Space law or astrolaw is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. The parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. 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.
The origins of space law date 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 1944. 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, thereby establishing the National Aeronautics and Space Administration (NASA). As space exploration required crossing transnational boundaries, this era witnessed the emergence of space law as a distinct field, independent from traditional aerospace law.
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 Telecommunication Union have served as the constitutional legal framework and set of principles and procedures constituting space law. Further, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), along with its Legal and Scientific and Technical Subcommittees, is responsible for debating issues of international space law and policy. The United Nations Office for Outer Space Affairs (UNOOSA) serves as the secretariat of the committee and promotes Access to Space for All through a wide range of conferences and capacity-building programs. 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. Furthermore, specific guidelines on the definition of airspace have yet to be universally determined.
Early developments One of the earliest works on space law was Czech jurist Vladimír Mandl's (Space Law: A Problem of Space Travel), written in German and published in 1932.Kopal, V. The Life and Work of Professor Vladimir Mandl – A Pioneer of Space Law. New Perspectives of Space Law - Proceedings of the 53rd IISL Colloquium on The Law of Outer Space. Paris: International Institute of Space Law, 2011, available online at http://www.iislweb.org/docs/NewPerspectivesonSpaceLaw.pdf German text of Vladmír Mandl's book is available online at https://www.law.csuohio.edu/sites/default/files/lawlibrary/mandldasweltraum-recht.pdf English translation is available online at https://ntrs.nasa.gov/api/citations/19850008388/downloads/19850008388.pdf
At Caltech in 1942 Theodore von Kármán and other rocket scientists banded together to form Aerojet rocket company with the help of lawyer Andrew G. Haley. To toast the new corporation, Kármán said, "Now, Andy, we will make the rockets—you must make the corporation and obtain the money. Later on, you will have to see that we behave well in outer space. ... After all, we are the scientists but you are the lawyer, and you must tell us how to behave ourselves according to law and to safeguard our innocence." Indeed, twenty years later, Haley published the fundamental textbook, Space Law and Government.Forewords for Space Law and Government were contributed by Lyndon B. Johnson, Carl Albert, and George P. Miller. The book was reviewed by American Journal of Legal History, Southern California Law Review, Duke Law Journal, and Georgetown Law Journal.
Beginning in 1957 with the Space Race, nations began discussing systems to ensure the peaceful use of outer space.inesap.org Peaceful Uses of Outer Space and International Law.UN website UN Resolution 1148 (XII). Bilateral discussions between the United States and the USSR in 1958 resulted in the presentation of issues to the UN for debate.UN website UN Resolution 1348 (XIII). In 1959, the UN created the Committee on the Peaceful Uses of Outer Space (COPUOS). COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee. 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. Haley.Andrew G. Haley (1961) "Survey of Legal Opinion on Extraterrestrial Jurisdiction", in proceedings of the eleventh International Astronautical Congress, Stockholm 1960, pp 37–92, Springer
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. These basic principles formed the foundation of the 1967 Outer Space Treaty.
International treaties Six international treaties have been negotiated to govern state behaviour in space: TreatyOfficial titleYear signedYear of entry into forceNumber of states partiesPartial Test Ban TreatyTreaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water19631963126Outer Space TreatyTreaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies19671967111Rescue AgreementAgreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space1967196898Liability ConventionConvention on International Liability for Damage Caused by Space Objects1972197296Registration ConventionConvention on Registration of Objects Launched into Outer Space1974197671Moon TreatyAgreement Governing the Activities of States on the Moon and Other Celestial Bodies1979198418 The Rescue Agreement, the Liability Convention and the Registration Convention all elaborate on provisions of the Outer Space Treaty. Some consider the Moon Treaty to be a failed treaty due to its limited acceptance. Others, however, have suggested to complement the Moon Treaty, to accommodate raised issues with it, while employing its qualities.
1998 ISS agreement In addition to the international treaties that have been negotiated at the United Nations, the nations participating in the International Space Station have entered into the 1998 Agreement among the governments of Canada, Member States of the European Space Agency, Japan, Russian Federation, and the United States concerning cooperation on the Civil International Space Station.Space Station Agreement 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). The agreement also provides for protection of intellectual property and procedures for criminal prosecution. This agreement may very well serve as a model for future agreements regarding international cooperation in facilities on the Moon and Mars, where the first off-world colonies and scientific/industrial bases are likely to be established.
International principles and declarations
The five treaties and agreements of international space law cover "non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploitation of natural resources in outer space and the settlement of disputes".
The United Nations General Assembly adopted five declarations and legal principles which encourage exercising international laws, as well as unified communication between countries. The five declarations and principles are:
The Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963) All space exploration will be done with good intentions and is equally open to all States that comply with international law. No one nation may claim ownership of outer space or any celestial body. Activities carried out in space must abide by the international law and the nations undergoing these said activities must accept responsibility for the governmental or non-governmental agency involved. Objects launched into space are subject to their nation of belonging, including people. Objects, parts, and components discovered outside the jurisdiction of a nation will be returned upon identification. If a nation launches an object into space, they are responsible for any damages that occur internationally.
Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1979) The agreement, also called Moon Treaty, exists to promote the exploration of outer space, but to keep the Moon and other celestial bodies in pristine conditions for the common heritage of mankind, meaning that no nation may claim sovereignty over any part of space. All countries should have equal rights to conduct research on the Moon or other celestial bodies. Weapons of mass destruction of any kind including nuclear and bases built for military purposes are specifically banned by the treaty. The United Nations resolution also states that all State Parties may conduct their enterprises below the surface of the Moon or any celestial body so long as efforts are made to protect it from contamination. All activities in space are required to be attached to a nation and any damages to other nations equipment or facilities caused by another party must be repaid in full to that nation. Any discovery of a dangerous hazard such as an area that is radioactive must notify the United Nations Secretary General and the greater international scientific community immediately. All missions in space lasting longer than 60 days must notify the UN Secretary General and the greater scientific community every 30 days of progress. Any samples that are collected from space must be made available at earliest convenience to the scientific community. The agreement does not include meteorites that fall to Earth by natural means. Currently not a single nation that conducts its own missions in space has ratified the agreement. This likely signifies that the 'Moon Treaty is likely a failed treaty because none of the nations that actually go into space signed or ratified the agreement. That said the need for a lunar activities regulating agreement has been pointed out and proposed to be combined with a Moon Treaty clarifying Implementation Agreement.
The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982)