The Space Congress® Proceedings 1992 (29th) Space - Quest For New Fontiers

Apr 22nd, 2:00 PM

Paper Session II-C - Legal Challenges in Realizing Interstellar Initiatives

Suzanne M. Hodge Rockwell International Space Systems Division

Elizabeth B. Osmond Attorney at Law Asst. State Attorney

Manuel C. Urrutia Rockwell International Space Systems Division

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Scholarly Commons Citation Hodge, Suzanne M.; Osmond, Elizabeth B.; and Urrutia, Manuel C., "Paper Session II-C - Legal Challenges in Realizing Interstellar Initiatives" (1992). The Space Congress® Proceedings. 18. https://commons.erau.edu/space-congress-proceedings/proceedings-1992-29th/april-22-1992/18

This Event is brought to you for free and open access by the Conferences at Scholarly Commons. It has been accepted for inclusion in The Space Congress® Proceedings by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. LEGAL CHALLENGES IN REALIZING INTERSTELLAR INITIATIVES by Suzanne M. Hodge Elizabeth B. Osmond Manuel C.Urrutia Rockwell International Attorney at Law Rockwell International Space Systems Division Asst. State Attorney Space Systems Division

ABSTRACT

Exploration of our solar system and beyond During life, man must realize benefits has barely begun. The challenges of space are associated with working on another planet. limitless, and each addition to our ability to Monetarily speaking, should his income be taxed operate there opens new legal concerns between by this great land of ours or any other land or ourselves and our international partners. We are council? Should the institution of marriage as we in fact living at the very beginning of time. Our know it today apply on other planets or in other descendants of far-off ages will use the legal galaxies? Social prejudices must be controlled framework we put in place to reach unimaginable by law in order to minimize risk to man's opportunities. In the past our forefathers never psychological well-being in space. Constitutional envisioned the United States Constitution to be law must provide that products produced on such a strong source of power for the government. other terrestrial bodies should not harm or increase Consequently "We the people of the United risk to area residents. Who will be responsible States" have the Bill of Rights. Will the legal for space debris now and in the future? framework we establish provide the guidance to extend beyond the solar system and journey to Thus, how effectively can man establish a other stars? space bill of rights that attaches to the earth bound United States bill of rights? Additionally, In taking the logical steps in space to realize this bill must be accepted by all international Space Exploration Initiative and beyond we must partners and be compatible with their own consider the legalities associated with birth, life, governing law of their land. and death. Thus, the issue of birth on another planet is discussed. Would a lunar or Mars born Where there is life, there is death. Will laws space traveler obtain citizenship through the be established to preclude earth bound citizens United Nations registry? To what earth bound from paying to fly back bodies? Social customs land would this traveler be sovereign? The time and political values must be governed by law and of the birth, the day, and even the calendar year agreed upon by all international partners. The must be described in such a manner that when laws and guidelines established for colonization man does go beyond the solar system to other of the moon and Mars will also be used by stars the legal framework established goes as interstellar travellers. Interstellar travelers will well. Will the framework provide for genetic need to bring these laws and a broad economic engineering to be realized in other worlds and not and vocational base with them to pioneer be suppressed by social and political earthbound successfully on a new planet. ways?

