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2015 Space and Evolution No. 6 2015 Space K.K.and EvolutionNair No. 6:1–16

One-Way Ticket to : Examining the Law and Options to Regulate Adventurism on Celestial Bodies

Kiran Krishnan Nair*

Background or international, governmental or non-governmental, commercial or personal rests with the concerned na- No tourist seeks a one-way ticket. A tourist re- tion-state. Additionally, nations are bound by the usual turns home after a tour. Adventurers, by contrast, are state responsibility of ensuring the safety and security a different lot. They are far more reckless and seek a of their nationals, irrespective of whether they are different kind of pleasure—not always in conformity directly or indirectly part of any space activity or not with established norms, customs and general trends of involved at all. Thus, the envelope of responsibilities human behaviour. This is particularly true of colonis- on account of human is wide and ers who take adventure to the other extreme. They devolves on the concerned state, the particular space seek to migrate, establish colonies and appropriate agency as also the participants in the space activity. resources in virgin areas for their own benefit. The Various parties would be involved and there would be fear of the unknown and unexplored fires their imagi- significant overlap and intertwining of responsibili- nation and unlike the average tourist who seeks a large ties, all of which needs regulation well before the first amount of fun and a small measure of adventure, they proposed human space settlements come about. The seek the opposite and rush headlong into their ven- area in this regard is entirely grey and to that extent tures with little or no regard to the attendant dangers, the concept of a one-way ticket to Mars being touted risks and damage. Quite apparently, a one-way ticket by commercial companies as the next great milestone to an unknown, unearthly and unchartered destina- in tourism, exploration and colonisation is grossly tion like Mars seeks to fulfil the urges of adventurers premature. Neither has technology nor legislation and colonisers rather than the average tourist seeking matured to support such an endeavour. In its pres- nothing more than a break from the mundane. Thus, ent state, the idea of colonising Mars is chaotic and it may safely be inferred that those volunteering for fraught with danger to the individual, the state and the a one-way trip to Mars fall in the former category. general public at large. There exists a need to be more The adventurer’s enterprise is at his own risk, the deliberate, more realistic, more mindful and prepared same cannot be said about the tourist. The safety and before undertaking such risks since the risks impact well-being of tourists on is the responsibility of all humanity on earth and not just a section of adven- numerous agencies ranging from the tour operators turers or colonisers. At the same time, the attendant to the states involved as also the public at large. The risks should not be allowed to suppress aspirations of same cannot be said for adventurers and colonisers the general public. The better recourse would be to seeking new pastures on Mars. They fall in an entirely channelize the disparate energies of private players, different category and the implications consequently commercial organisations and state agencies to fulfil are entirely different for the state, the trip operator, humankind’s space aspirations. Towards that end, this the colonisers and the public at large. The privileges paper seeks to examine the shortcomings and risks in and perks, the collective responsibilities of state and the present endeavour and proposes recommendations society as also rules and regulations that ensure the to regulate and streamline the entire affair. safety and well-being of tourists on earth cannot auto- matically be extended to adventurers and colonisers. Examining the Fantasy and Reality of On the contrary, by custom and law, though the Mars Endeavours adventurer or coloniser acts on his own risk, he is obliged to ensure that his acts do not risk or endanger The Sombre Realities of the Adventure those not connected with the adventure. Similarly, The first space craft, Sputnik heralded the arrival agencies facilitating such adventures owe a duty of of the in 1957. The first planetary explora- reasonable care to both the adventurer and the gen- tion beyond earth came the very next year with eral public. With regards to the nation-state, as per an attempted by the US’s Pioneer 0. It prevailing space legislation, the final responsibility as failed. The first Mars probe, Marsnik-1 of the Soviet also liability on account of all space activity; national Union launched in 1960 also failed likewise. The first

*Joint Director Ops (Space) at Air HQs, New , .

1 2015 Space and Evolution No. 6 K.K. Nair successful Mars fly-by came in 1964 and the first the subject and the vast panoply of technicalities sur- successful orbit in 1971. Efforts have continued ever rounding the issues related to the means and ends of since with both the US and making more than space exploration, travel, habitation etc. do not make twenty one and nineteen Mars exploration attempts. the subject immediately appealing to the lay person. In the recent past, and India have also joined in Aspiring and fascinating on the subject of planetary the attempts with their Mars orbiters Yinghuo-1 and exploration and Mars settlements is the easier aspect, Mangalyaan in years 2011 and 2013 respectively.1 attaining credible information, knowledge and making However, five decades of efforts have yielded it appealing to lay public is a tougher proposition. For relatively little public knowledge and information instance, an average adventure camp enthusiast could on these state endeavours. The opportunities and deliver an absorbing talk on survival techniques to the challenges of the endeavour are not widely known general public. It would be appealing, credible and No great reservoir of information and knowledge on useful to one and all. But, a credible brief on Mars human space flight and settlements is known to exist; survival or habitation would demand the services of at least none exists in public domain.2 This could be a super specialist. The services of an average space attributed to lack of information or because nations are scientist or doctor may not suffice. One would at a reticent in sharing the hard earned gains of their ef- minimum require the services of specialists dealing forts. Nations dedicate enormous efforts, resource and with the myriad topics of space physical sciences or hence are perhaps reticent to share hard earned gains. dedicated aerospace medicine specialists or a space Or perhaps, decades of experience in the endeavour systems architect dealing with space habitation etc. make them cognisant of the complexities and chal- Correspondingly, the audience would also need to rea- lenges inherent in the endeavour and consequently sonably knowledgeable, interested and familiar with they remain guarded in sharing data and information the subject. The point is, at present, little is known which may be incomplete, inconsistent and immature about the subject and hence assumptions and generali- at best for sharing with the public at large. Either way, sations abound amongst the lay public. The area is a not much information of scientific or academic value fertile breeding ground for fantasies and reality in the is available with the lay public. process is glossed over. But such general knowledge On the other hand, the lay public also doesn’t ap- of the issue would not suffice. This is particularly so, pear keen on such information. Googling “NASA Mars since the subject is not frivolous and deals with life and Mission” returns a measly 15.5 Million hits compared death. Fantasies should not be allowed to fog the banal to over 134 Million hits of “”.3 By contrast, realities, risks and dangers inherent in the venture. earthly issues like “food” and “movies” return over The reality is that space exploration is inherently a thousand million hits. Perhaps, the complexity of complex and costly (Table 1). Additionally, a year Table 1. The cost of exploring Mars.

