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Paper Session II-C - Legal Challenges in Realizing Interstellar Initiatives 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 Follow this and additional works at: https://commons.erau.edu/space-congress-proceedings 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 became dependent Wherever men have lived together, they have upon commercialization. Once the gold of the found it necessary to develop rules of conduct. universe was defined, man became willing to Hammurabi, a Babylonian ruler, Moses, the accept the risk to go after it. The interstellar Greeks, and the Romans set forth customary traveler works with an atomic table unlike the ways of behavior based 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 enforces through its police, its courts, new elements & minerals were discovered. and its other agencies. Law makes it possible for Helium HI and lunar glass one hundred times men to live together peaceably in a community. stronger than earth glass were found. As man Interstellar travelers will use a vast combination moved outward to explore new planets he of laws that represent unique pieces to the puzzle established production to meet the needs of human of maintaining order. If man is to grow, thrive, existence, hence, commercialization. and economically survive in interstellar space, Intercommunicating relay and resource stations examination 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 discovery on a daily basis and profile from the early colonist of the moon or our approaches problems with a new way of thinking. perception of what 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, or changing the energy framework established in today's time? He is a band for expedited photosynthesis, his way of man who is educated quite differently and life would be greatly affected. Recognizing at challenged beyond our comprehension with this point in time in the universe that all professions technology. Early space missions to the moon would be advanced including medicine, and Mars will consist of skeleton crews. They engineering, and law, it is difficult to conceive will survive by drawing upon broader educational man's daily strife in interstellar times. Is he backgrounds. Universities will require advanced beyond the challenges we face today engineering curricula quite different than today's with crime, drugs, extortion? the list goes on. requirements. An engineering degree The interstellar traveler may not be faced with encompassing a combination of civil, mechanical, these challenges because his very existence is industrial, and electrical 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 laws for interstellar will be fine tuned to meet the needs of survival. space comes from the Constitution. Constitutional law for space is an expansion of the legal In interstellar times, most sovereignties have framework that exists today. Primarily it is been resolved. Man is in constant movement expanded to address the issue of not having through 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 of a country placing stepping 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 powers, and for immeasurable 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 law of the land. over why man went to low earth orbit, then to the Which earthbound constitution must be adopted moon when he was 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.
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