6-36 The Beginning of Law In early times of exploration, man's ability to travel into interstellar space Wherever men have became dependent lived together, they have upon commercialization. Once the found it necessary to develop rules gold of the of conduct. universe was defined, man became willing to Hammurabi, a Babylonian ruler, Moses, the accept Greeks, the risk to go after it. The interstellar and the Romans set forth customary traveler works with an ways of behavior based atomic table unlike the on religion. LA W as we one we know today. In the past, Apollo missions know it today is the set of rules which the provided the analysis of lunar regolith and many government enforcesthrough its police, its courts, new elements and & minerals were discovered. its other agencies. Law makes it possible for Helium HI and lunar men to live together glass one hundred times peaceably in a community. stronger than earth glass were found. Interstellar travelers will use a As man vast combination moved outward to explore new planets he of laws that represent unique pieces to the puzzle established production of maintaining to meet the needs of human order. If man is to grow, thrive, existence, hence, commercialization. and economically survive in interstellar space, Intercommunicating examination relay and resource stations of these existing pieces of law and have became commercially owned. the new challenges is the key to providing the solution for his orderly existence in the universe. The interstellar traveler could be considered an alien life form to us today. He lives with How does the interstellar traveler differ in scientific profile discovery on a daily basis and from the early colonist of the moon or our approaches problems with perception of what a new way of thinking. the early Mars colonist will For example, if just a few scientific discoveries be? Who is this man who will be using the legal were made such as fusion, framework established or changing the energy in today's time? He is a band for expedited photosynthesis, his man who is educated quite way of differently and life would be greatly affected. Recognizing at challenged beyond our comprehension with this point in time technology. in the universe that all professions Early space missions to the moon would be advanced including and Mars will consist medicine, of skeleton crews. They engineering, and law, it is difficult to conceive will survive by drawing upon broader educational man's daily backgrounds. strife in interstellar times. Is he Universities will require advanced beyond the challenges we engineering curricula quite face today different than today's with crime, drugs, extortion? the list goes on. requirements. An engineering degree The interstellar traveler encompassing may not be faced with a combination of civil, mechanical, these challenges because his very industrial, and electrical existence is disciplines will be challenged beyond these influences. It seems to required. The interstellar traveler has a broader be a matter of survival. understanding over various disciplines. However, in interstellar times specialists will become quite Current Legal Framework useful again to minimize risk. Due to successful commercialization of the universe, cost will not The first critical piece of the puzzle and most be a factor in determining crew size. Education basic piece used to establish will be fine laws for interstellar tuned to meet the needs of survival. space comes from the Constitution. Constitutional law for space is an expansion of In interstellar times, the legal most sovereignties have framework that exists today. Primarily it is been resolved. Man is in constant movement expanded to address through the issue of not having the universe. He accepts this as a way of international boundaries in space. life, the norm, and moves out with the belief he is there to stay. Figure 1 illustrates the distances Its constitution is the basic set of rules that and vastness of the universe. The thoughts of governs a country. The constitution placing stepping of a country stones in the universe seems usually provides for the form of the government, archaic to his way of thinking. He has for limits on the government's immeasurable powers, and for respect for his surroundings and assurances of the rights and liberties of the citizens. accepts his existence as small. He may ponder The constitution is the basic over why man law of the land. went to low earth orbit, then to the Which earthbound constitution must be moon when he was adopted really trying to get to Mars. for interstellar space to assure the rights and

e-37 Inner Planets 920,000,000 miles Solar neighborhood 920,000,000,000 miles Nearby stars 920,000,000,000,000 miles

Earth-Moon shown in 920,000 mile sphere The diameter of each successive sphere from 2 through 5 is a thousand times as long as the sphere before it. The spheres are solely for re­ ference. Note sphere 6 is 20 times the diameter of 5; sphere 7 is 260 times the diameter of 6.

6.

Milky Way Local ckSeTrf galaxies 153.°°° H9ht Vears 3,060,000 light years Local Metagalaxy approx. 800 million light years (260 x previous diameter)

Figure 1. Interstellar Space liberties of all the earthbound citizens? Is it the protection and guidelines by which United States, Great Britain, Canada or some commercialization in space can evolve without other land's constitution? endangering the planet earth or each nation within. Constitutional law will provide a basic legal Although Great Britain has the Magna Carta, framework on which to build a space bill of rights their constitutional law is unwritten. The basic that takes into account for the first time the rights rules that make up the British constitution are the of those that dwell on other planets. The tradition of freedom, justice, and human rights interstellar travelers must have the freedom to under which the British people have lived for explore, acquire and produce products for their hundreds of years. Conceptually these are the own personal gain but not at the expense of beliefs of the United States citizens. Across the earthbound citizens. The freedom of choice, to world other constitutions can be dissected and make economical decisions in the best interest of found to hold similar principles. In Canada, the those planet inhabitants must be insured. As a constitution is in the British North America Act, lunar base is realized and established those passed by the British Parliament. Again the goal inhabitants must begoverned under constitutional of protecting human rights and liberties has been law to respect the rights and liberties of all and the established. Each constitution must be looked at constitutions of all the nations must provide individually to insure that each nation's appendices to insure that the rights of other space constitutional law has not been violated by newly inhabitants are equal in nature. established space constitutional law. Most importantly in the next decade as man starts to Attached to the constitution for space could move out and establish himself on other planets be a quite elaborate bill of rights. In the United some adopted and agreed upon form of States, after the completion of the constitution, constitutional law must be in place for space. our fore fathers recognized that an extreme amount Constitutional law for space will provide of power was given to the government and some