2 2015 Space and Evolution No. 6 K.K. Nair 1991 US Government Office of Technology Assess- such activity. The US has reportedly spent over $ 9 ment (OTA) study estimated cost of one-way human Billion on Mars vehicles already and the FSU6/Russia Mars missions at $ 550 billion over a 35 year period, may also be assumed to have spent likewise. depending on capabilities desired and the exploration spent over $ 848 Million on a failed mission and gave schedule. It also emphasized that the need to support up while the ESA spent over $ 150 Million and slowed human life in the extremely harsh environment of down.7 More than fifty years of efforts and billions of Mars would drive the costs of human exploration to as Dollars appear to have yielded little apart from around much as 10 to 100 times the cost of robotic explora- three8 robotic contraptions on the surface of Mars. The tion.4 A more recent US report of the Congressional efforts have drawn substantially on national resources Budget Office (year 2011) stressed on the need to and tend to be perceived as a drain, especially when eliminate human space exploration altogether to con- no dramatic achievements are visible. Convincing tain rising costs.5 As a matter of fact, the 1991 OTA tax payers is a difficult exercise and consequently, report was prescient in highlighting the need to scale nations tend to advertise their advances and down- back ambitious plans or greatly extend the timescale play failures.9 The list of failures also inspires little for landing on Mars. Going by the approximation of confidence in the enterprise (Table 2).10 For instance, costs incurred till date, it is evident that nations have it is fairly well known that there have been up to 45 already spent billions on the endeavour, and no com- Mars attempts since 1958. What is less well known is mon agreement exists on the economic prudence of that almost half of them failed. In fact, until the year

Table 2. Mars success/failure rate.14

3 2015 Space and Evolution No. 6 K.K. Nair 2000, a failure rate of over 70% precluded any notion nothing ignites human imagination like interplanetary of success in the endeavour. The failures rates have travel and space adventures. Celestial bodies like the stabilised to around 50% since then due to a string of , , Mars, and etc. have always been an NASA successes. However, the Russian success rate essential feature of myths, poetry, romance and fan- continues to be dismal, the Japanese mission (No- tasy since ages. Consequently, any mention of the pos- zomi) after a five year sojourn went off target failing sibility of reaching out and colonising these heavenly to enter Mars orbit,11 China’s Yinghuo riding piggy bodies immediately brings forth to the average person back on the Russian -Grunt mission fell back grand romantic visions of pristine environs, virgin to earth burning up in the atmosphere,12 the European lands and abundant resources lying untouched since Beagle failed. The Indian mission (Mangaly- ages. Added to that is the popular image of the in- aan) bucked the trend and quite remarkably was a trepid explorer discovering new vistas to harvest and grand success in the first attempt. India’s success make fortunes. All of these cultural factors contribute notwithstanding, the fact exists that reaching Mars is significantly providing novel ideas, thoughts and vi- a hard and unforgiving endeavor, with little room for sions. They serve to promote fantasy, which, as such, error. More than two-thirds of the Mars missions have is boundless and is the fountainhead of all advances in been lost due to launch failures, component malfunc- science. On the flip side, they also foster a tendency tions, communication losses and other errors that sent to gloss over reality. However, the unbridled fantasy crashing into the surface or miss- of private parties is not shared by national space agen- ing the altogether. Going by the statistics, apart cies. They tend to remain rooted in reality. from India, no country has made it to Mars in the first try. These statistics, in the context of air, rail or road Why State Efforts Appear Slow, Costly and Demand- travel are unimaginable. They would inspire no con- ing fidence and no reasonable person would hazard travel Everything for a Mars mission ranging from by such means. Even the hardy adventurer would har- payments to trying, testing of equipment etc is under- bour second thoughts. taken on earth. The enterprise is nascent at best, tech- With regards to the lunar experience, Neil Arm- nologies are immature and the sceptre of failure has a strong’s “Small step for man” on the Moon’s surface looming presence. Hence, unlike private persons, state took place more than four decades ago on 20 July agencies normally do not have the luxury of unbridled 1969. No “Giant leap for mankind” followed over the fantasy driving their undertakings. They are constrict- next four decades. What followed in the new millen- ed by the earthly realities of the endeavour at every nium were controversies regarding the Moon land- stage. There exists no scope for mistakes. Crewed ing being a hoax and clarification, repudiation etc.13 landings and human space travel, habitation are inher- Controversy apart, humanity’s “giant leap” is today ently complex activities with considerable