project the next 100-300 years. In this paper, the implications of these projections on the hypothetical development of an interstellar probe are assessed. For this purpose, first, relevant scenarios are selected, where the Gross Domestic Product is chosen as the key indicator for the increase in technological capability. Second, different funding patterns from past space programs are derived in order to estimate the funding distribution over time for an interstellar program. Finally, integrated scenarios are developed and it is analysed how different funding structures shift the estimated earliest date where an interstellar program can be initiated. Depending on the political and economic background, potential dates stretch from within the 21st century to the 24th century and beyond. The earlier the potential program initiation date, the bolder the economic and political projections get from today's viewpoint. This is a submission of the Project Icarus Study Group.

Winner of the 2017 Sacknoff Prize for Space History from the Society for the History of Technology (SHOT) Aerospace Special Interest Group (Albatross) and Quest: The History of Spaceflight: https://www.spacehistory101.com/Sacknoff_Prize_for_Space_History_s/1824.htm

Since the earliest days of spaceflight, a range of actors—philosophers, scientists, engineers, lawyers, politicians, and “the rest of us”—have connected the view of Earth from outer space, often called the “world picture,” with “thinking globally.”  In doing so, these actors have related space activities to new kinds of political and existential meaning. Historical, anthropological, and sociological studies of these perspectives usefully deconstruct the influence of colonialism, politics, social order, and culture on the world picture, suggesting that its so-called global thinking is not so global after all.  Notably, Benjamin Lazier (2011) and Jordan Bimm (2014) historicize views about observing Earth from outer space, mainly as intellectual, politicized developments among philosophers and early spacefarers.  In Lazier’s account, the world picture is flat, not merely a philosophical but an actual “enframing”—literally, a picture of Earth from space.  But for astronauts and the engineers who design their vessels, the view of Earth from outer space occurs not within a two-dimensional frame but a physical space, which I tentatively call a “world space.” This approach inverts the object of study in discourses on the world picture from the impersonal “Whole Earth” to the space in which actors encounter it. I ask: How do the historical contingencies and sociological networks of spacecraft design influence astronaut experiences of viewing Earth from outer space and their “global thinking” or lack thereof?

I offer an historical and a sociological account of design, architecture, and bodies in one of the most unique sites of the International Space Station (ISS), the Cupola, often referred to as “our window on the world.”  I argue that the Cupola and ISS are what Michel Foucault would call “heterotopias.”  This concept presents a politically-charged, unorthodox lens through which to study such spaces. The heterotopia enriches scholarship on the world picture, providing a language by which to highlight flows of power in the Cupola and ISS. First, I review and critique studies on space, place, outer space, and thinking globally, using the heterotopia to intervene in these discourses. I then reveal various kinds of heterotopias related to life in the Cupola that highlight control and resistance to it. I show that the Cupola was designed and operates to order life and technological practices within and beyond its space, but that it also induces experiences that contest this spatial order. Although the Cupola may not create a “sense of place,” as Lazier might suggest and as Lisa Messeri claims of planetary scientists’ encounters with other worlds , it partly rejects its own spatial order by eroding astronauts’ global thinking and subverting its function as a technology that disciplines astronaut life.

ACKNOWLEDGEMENTS: I would like to express the utmost gratitude to Richard Staley for his invaluable and continuing insights and guidance during and after the writing of my M.Phil. Dissertation at Cambridge, from which this article is adapted. I must also thank Charissa Varma, Marwa Elshakry, Peter Dickens, Jordan Bimm, and Jeremy Kessler for their generous feedback and for various discussions that stimulated the development of the piece. I am further indebted to Mary Brazelton, Josh Nall, Simon Schaffer, Asif Siddiqi, Matthew Hersch, and Eleni Panagiotarakou for conversations on and offline that extended the reach of my research.