6-38 other form of document that describes the is no international fundamental court to enforce maritime liberties of the people needed to be decisions. However, All nations established. This document that have vessels would need to forbid on the sea set up national maritime courts and the government to violate these rights. Many they do serve a vital purpose countries have established of maintaining law bills of rights. Canada, and order. These courts consider maritime cases France and Great Britain have bills of rights that in much the same are conceptually similar way that civil courts hear other and quite adequate on kinds of complaints. Using this which to base a space philosophy, all bill of rights. It is through nations that have space vehicles (stations) on the English bill of rights that certain rights that orbit or in the depths were of interstellar space have the "true, ancient, and indubitable rights the right and responsibility to and liberties of set up national the people" of the English maritime courts in their earthbound nation. With kingdom were established. It settled the each nation taking this right succession to and operating the throne, and limited the powers according to the laws and usages of that country, of the king in such matters as taxation and keeping how can the people of up a standing all nations combined be army. Through examination of the assured that theirrights in space won't be violated? English, it is evident that those who reside on In the case where an accidental other planets will need spill occurs or a protection from triple satellite is lost, laws must govern the resolution taxation. Taxation will become a key issue once of these scenarios. In the the productivity case where a billion of mining other surfaces is dollar satellite is retrieved by a party that is not increased and risk to space travel is minimized. the original creator should that Control of all satellite become forms of taxation must be established the property of the original party, the new owner, and it is through the bill of rights that those both, or none of the above? Those guidelines can parties holding be established. Do products made the technological edge for satellite retrieval may on other planets fall under any nation's current be the only people with the import ruling? ability to acquire If a product is produced on the ownership of lost debris. Maritime law provided lunar surface due to Japan's investment, is it a timeline by which the imported original creator had "a under the same guidelines as earthbound limited" amount of time to reacquire the property products? If so, does that make commercialization lost. In space, due to solar flare activities of space economically and unattractive? Economic many of the unknowns a defined timeline to uncertainty and initial cost of establishing the reacquire property (flotsam, universe will jetsam, and lagan) be the drivers forcing an extensive may not be just and may in fact deter humans bill of rights to be developed. It will be imperative from taking a chance and moving to insure out into space. initial space pioneers take with them Also, nations cannot afford the risk of economic their basic freedoms and existing right to "life, loss. liberty, and the pursuit of happiness". For example, the rights of one planet must be Approach to Settlement compared to the others through a federation. Key to a successful development of space A third piece of the puzzle, maritime law, exploration and regulates commerce settlement is the continuing and navigation on the high resolution of problems which would disrupt seas or other navigable waters, including inland peaceful existence lakes and on Earth; a peaceful, rivers on earth. It involves all vessels cooperative approach to space efforts and covers such matters is essential. as contracts, insurance, The space program must not only be perceived as property damage and personal injuries. Although an instrument for improving a general maritime life on earth but on law has developed other settlements as well. We now internationally on earth, start with the it operates in any nation high level description of the concept of a space according to the laws and usages of that country. management and legal infrastructure. Each nation bases its modifications and qualifications on what it thinks are necessary and Lunar colonization will require proper. It becomes extensive evident that maritime law development of laws for space. Although these must be coupled with law that addresses the first lunar steps towards major issue space law are quite of having no international boundaries monumental, lunar colonization is near-term in interstellar space. Maritime law, in general, thinking in respect to interstellar does not space. have any legal force of its own. There Historically speaking, the Greeks were among