risks to conspicuous in its absence and a casual glance at the human lives. The associated responsibilities and li- lunar exploration timeline only serves to reinforce abilities of their enterprise fetter their flights of fancy. the above contention.14 As opposed to the colourful For any state, the safety and security of human beings fantasies, the banal reality is that there have been no is always a paramount consideration. Consequently, crewed landings on the Moon since the last Apollo national space agencies have protection of the health landing of 1972. The romantically named Chinese and safety of humans involved in or exposed to space space craft “Chang’e” (Moon goddess) is yet to land activities as their primary policy. This is evidenced in its Taikonauts on the Moon as also the Indian “Chan- ample measure in the stringent guidelines, procedures drayaan” (Moon Vehicle). and standards of state agencies. For instance, NASA Regardless of the dismal records on the lunar has an extensive set of safety standards and require- surface located much closer at 384,000kms away, hu- ments in NPD 8700.1E and NPR 8715.3 that serve as mans seek greater vistas farther away on Mars located a “general framework to structure more specific and well beyond 78,000,000 kms.15 The above should not detailed requirements”. The general frame work is appear strange since challenges and failure are not elaborate in itself and opens up to even more specific known to dampen human and seeking pastures and detailed documents like NPR 8705.216 that deals well beyond the Moon onto Mars is but part of the nat- with “Human Rating Requirements for Space Sys- ural progression of mankind. Danger and complexity tems” (Figure 1). has never deterred human spirit and the same applies The question as to what is so different in develop- in case of Mars. The attendant perils and complexities ing and certifying human space systems as compared perhaps make the idea more appealing to the general to robotic payloads is best answered by NASA’s NPR public. The general aura of fantasy around the subject 8705.2B: “A human-rated system accommodates hu- contributes in great measure to its appeal. Perhaps man needs, effectively utilizes human capabilities, 4 2015 Space and Evolution No. 6 K.K. Nair controls hazards with sufficient certainty to be con- standards to ensure the safety of human beings. Con- sidered safe for human operations, and provides, to sequently, national space agencies across the world the maximum extent practical, the capability to safely demand exacting standards for such missions. As in recover the crew from hazardous situations. Human- case of the US, Russia also has an elaborate set of rating consists of three fundamental tenets: (1) Hu- national human space flight standards contained in man-rating is the process of designing, evaluating, and a national level Gosudarstvennyi Standard Rossii assuring that the total system can safely conduct the (GOST-R) 50804-95 and Otraslevoi Standard (OST) required human missions. (2) Human-rating includes related to specific branches etc.18 The ESA also has the incorporation of design features and capabilities an elaborate set of human space flight safety stan- that accommodate human interaction with the system dards, as do China and India.19 The idiom, “the devil to enhance overall safety and mission success. (3) is in the detail” applies in full measure to the subject Human-rating includes the incorporation of design and consequently almost every related aspect is ad- features and capabilities to enable safe recovery of the dressed threadbare. Many things can go wrong, and crew from hazardous situations. Human-rating is an the smallest overlooked detail can result in disaster. integral part of all program activities throughout the In 1998, a miscalculation as a result of a mix up of life cycle of the system, including design and develop- metric and standard measurement units cost NASA its ment; test and verification; program management and $135 Million Mars Surveyor Climate Orbiter.20 Thus, control; flight readiness certification; mission opera- the need to address the details adds to make the at- tions; sustaining engineering; maintenance/upgrades; tendant processes time consuming and elaborate. It is and disposal”.17 little wonder then that the previously mentioned OTA Quite apparently, the difference between multi- study “Exploring the Moon and mars: Choices for the billion-dollar crawling robots and human beings is Nation” concluded that a human space programme well understood by national space agencies. They for Mars was too premature and risky gave only two fully comprehend that existing advances are nothing choices; “1) Make a detailed scientific investigation more than the first steps to discovering Mars rather of Mars, and 2) study human physiology in space to than habitating it. A variety of issues like the bio- reduce the uncertainties facing human exploration”.21 medical aspects, effects of interplanetary travel, etc The prevailing and proposed NASA missions demon- demand comprehension with some certainty before strate the adherence to the choices. All missions till putting humans to risk. They also demand stringent date have been limited to nothing more than an un- Figure 1. Human-Rating Certification Process.

