Space law

Space law is a type of international law dealing primarily with conduct in the area of space above Earth's lower atmosphere, i.e. outer space. The main treaty in space law is the so called Outer Space Treaty of 1967 (the Treaty). Based on the Treaty four additional conventions have been made, namely the Rescue Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1976 and the Moon Treaty of 1984.

At present this type of law is in its infancy. The fact that this type of law is still in a quite underdeveloped stage can be seen in the problems arising from the many inconsistencies between the different treaties. For example, the Outer Space Treaty and the Registration Convention only refers to state of registry when dealing with liability for damages and the return of astronauts and other objects, while the other treaties, the Rescue Agreement, the Liability Convention and the Moon Treaty, only mention the launching state as the state to be held responsible in the case of accidents. The latter treaties never say anything about registration. The concept of the launching state is in itself an area of difficulty since the launching state can be a number of different states. For example, the state that launches, the state from which territory an object is launched, the state that procures the launch, and so on.

Furthermore, the Registration Convention is a bit unclear on what to register and when. In fact there are objects that have been launched into space without ever being registered at any international organization, and objects that have been registered many years after the launch. The convention does not specify when an object needs to be registered, thus it seems that it is up to the owner of the object when this needs to be done.

According to the Registration Convention a state party must register a space object with the UN Secretary-General's office, but the convention does not, once again, specify what a space object is. However, the general opinion is that a space object is an object whose main purpose is to be used in activities in outer space. This means that aircraft which can maneuver in both the Earth's atmosphere and in outer space are not included in the convention, if the main purpose of such an aircraft is to connect two points on the Earth's surface. The NASA space shuttle, which takes off like a conventional rocket but returns and is reusable, is considered a space object, even though it has some similarities with a "normal" aircraft. Its flight capabilities are very limited and the purpose of the shuttle is not transportation between points on the Earth, but to conduct activities in outer space.

The Outer Space Treaty of 1967 was primarily written so that a balance between the two super powers of that time, the United States of America and the Union of Soviet Socialist Republics, could be reached. Since the USSR has collapsed, the traditional east-west conflict has ceased to exist, and more nations now have access to space, many feel that a renewal of the Treaty is needed. The Treaty was negotiated in haste (the negotiations took less than a year) and as a result it has many loopholes and it is somewhat unclear. Rapid technological development indicates that more and more private entities will begin to use and explore space. Since the Treaty of 1967 and its connecting agreements only take into account states as actors in outer space, this is another argument for the update of the Treaty.

History

U.S. President Dwight D. Eisenhower introduced the concept in 1957, in connection with disarmament talks, and the launch of the first Russian space satellite.

Main treaties

• The nuclear test ban treaty of 1963 banned the test of nuclear weapons in outer space.
• The Outer Space Treaty of 1967 (full name: The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies) governs the activities of states in space exploration.
• The rescue agreement of 1968 (The Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into space).
• The liability convention of 1972 (the Convention on international liability for damages cused by space objects) deals with damages caused by space objects.
• The registration convention of 1976 (the Convention on the registration of objects launched into outer space) covers the registration of objects launched in outer space.
• The Moon Treaty of 1984 (the Agreement governing the activities of states on the Moon and other celestial bodies) deals with the activities of states on the moon and other bodies.

The years of the different conventions and agreements indicate when they have entered into force.

Space law today

The International Space Station is governed by this type of law, as well as all other objects that are launched into space, including rockets as soon as they take off, the space shuttle when it launches, satellites in orbit, and so on. There is, however, no criminal law in outer space. It is unclear what would happen if, as an example, an astronaut were to murder another astronaut in space. At present time this is of course very unlikely because of the criteria today's astronauts must meet before they are sent into space, but in the near future such laws will surely be needed. More important today is the question of intellectual property rights. As an example, to whom will an invention made in space belong? This is not at all an unlikely situation considering all of the work taking place on the International Space Station by different persons of different nationalities. Does the invention belong to the person who made it, his home state, to the country which owns the module in which the invention was made, etc?

In the future it will be most interesting to see what kind of laws need to be made when (if) humans permanently settle some other planet than the Earth, example the Moon or Mars. How such an installation would be governed and under whose jurisdiction it would be will surely become the subject of much debate. Should a permanent settlement on a foreign planet be considered an independent state or some sort of protectorate under the jurisdiction of a state located on the Earth, and what would happen if settlers start an uprising on the foreign planet? What if settlers claim the entire planet as their own? The Outer Space Treaty clearly states that no parts of space or celestial bodies can be owned by any state or person. The question is whether a settler's child that is born on the foreign planet is concerned by a treaty made on the Earth. This kind of speculation is at present the subject of only science fiction writers, and only time can tell when the serious debate of this kind of law will be needed.

External links

• Overview of space law
• International Space Law