6-39 the first to introduce the idea that laws are made Council," will possess the authority to enforce by men and can therefore be changed by men as well as legislate with the agreement of its whenever the need arises. This idea marked a membership. An analysis of ages of history and great step forward in human thought. We must lessons learned applied to foresee situations in recognize that lunar and Mars colonization laws near and interstellar space will be administered. will change as man moves out farther in the The governing laws will regulate space operations universe. Therefore laws must be written to to and from colonies and the activities on the accommodate changes without affecting the order colonies themselves. As previously stated, law of life significantly. James Madison, one of the will preserve the rights of the individual to life, founders of our government, said, "in framing a liberty, freedom of religion, speech, and the system which we wish to last for ages, we should pursuit of happiness as is guaranteed by our U.S. not lose sight of the changes which age will Constitution Bill of Rights. In other words, there produce" "(ref. World Book Encyclopedia, will be a Constitution for Space which will ensure Volume U, U. S. Constitution, pg. 130). The these rights are protected. Laws must protect the founders of a space organization and set of laws life of the space traveler and colonist and respect must take this kind of approach. We must not all life in the Universe and protection of the same only accept the concept that laws will be changed rights as mankind. The law shall regulate but must write them with interstellar travelers in commerce and protection of the environments of mind. Our belief in interstellar realization must space. The law shall provide for trial, protecting move us to develop law flexible enough to the rights of the accused, and justice. These are accommodate the unknown in the universe. just a few examples of required law. There are two kinds of approaches to The possibility of contact with other advanced organization for space endeavors: 1) Single life forms exists and provision for representation Nation, and 2) Multi-Nation programs. Why a on the International Space Council should be Multi-Nation approach to space exploration and considered. Such contact most probably will settlement? One unified thrust by an assembly of result in treaty and diplomatic relations. nations will have a positive effect on progress. All nations involved would share the following Alternatively, Single Nation programs will benefits: economic, scientific, environmental, direct their efforts strictly toward their own and responsibility. A unified and harmonious interests. There are economic problems in the approach will protect new frontiers from the financing of this type of program. Individual propagation of some of our destructive attributes. technology efforts produce results but are shared One regulating space council over cooperating with other nations only on a limited basis. There nations minimizes the opportunity for conflict is the potential of disputes between nations within the legal framework of the space regarding access, and territorial rights, which can organization and perhaps the nations themselves. result in hostilities. The shifting of national In regard to contact with advanced alien life, identities can be an issue and there is also the Earth' s unified and peaceful stature will be looked possibility that contact with advanced alien life upon as an acceptable virtue for a space partner, could categorize the Earth as a non-unified people and not as a threat to their existence. struggling towards its own ends and therefore a threat to other worlds. Looking at a Multi-Nation program, the United Nations is the logical place to add an Exploration, Colonization and the Law assembly of the nations to establish a space charter which would establish long and near- Establishment of space stations, lunar and time goals for space, including exploration, and Mars colonization, and interstellar operations to peaceful extension of mankind into the solar and from these outposts, will constitute the system and beyond. Through its representation proving ground for Space Law. This model of of the peoples of Earth, it would also coordinate law will be the basis for operations and settlement the resources and provide for the establishment beyond the solar system. of a body of Space Law. Space Law will be similar to International Law with the exception Today, the United States plans on meeting an that this new organization, "International Space objective by the early 21st century; to have an