5 2015 Space and Evolution No. 6 K.K. Nair derstanding of the environment. Progress beyond the tions, a more prosaic picture is evident when one looks first stage of investigating Mars is yet to be achieved. at the other factors like the atmospheric composition, Quite apparently, Mars habitation and settlement are the surface temperatures, the interplanetary distances clearly some time away. As of now, no new study is etc. To begin with, at present levels of technol- known to have overturned the findings of the OTA ogy, the interplanetary sojourn to Mars takes around study and the CBO recommendations on eliminating 270-300 days, far more than any conceivable road, rail the human space programme only serve to reinforce or air trip on earth. A suitable “launch window” opens this sombre reality that humans are quite some time every two years for a chemical rocket trip of the above from landing on Mars. duration. After three to four months, a return launch Apart from human space flight, nations have dedi- window opens that takes as much time to return. cated significant resources to space exploration and Cruising interplanetary distances appears formidable; yet little progress is evident. Success is mostly spo- landing and habitation are equally challenging in radic and evidenced after quite a few spells of failure. many more ways than one.22 The pace of progress is slow for all nations and this The field of Bio-Astronautics comprises of sev- common thread allows for an assumption that it is so, eral disciplines ranging from bio-research, bio-engi- not because state supported national space agencies neering, and bio-environmental effects and is devoted and their industry partners are lethargic, bureaucratic to study of the physiological and psychological as- or since “piles of paper” impede. It is simply because pects of space travel. The results of these studies are the endeavour is unearthly—it explores the unknown, revealing. For instance, it informs that depending on new opportunities and challenges are discovered in the duration of space flight, a variety of debilitating every attempt, and there exists little worthwhile ex- changes occur in the human body ranging from loss of perience to go by. The technological complications in muscle mass and strength up to 50%, bone deminer- the endeavour are huge and every field has its own set alisation, cardiac arrhythmias, kidney stones, cancer, and subset of intricacies and complications which are loss of immunity etc. Gravity is a serious issue at yet to be surmounted by humankind. Consequently, all stages of launch, cruise, landing and habitation. there exists little scope for nations to open up their and floating in zero gravity appears Mars endeavours to the general public or make public fun in movies and TV shows. In real life, they are commitments for Mars settlements or dilute standards painful and harmful to the body in many more ways for /space travel etc. The will, perhaps is not than one (Table 3). It needs to be borne in mind that lacking, the means apparently are. the human body has been shaped over thousands of What ostensibly encourages humans to seek new years by the gravitational pull of the earth. The sup- vistas on Mars is its similarity with Earth and the port structure of the skeletal system, the muscular consequent assumption that since some commonal- system, metabolism, blood pressure etc is for the near ity exists, the planet would automatically support term genetically unchangeable and deeply attuned to human habitation and exploitation of resources. For earth’s gravity. The aspect of what happens to these instance, it is well known that both Mars and Earth evolved systems when they are removed from earth’s have an almost equal period of revolution around gravity and placed into zero or one-third gravity over the axis. Mars takes nothing more than 24 hrs and long periods of time are yet to be fully understood.23 an additional 37 minutes to complete a revolution What, however is fully understood is the prospect around its axis. Similarly, while Earth takes 365 of returning from Mars at 50% of original size, days to orbit the sun, Mars takes 687 days. Thus, with kidney stones, reduced immunity and perhaps days are of equal length and years are almost double. cancer. Apart from the above issues related to bio- The Earth’s tilt at axis is around 23 degrees and astronautics are the challenges of space habitation. that of Mars is 25 degrees. Mars also has a gravity Space habitation architecture is an evolving field with roughly one-third of Earth and a thin atmosphere a variety of constraints, most of which are yet to be with a pressure 1% that of Earth. All of these factors fully understood since the , topog- inspire visions of habitation and exploitation. The raphy and environment is not yet fully understood. concept of human settlements on Mars is not shaped Quite understandably, national space agencies are by knowledge of the terrain or environment but by extremely cautious in putting human beings to risk. fantasies and assumptions of popular culture. The The joke may appear caustic, but, it may be surmised concept, in popular perception is nothing more than that the above is the reason some commercial firms a grand adventure demanding little apart from guts, propose only a one-way trip to Mars. The possibility grit and fancy space craft. of returning safe and sound is remote. In addition to Speculation based on assumption is rife. How- the physiological issues are a variety of psychological ever, divested of the associated romance and assump- and sociological issues. 