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*Planning to replace the current lead paragraph picture with the Hubble Deep Field picture shown on the right:
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Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles.[1] Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics.[2] Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law.[3]
The origins of space law date can be traced back to 1919, with international law recognizing each country's sovereignty over the airspace directly above their territory, later reinforced at the Chicago Convention in 1954.[4][5] The onset of domestic space programs during the Cold War propelled the official creation of international space policy (i.e. the International Geophysical Year) initiated by the International Council of Scientific Unions. The Soviet Union's 1957 launch of the world's first artificial satellite, Sputnik 1, directly spurred the United States Congress to pass the Space Act, thus creating the National Aeronautics and Space Administration (NASA).[3][6] Because space exploration requires crossing transnational boundaries, it was during this era where space law became a field independent from traditional aerospace law.[5]
Since the Cold War, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty") and the International Telecommunications Union have served as the foundational legal framework and set of principles and procedures constituting space law.[7][8] Further, the United Nations Committee on Peaceful Uses of Outer Space, along with its The Office for Outer Space Affairs subcommittee, aid in governing international space law and policy.[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.[3][10][11] Furthermore, specific guidelines on the definition of airspace have yet to be universally determined.[3]
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Ethics
[edit]Ethics can be defined as "the task of being human." In space law, ethics extend to topics regarding space exploration, space tourism, space ownership, the militarization of space, environmental protection, and distinguishing the boundaries of space itself.[10]
Commercial Use
[edit]Early discussions regarding space ethics revolved around whether or not the space frontier should be available for use, gaining prominence at the time of the Soviet Union and United States' Space Race.[12] In 1967, the "Outer Space Treaty" dictated that all nations in compliance with international regulation is permitted to exploit space.[8] As a result, the commercial use of space is open to exploitation by public and private entities, especially in relation to mining and space tourism.[13] This principle has been the subject of controversy, particularly by those in favor of environmental protection, sustainability, and conservation.[14]
Environmental Protection
[edit]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.[15] 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.[16] Currently, researchers in the bioengineering field are working towards contamination control measures integrated into spacecrafts to protect both space and earth's biosphere.[14]
Defining "space"
[edit]Many ethical questions arise from the difficulty of defining the term "space." Scholars not only debate its geographical definition (i.e. upper and lower limits), but also whether or not it also encompasses various objects within it (i.e. celestial objects, human beings, man-made devices). Lower limits are generally estimated to be about 50 kilometers. 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 (along with within it.[10]
Geostationary orbit allocation
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Allocative Limitations
[edit]Objects in geostationary orbits remain stationary over a point on the earth due to gravity. There are numerous advantages in being able to use these orbits, mostly due to the unique ability to send radio frequencies to and from satellites to collect data and send signals to various locations. The United Nations Committee on Peaceful Uses of Outer Space have approved seven nonmilitary uses for these orbits: communications, meteorology, earth resources and environment, navigation and aircraft control, testing of new systems, astronomy, and data relay.[17]
Political Controversy
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Future developments using geostationary orbits may include an expansion of services including telecommunication, broadcasting, and meteorology.[11] Broadcasting and telecommunication services of satellites orbiting above Earth from certain nations may accidentally "spill over" into other nations' territory. As a result, uses for geostationary orbits may stir political controversy. This may prompt conflict with nations that wish to restrict access to information and communication.[17] Current and future political and legal concerns may be addressed by international legislatures, such as the United Nations Committee on the Peaceful Uses of Outer Space and the International Telecommunication Union.[11]
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- ^ "What Is Space Law?". Legal Career Path.
- ^ "Space Law". United Nations Office for Outer Space Affairs.
- ^ a b c d Gabrynowicz, Joanne Irene. "Space law: Its Cold War origins and challenges in the era of globalization". Suffolk University Law Review – via Law Journal Library.
- ^ Finch, Michael J. "Limited Space: Allocating the Geostationary Orbit". HeinOnline.
- ^ a b "Space Law 101: An Introduction to Space Law". www.americanbar.org. Retrieved 2018-12-03.
- ^ "Sputnik". history.nasa.gov. Retrieved 2018-12-01.
- ^ robert.wickramatunga. "The Outer Space Treaty". www.unoosa.org. Retrieved 2018-12-04.
- ^ a b Henri, Yvon. [www.itu.int/en/ITU-R/space/symposiumWroclaw2008/Wroclaw_YH.pdf "Orbit Spectrum Allocation Procedures ITU Registration Mechanism"] (PDF). International Telecommunications Union.
{{cite web}}: Check|url=value (help) - ^ [www.unoosa.org/oosa/en/ourwork/copuos/comm-subcomms.html "Committee on the Peaceful Uses of Outer Space and its Subcommittees"]. United Nations Office for Outer Space Affairs.
{{cite web}}: Check|url=value (help) - ^ a b c Jacques, Arnould (15 September 2011). Icarus' Second Chance: The Basis and Perspectives of Space Ethics. ISBN 9783709107126.
- ^ a b c Gorove, Stephen (1979). "The Geostationary Orbit: Issues of Law and Policy". The American Journal of International Law. 73 (3): 444–461. doi:10.2307/2201144. JSTOR 2201144. S2CID 147441593.
- ^ Pons, Walter (1960). Sthet uns der Himmel offen?. Krausskopf.
- ^ Freeland, Steven. "Up, up...and Back: The Emergence of Space Tourism and Its Impact on the International Law of Outer Space". Chicago Journal of International Law – via HeinOnline.
- ^ a b Rummel, John D. (2001-02-27). "Planetary exploration in the time of astrobiology: Protecting against biological contamination". Proceedings of the National Academy of Sciences. 98 (5): 2128–2131. doi:10.1073/pnas.061021398. ISSN 1091-6490. PMC 33387. PMID 11226203.
- ^ Jankowitsch, Peter. "Space Ethics and Protection of the Space Environment". ScienceDirect Academic Press.
- ^ Mautner, Michael N. (2009). "Life-Centered Ethics, and the Human Future in Space". Bioethics. 23 (8): 433–440. doi:10.1111/j.1467-8519.2008.00688.x. PMID 19077128. S2CID 25203457.
- ^ a b Finch, Micheal J. "Limited Space: Allocating the Geostationary Orbit". Northwestern Journal of International Law & Business. 7: 16 – via Scholarly Commons.