6-40 Earth orbiting space station and settlements on interesting twist. Do all these colonies as well as the Moon and Mars. Initially, the lunar and Mars space vehicles operate on earth time? Greenwich colonies will be established by highly trained Mean Time (GMT) perhaps? This teams would be of astronauts. They will be the first to impractical and confusing during space travel exercise law based on their mission to initiate life and on celestial bodies with different solar cycles support facilities on these unfriendly bodies. It is or perpetual light or darkness. First, from a new standard these beginnings that each colony will grow. measure of Space Time should be developed for Worker families will be introduced eventually, space travelers analogous to the use and of GMT for new life on these colonies will occur. These earth air navigation. Each colony will devise its societies will need and exercise more Space Law. own Local Time standards with a With conversion to growth will come increasingly more Space Time. It may sound complicated but is autonomy under the established regulations of manageable and quite necessary. space law. The requirements of colony life will dictate activities reflecting respect for life, liberty Citizenship of a colony is automatic, all and the pursuit of individual happiness, even in colonists share the same rights and protection of these environmentally hostile places. the law. It is expected that Earth citizenship issues will be simply a matter of inheritance. The Some wonder what the space traveler and child becomes a national of the parent's country. space colonist will hold as valued in their society. If the parents are not from the same country, then For many, faith in a creator God will remain the child should retain citizenship rights to both important Social customs are vital amongst the its' parents countries until it reaches the age of people of every nation but of common importance choice defined by law. The parents and the are marriage, the family and respect for all life. child's rights should be guaranteed by Space These attitudes must not change to keep pace Law. with technology and space endeavors. Attempts to change these basic traditions and values have The right to protect one's property and life caused disastrous consequences in Earth's through insurance is expected to carry the history. The family is the basic unit of stability availability of insurance to the colonist. Since for the race of mankind. It provides strength and risks are calculated by the insurance provider, it nurture for the development of men and women is not expected that such benefits will be located of strong moral character. The family is the basic on the edge of the space frontier. But wherever unit of strength for any society and nation. Where colony growth is such that life is almost routine, the family unit crumbles, so goes the nation. insurance providers and other service History tells us of the powerful Roman Empire organizations are sure to be established. and its collapse through moral decay. Societies have completely vanished. In the Pacific, a tribe Ownership of property is difficult to ceased to practice marriage and fidelity. There is speculate. People may eventually acquire no longer any trace of that tribe. Respect and property depending on the situation, risk or nature compassion for all life is a strength of a free of the settlement. Normally, when we discuss culture and is reflected in the 1st amendment to ownership, inference is made to assets such as the United States Bill of Rights. home, and land. Squatters rights may in fact be applied to establish space. Hostile barren land The birth of a child in our country is across the United States was developed using documented with all the vital essentials including these squatter principles or rather "guarantees for gender, foot prints, hand prints, weight, name if land ownership". Depending on colony known, time of birth, and name of the parents for conditions, mankind will continue to enjoy the hospital, city and county records. The parents personal possessions and the freedom to purchase usually receive a Birth Certificate as a form of and sell these possessions. This is based on the legal proof. In my life, I have had to produce a 5th amendment right to "due compensation". birth certificate several times for qualification to Purchase of a colonial home on the Moon or Mars different programs or activities. Colony births may not be necessary. These colonists may will require the same type of documentation occupy their duty posts for a short term or long tracking. The question of recording the time of term. Commercialization efforts on the Moon birth at a lunar or Mars colony takes on an and Mars may require some land lease or purchase

6-41 agreements. Moon resort projects have already into fragments. With time, the fragments break been discussed by the Japanese. Colonies up farther. There are now more than 40,000 established outside this system may dictate pieces of debris at least the size of a golf ball different customs. For instance, a colony on a circling earth. There are billions oftinier pieces, celestial body similarto earth would most certainly like small specks ofpaint" (ref.lssac Asimov's suggest possession of home and land assuming Library of the Universe, "Space Garbage," pg.5). there are no claims by civilizations already Space law should address this issue and enforce present compliance. What is to prevent the dumping of hazardous waste or debris in an uncontrolled Commercial endeavors including mining and fashion? The United Nations General Assembly manufacturing of needed materials, products, adopted the Universal Declaration of Human commodities, and their delivery in support of Rights in the United States in 1948. The space operations and space trade would be declaration asserts that all persons are equal in protected by Space Law established by the dignity and rights, and have the right to life, International Space Council. liberty, and security. It also lists certain social and cultural rights. Holding this piece is key to Colonial government will have its roots in enforcing the rights of all earthbound people. the body of space law developed by the International Space Council and be subject to the For example, if space debris continues to be authority of that organization. Colonial law or dumped into orbit, doesn't it in fact increase risk local government will preserve the right for all of future flights to be free from encountering life and the rights and freedoms of the individual damage from debris and endanger the lives, the within the framework of colonial life. Early safety of the people within the station or vessel? colonial members will be scientists including the Security becomes questionable. The rights of possibility of husband and wife teams. With the those station bound citizens must be protected. more complex growth of the colony, the Since spaceis not defined by boundaries, maritime demographics will consist of a society of multi­ laws for flotsam, jetsam, and lagan simply could national or national peoples. not be enforced. Again, establishing a set time limit to retrieve the space debris may not be Law and order will be upheld by the local humanly achievable in some cases although highly government on all outposts. Law enforcement desired. Adopting a universal declaration and security forces will be necessary with a protecting human rights would make it the system for trial and disciplinary action as responsibility of the maker of the vessel, waste, appropriate to the crime. Local jurisdiction will or resulting act to take measures as not to violate process locally committed crimes. Extradition the rights of others. Internationally agreed upon will be the process of returning fugitives to Earth risks could be addressed through the legal or other colonies seeking justice for a committed framework of the already established United crime. In addition, special laws of arbitration Nations Universal Declaration of Human Rights may be necessary to administerjustice in response as modified to insure the rights of those to complaints between mankind and earthbound, and those living on other planets, in extraterrestrial life forms. In such cases, the other orbits and galaxies. rights of due process for the individual must not be waived. Hazardous wastes, in space, as on earth, must be properly neutralized and/or disposed of Another area of concern of space law is the so as not to endanger life in the present or future. protection of the environment on Earth, celestial Launch sites can be dangerous to the colonist. bodies, and in space. Space debris has been a Their careful location and isolation from colony threat to Earth orbit missions. The accumulation life is essential and must be addressed by Space of debris must not become a menace to any Law. greater degree. Space Law must address this issue. Since the late 1950s, many satellites have As we are painfully aware, where there is life been placed in orbit about the earth. "Most are the possibility of death exists. Life in space will still circling our planet, even if they 're no longer probably provide many dangerous situations as working. At least 80 satellites have broken up well as natural situations which may end in death.