6 2015 Space and Evolution No. 6 K.K. Nair Examining Claims of Mars Colonisation by Commer- Mars. Their reasons for doing so are many and varied. cial Agencies Going by their respective web sites, Mars One claims However, the average person is not likely to have to be a “not-for –profit” foundation aimed at taking the time, inclination or interest to familiarise himself humanity to Mars,24 Space X also declares likewise an with the above requirements of human space travel. ultimate goal of enabling people to live on other plan- To the general public national space agencies appear ets,25 lists up to seven reasons ranging restrained in sharing information, they are perceived from opportunities to plain adventure for the youth,26 to be slow, and also demand exacting standards to and yet others, like 4 Frontiers, claim that they focus qualify as space travellers or astronauts. Commer- on Mars settlements to exploit their economic poten- cial firms, contrarily promise fast results, much less tial27 and some like Richard Branson of Virgin Galac- efforts and no exacting standards or qualifications. tic clearly declare colonisation as their goal.28 Thus, This enhances their mass appeal. Consequently, the the declared aims vary from philanthropy to commer- claims of certain commercial firms of enabling Mars cial gain. However, the massive financial investments settlements by the next decade have captured public inherent in the endeavour preclude the possibility of imagination as never before. A huge list of aspirants charity. For instance, Mars One estimates the cost of has signed up for a “One-Way trip” to Mars offered by at $6 billion29 and plans to obtain companies like Mars One. They come from a variety funds by sponsorships, crowd funding, broadcasting, of backgrounds, nations and reflect the collective as- involving high net worth individuals etc. Its crowd pirations of vast cross sections of humanity. The idea funding venture has been able to garner nothing more of space travel and space settlements would always than $314,00030 and the other financial parameters are appeal to one and all and if state agencies are not open unknown and remain unclear. If an established state enough to share, publicize or make their efforts and supported agency like NASA boasting of yearly bud- limitations known to the general public or open up getary allocations ranging from $17–18 Billion with avenues to give vent to their aspirations, they would clear sub allocations for space exploration projects look elsewhere. Quite obviously, at present, commer- like Mars also falls short of funds for a ,31 cial agencies seek to fill this vacuum. then it would be too naïve to expect commercial firms There exist a variety of commercial firms that to undertake such ventures for purely philanthropic seek to colonise and provide human settlements on or esoteric reasons. Perhaps, the essential element

Table 3. Medical consequences of space flight to Mars.26

7 2015 Space and Evolution No. 6 K.K. Nair of colonisation alluded to by Virgin Galactic throws launch, space craft and subsystems, space robotics, some light on the possible motivations. The word operations, astrodynamics etc. This is in addition to “Colonisation” has a specific meaning in the above the specific areas of space physical sciences, space context. Instead of a vague pejorative portmanteau life sciences and also space social sciences etc which used to house a myriad of power relations, it refers are endemic to any such space exploration mission. to the creation of settlements for the commercial ag- The former was a prime player in space grandisement of the coloniser. As such colonialism is exploration with providing ample known to incorporate expansionist capitalism.32 The evidence of established competencies. Russia may motivation might be to make enormous profits from have space capabilities degraded in some areas; how- colonising Mars and thereby off-set costs. Or it might ever, it continues to have formidable capabilities for simply be aimed at exploiting gullibility to make fast space exploration as evidenced by the fact that NASA bucks, or to provide resources for experiments or even pays Russia $70 million a seat to send its astronauts make TV shows more entertaining. There could be a to the International Space Station.35 variety of reasons and as of now, the precise motiva- On the other hand, the Chinese and Indians are tions for the venture are unclear, however, it can be also known to have state sponsored Mars programmes safely assumed that commercial companies undertake with considerable budgetary and technological sup- ventures for gain and the case herein is no different. port. Interestingly, while nations with space compe- Regardless of the precise reasons motivating tencies established over decades are guarded in their commercial ventures, the concept attracts a lot of proclamations and actions related to Mars missions, attention and response. More than 200,000 people private commercial industry has no such inhibitions. from 140-odd countries applied for one-way tickets Regardless of the fact that most of these commercial to Mars from Holland’s Mars One television proj- Mars firms have been established in the last decade or ect. The producers then started a two-year selection so and do not possess any experience or expertise, or process seeking participants suitable for colonising indigenous technology, or requisite levels of funding, Mars and becoming reality TV stars. Initially, 1058 workforce, equipment, infrastructure, etc they surpris- participants were selected and following another ingly declare closer dates of landing and colonisation elimination round 705 potential settlers remain.33 than national agencies like NASA, CNSA, ISRO etc. As per Mars one officials, the largest number of The possibility of commercial players with no space applicants come from the US (37,852) followed by exploration experience and with much lesser resourc- China, , India, Russia, , the UK, , es being able to provide space settlements within time and the .34 Interestingly, the larg- frames far lower than established national space agen- est applicants are from the world’s leading space far- cies appears incredulous and extraordinary (Table 4). ing nation—the US. Apart from that China, Russia, Even more ludicrous is the explanation offered by India and are also known to be formidable some of these companies. Mars One, for instance, per- space faring nations pursuing their national space spicaciously explains; “Offering a likely reason why missions. Amongst these spacefaring nations, the government bodies are not really trying to organise US has undertaken a Moon landing and is known to missions like these, Ashima Dogra (spokesperson of have established competencies ranging across the MarsOne) says, “A joke often heard in the space sci- entire space spectrum of research, equipment, labo- ence community goes: When the piles of paper reach ratories, support infrastructure, as also a variety of the height of the rocket, you are ready to launch”. It sub agencies dedicated to the standard space areas of is a comment on the sheer number of parties involved Table 4. Timelines comparison.

8 2015 Space and Evolution No. 6 K.K. Nair in these processes. If humans go to Mars in the next rather than a select few fortune seekers. This is amply 20 years it will have to be a one-way trip and will also evidenced in the letter and spirit of the space . have to be a private mission”.38 The Joke is unknown, In fact, the Magna Carta on space, the “ on bereft of humour and in poor taste. It is judgmental Principles Governing the Activities of States in the and casts aspersions on the competencies and capabili- Exploration and Use of , including the ties of national space agencies as also the numerous Moon and other Celestial Bodies” or the Outer Space commercial firms and other parties involved in the de- Treaty of 1967 (OST-67) opens with a recognition of veloping the various systems and subsystems endemic the common interest of all mankind in the exploration to such complex endeavours. and use of outer space as also the basic belief that “the It is a well-known fact that space industries are exploration and use of outer space should be carried well integrated into national space efforts and part on for the benefit of all peoples irrespective of their and parcel of a nation’s success or failure in space. All degree of economic or scientific development”.40 The space activity is complex and inherently a multiparty above basic premises are further reiterated in Article-I endeavour with both state and the commercial industry of OST-67 with the opening statement; “the explora- working closely to make the effort a success. For in- tion and use of outer space, including the moon and stance, established aerospace giants like Boeing have other celestial bodies shall be carried out for the ben- a range of space capabilities and competencies that efit and in the interests of all countries irrespective of include making the X-37B Orbital Transfer Vehicle. their degree of economic or scientific development, is building the Multi-Purpose and shall be the province of all mankind”. Hence, it Crew Vehicle, NASA’s first spacecraft designed for is amply clear that the benefit envisaged from “the long-duration, human-rated . province of all mankind” is for all people and not a Likewise, Airbus also has competencies ranging from select few. Further, the non-appropriation principle the Automatic Transfer Vehicle to buses as laid down in Article-II of the also many more industries across the globe. A variety makes this explicitly clear by stating that “Outer of small and medium scale industries also provide space, including the moon and other celestial bodies, numerous components and parts that make a success is not subject to national appropriation by claim of of any space mission.39 In summation, all national , by means of use or occupation, or by any space effort is a mix of state and commercial industry. other means”.41 The term “appropriation” ordinarily Consequently, the joke or explanation is unsolicited, is known to mean “the act of taking something which astonishingly specious and makes no sense. belongs to somebody else”.42 It indicates an activity of removing something from its original place and The Legislative Complications in giving it to somebody else. The principle of “national Colonising Mars appropriation” needs to be perceived in the above context and when read in conjunction with Article-VI The completion dates of commercial entities ap- “States Parties to the Treaty shall bear international pear too ambitious. However, even if one accepts, for responsibility for national activities in outer space in- the sake of argument, that National Space Agencies cluding the Moon and other celestial bodies, whether lack the optimism, financing or technical acumen of such activities are carried on by government agencies commercial companies and that commercial compa- or non-governmental entities, and for assuring that nies possess all of the above and come up with some national activities are carried out in conformity with abstract ingenious thought, idea or technology that the provisions set forth in the present treaty. The ac- makes Mars Colonies possible in another six to ten tivities of non-governmental entities in outer space, years, there exist complications in other non-techno- including the Moon and other celestial bodies shall logical fields. The next significant set of complications require authorisation and continuing supervision by in the endeavour is related to the legislative aspects. the appropriate State Party to the Treaty. When activi- ties are carried on in outer space including the Moon The Conventional Interpretation Related to Appro- and other celestial bodies, by an international organ- priation in Space isation, responsibility for compliance with this treaty At a fundamental level, space is shall be borne both by the international organisation and not available for appropriation. Appropriation is and by the States Parties to the Treaty participating in closely linked to commercial gain and consequently such organization”, it becomes amply clear that states the concept of commercial gain is in conflict with have an affirmative obligation under the basic non-appropriation principles of . in proscribing appropriation of celestial resources. All The law dictates that celestial bodies and resources activity in outer space can only be a national activity thereupon are for the common good of all humankind authorised and continually supervised by the state re- 9 2015 Space and Evolution No. 6 K.K. Nair gardless of whether the activity is being undertaken by colonisation of Mars, the Moon or other celestial bod- state or non-state parties. Secondly, the final responsi- ies in terms of appropriation of resources is presently bility for space activity rests with the state. The state prohibited. consequently has a responsibility in ensuring non- Additionally, the general principle of common appropriation both by itself and also private parties. interest of mankind, the desire for international co- Since benefit from celestial bodies is for the common operation recognized in the preamble of OST and good of all and appropriation is explicitly prohibited, brought to the fore by provisions like using space it is amply clear that commercial aggrandisement is for “the benefit and in the interest of all countries”,44 prohibited and as a corollary colonisation as ordinarily as also the positive obligation of carrying on space understood and evidenced in past practice is prohib- exploration to promote international cooperation and ited. This is quite unlike commercial aggrandisement understanding (Art-III of OST) demand affirmative by observation , communication satellites etc action by all states to cooperate rather than appropri- that use the advantages of orbital locations to enable ate. Towards this end, para-3 of Art-I of the OST lays space activity. In this case, there exists no appro- down the positive obligation that states shall facilitate priation of an outer space resource, the resource is not and encourage international cooperation in scientific taken away and given to somebody. , investigation of outer space. The underlying theme is on the other hand, amounts to extraction and removal to promote international cooperation in the explora- of resources from its original place. Thus, the activity tion and use of outer space rather than appropriation, inherently surpasses mere usage and hence falls in the perhaps because it was then perceived by the law prohibited category. Use and appropriation are two drafters that cooperation rather than appropriation