6*42 The question of burial and inheritance issues support issues must be resolved before long deep must be addressed in Space Law. Will the old space probes are successful. Colonist passengers standard of burial at sea be applied in space or may be numerous with the intent of settlement on will morality drive burial issues toward sending an identified distant celestial body. The trip will the bodies back to Earth? Development of more be long but with controlled excitement, complex societies at increased distances from anticipation of the unknown challenges, or the Earth will make return impractical. In such deep sleep of suspended animation. cases, burial in space may be performed. For Accompanying the dreams of settlement will be many, the colony will be home as was Earth for Space Law to support their society with a body of the pioneer in the early settlement of our nation. law that protects all rights and liberties. The use of Last Will and Testament instruments to distribute one's possessions and wishes to his Rules of contact with alien life forms must be or her beneficiaries should be protected by space dictated by Space Law and on scene judgement law. This process should be simple and at low of the senior official involved. There must be cost to the estate of the deceased. recognition of the rights of other life forms. Mutual respect, peaceful council and Interstellar Travel & Colonization understanding are important. Successful negotiation is the goal. Non-interference with The establishment of colonies on the Moon & the harmony and development of other less Mars will be the proving ground for Space Law advanced civilizations must be law. Involvement which will accompany interstellar travelers to in the affairs of other developing civilizations each future discovery and colonization. Lessons must be undertaken only with much consideration learned, and products developed (fuel of the consequences. manufacturing, robotic operations, food production, and new technology development) SUMMARY will support future space travel and will be regulated by space law. In summary, interstellar space law will be greatly affected by our near-term goals for space Transportation systems must enable travelers exploration. Our current goals are conservative to reach their objectives expeditiously. This is a and reflect our hesitancy to address interstellar considerable feat considering the light years of challenges. However, there are no known limits travel between our system and other systems to exploring the universe. The average rate of which possibly could support life. Speeds of near aerospace progress, accomplished over the past or greater than light speed must be accomplished, eighty-seven years of flight will enable attainment if possible, utilizing the maximum effects of time of light speed and distant stars before the next dilation theory derived from Einstein's theory of eighty-seven years of flight have passed. It is relativity (ref. Andrew G. Haley, Space Law and certainly possible that the galaxy contains other Government, Appleton-Century-Crofts, Division intelligent technical civilizations that must be ofMeredithPublishingCompany,1963,pg.400). protected by law. Based upon belief of what man The theory stated that 'time moves slower for has accomplished a&& what man can accomplish, someone who is traveling at a uniform rate, at a interstellar law should be considered as man speed close to the speed of light, than for someone moves out to establish the legal framework for who is earth-bound'. Many vehicle and life space.

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