different aspects and Article-II clarifies that use does would keep conflict at bay and enable the gains of not amount to appropriation. space exploration to serve all humanity rather than a select few. The perceptions on cooperation continue The Unconventional Interpretation to be as, if not more important today than ever before. However, living or settling on and other On the other hand, the prudence of pumping in celestial bodies like the Moon or Mars would amount money with the object of colonising for commercial to nothing more than use of a celestial resource and gain is highly questionable. The venture is risky, hence is a legitimate activity. What the law proscribes legally complicated and potentially rewarding. Com- at present is appropriation; appropriation has poten- mercial firms comprehend the same leading to an tial for conflict and hence it may be surmised that increased clamour for clarification, modification of the law drafters proscribed appropriation primarily prevailing legislation to enable mining and such-like to ensure the continued use of outer space for peace- activity in outer space.45 As of now, the prohibitive ful uses. As a matter of fact, while appropriation is economic, technological costs as also the practical prohibited, human settlements sans flags are not just and physical complications of access, activity in outer permitted, they are actually promoted. The prevail- space and celestial bodies ensures that the contro- ing legislation, in letter and spirit actually promotes versy, if any is presently limited to a small section of nation-less settlements. The principle of space being humanity. However, the situation would not be the the province of all mankind seeks to apply the same. same in times to come as space becomes increasingly The concepts related to sovereignty as also the 17th accessible to one and all and technology reduces the century Westphalia concept of nation-states evolved costs. As the number of space faring nations rise, out of conflict to fulfil a variety of human needs. At the clamour for enabling commercial use of celestial present, there exists no human settlement in outer resources can only be expected to rise. A balanced space. There exists no state and hence there exists no resolution would have to be mulled upon in the pres- need to transplant such a concept on celestial bodies. ent because left unaddressed; the scope for complica- The very notion of a State has these essential compo- tions both on Earth as well as on a celestial body is nents: “(a) a permanent population, (b) a defined ter- enormous. Humanity, in its hunger for resources on ritory, (c) government, and (d) capacity to enter into earth is strongly divided, and has witnessed conflict relations with other States” (Montevideo Convention and war on numerous occasions. The possibility of on Rights and Duties of States of 1933, Article 1).43 the same conflicts moving to the celestial bodies is not None of these basic components exist in outer space. remote at all. It would be reasonable to assume that, Humanity can start afresh. Conflict can be avoided a certain section of humanity would prefer a moder- right from the beginning and hence the need to trans- ate rather than a rigid interpretation of appropriation plant such concepts of national self-determination on and another section can be expected to advocate the a celestial body does not exist. Thus, while human opposite. Either way, the issue is ripe and needs to be settlements in outer space are perfectly legitimate, opened for discussion and debate amongst all people 10 2015 Space and Evolution No. 6 K.K. Nair on earth. It would be essential to possess an institu- Unlike in the 1970s when the Liability Conven- tionalised forum that collates the disparate aspirations tion was drafted with the US and FSU as the prime as also reservations of people across the globe on the players and a few fringe interested parties, space capa- subject as part of the overall process of arriving at a bilities are now more prolific and common-place. As balanced resolution. Such an institution would also on year 2013, fifty-seven47 countries own and operate enable concentration of effort and resource unlike the at least one satellite, up to 9 nations have launch ca- present disparate and wasteful efforts undertaken by pabilities and space services touch almost everybody various state and non-state agencies. on Earth in some way or the other. The scope of li- ability has now expanded and liability would accrue The Liability Issues in a variety of ways and to variety of players. Quite Apart from resources is the aspect of liabilities. clearly, the present Liability Convention would not A variety of issues exists herein. In the specific con- suffice to cover the vast variety of issues possible. text of a Mars adventure, the adventurer seeks his The present liability regime is limited to liability due own pleasure and profit at his peril. The tourist or the damage caused by space objects. Liability on account adventurer in no way is an and hence not of activity undertaken by the crew and passengers are an “Envoy of all Mankind in Outer Space”. Thus, the not covered. Neither is their liability covered nor are legal privileges that automatically accrue to Astro- innocent third parties covered for damages on account nauts under the Astronaut Agreement would not apply of the acts or omissions thereof of space adventurers. in this case. On the contrary, the question that arises The scope of liabilities needs to be expanded to cover is—would it be justified for the balance of humanity the vast variety of complications inherent to planetary on Earth to bear the costs of the adventure in case of exploration and human settlements on celestial bod- a catastrophic event like biological contamination on ies. For instance, it is an established fact that human re-entry? Also, in case of contamination of the Mar- immunity would be low on Mars. Hence, the pos- tian surface by Earth borne substances, would respon- sibility of space adventurers’ being afflicted by alien sibility automatically devolve on the rest of humanity strains of virus or other malignant living forms is not that is in no way involved? The law, at this point, is remote. If infectious, it could spread to innocent third ambiguous to a certain extent and no clear legal prec- parties. Leave alone liability, as of now even the com- edent exists to help clarify issues. mon place obligation of reasonable care on the part of Art-VI of the OST in general outlines the prin- the adventurers is absent and hence there exist neither ciples of liability and specifically outlines the regula- responsibility nor liability. The costs of the adventure tory responsibility for space activity as lying with the would be quite high and would affect all humanity. state for both state and non-state actions. Liability Consequently, it would be essential to put in reason- is specifically treated by Art-VII of the OST which able efforts to obtain the drift of opinion of most of declares that the state which launches or procures the humanity prior to embarking on an adventure that af- launch and from whose territory or facility the object fects the entire globe. is launched is internationally liable for damage to another state or to its natural or juridical persons. Art- The Environmental Issues VII of the OST ties into the 1972 Liability Conven- Apart from liability is the important issue of the tion or “UN Convention on International Liability for impact of pollution by interplanetary activity both Damage Caused by Space Objects (1972)” that assigns on Earth and on celestial bodies. The terms forward “absolute liability” (Art-II) to the launching state for and back contamination are understood to mean the both state and non-state activities, if damage is caused carrying forward of organisms from earth to space by a state’s space object on the surface of the Earth or and bringing back organisms from space to earth. The to aircraft in flight and fault based liability if the dam- example of biological contamination cited above is in age is caused elsewhere (Art-III). Quite clearly, the the narrow context of infections. Many more forms of focus of the existing legislation is on covering dam- contamination, pollution on Earth and celestial bod- ages on earth and not on celestial bodies. With regards ies are possible, the consequences of which are not to legal precedents, the only case with the potential of fully understood at present. The eco-systems of Earth raising a liability claim was the Cosmos-954 settle- and celestial bodies like Mars are different and when ment,46 where a satellite of the Former Soviet union interplanetary exploration enables inter-mingling of (FSU) disintegrated over Canada in 1978. However, these diverse ecologies, complications can be can be the case was resolved through settlement without expected to arise. Opportunities would also arise and invoking the need for dispute resolution mechanism it would be essential to prepare for both. With regards given in Art-XIV-XX of the Liability Convention and to the legislative envelope, the environmental impact hence is not of much help. of inter planetary ventures is covered in general terms 11 2015 Space and Evolution No. 6 K.K. Nair by Agenda-2148 of the 1992 Confer- the Moon Agreement.53 Of these 15 states, none have ence on Environment and Development (UNCED). the full complement of space capabilities including in- In the specific context of outer space, environmental digenous launch, satellite manufacture, orbital control issues are covered under Art-IX of the OST and Art- and ground support systems. The point is, the Moon VII of the Moon Agreement. Art-IX states; “In the Agreement is woefully undersubscribed and hence is exploration and use of outer space, including the moon not of much use in addressing the environmental con- and other celestial bodies…States Parties to the Treaty cerns of outer space. shall pursue studies of outer space, including the moon As observed earlier, the first small step of man and other celestial bodies, and conduct exploration of was placed on the Moon in circa 1969 and no giant them so as to avoid their harmful contamination and leap has followed in the four decades ever since. Mars also adverse changes in the environment of the Earth is much farther and more complex and hence human- resulting from the introduction of extraterrestrial mat- ity’s first step on Mars can be expected to be some ter, and where necessary, shall adopt appropriate mea- time away. In the meanwhile, it would be essential to sures for this purpose…”.49 The overall spirit of law open up the topic for debate, discussion, regulation is clear herein in that it aims to regulate and contain and cooperation in the interests of all humanity. The the possibility of environmental pollution in space. problems envisaged in Mars settlement are presently However, the letters are wanting in that while Art-IX limited by humankind’s knowledge of interplanetary opens up stating “In the exploration and use …”, the travel as also celestial bodies. As technology brings text altogether misses out use and makes specific men- us closer to Mars, the scope of opportunities and chal- tion only of the activity related to “pursue studies” lenges in the endeavour would proportionately rise and “conduct exploration”, thus opening the doors to and hence it would be essential to have a dynamic ambiguity and controversy. As Ricky Lee points out; institution in place that collates and uses humankind’s “the avoidance of harmful contamination is an obliga- knowledge to anticipate and comprehensively regulate tion restricted to the study and exploration of outer affairs in the common interest of all humanity. The space and not to the use of outer space”.50 Secondly, institution would also serve to foster international co- many of the provisions’ terms are undefined and hence operation thereby consolidating and concentrating the ambiguous, as in case of “harmful contamination”, prevailing individualistic efforts by states in planetary “extraterrestrial matter” or “adverse changes”. Also, exploration and human settlements in space. discretion is granted to states by wording like “adopt appropriate measures” to prevent contamination Regulating Affairs: Space Governance to “where necessary”.51 In addition to Art-IX of OST, Consolidate Energies and Avoid Conflict environmental concerns are also covered under Art-1 and Art-7 of the Moon Agreement. Firstly, Art-1 of the In a world populated by over 7.17 Billion, at least Moon Agreement brings all celestial bodies within its 200,000 can be expected to accept the rationale that ambit by stating that; “The provisions of this agree- state space agencies are incompetent and hence risk- ment relating to the moon shall also apply to other ing one’s life for a one way ticket to Mars is the best celestial bodies within the ”. Secondly, bet to reach there. An equal number may not accept Art-7 specifically addresses environmental issues by such rationale, but may be motivated by the promise stating “In exploring and using the moon, States Par- of fortunes endemic in such endeavours. Many more ties shall take measures to prevent the disruption of would have their normal judgement, reason clouded the existing balance of its environment whether by by a variety of impulses. There would be a variety of introducing adverse changes in that environment, by factors ranging from cultural conditioning to igno- its harmful contamination through the introduction of rance that promote an immediate acceptance of such extra-environmental matter or otherwise. States Par- rationale. Amongst these, gullibility certainly would ties shall take measures to avoid harmfully affecting be an important though not the prime factor. Attribut- the environment of the earth through the introduction ing the blame on gullibility and human failings is the of extra-terrestrial matter or otherwise”. Thus,52 Art-7 easier recourse. However, the list of volunteers is vast covers the issues related to forward and back-contami- and diverse. It also includes professionals and well nation and also imposes a positive obligation on states educated individuals who are normally less suscep- by declaring that “States Parties shall take measures to tible to gullibility. Consequently, it would be safe to prevent the disruption of the existing balance” unlike assume that a myriad combination of factors go into the discretionary obligation contained in Art-IX of the promoting such beliefs. OST. However, the problem here is that out of the 195 Amongst the many factors promoting this belief nation-states of the world, as of January 2014, while in the feasibility of much faster, cheaper and easier 103 states have ratified the OST, only 15 have ratified space settlements is a lack of real knowledge on the 12 2015 Space and Evolution No. 6 K.K. Nair subject, cynicism regarding governmental efforts is duplication of efforts by nations and the attendant and most significantly the heady concoction of hu- wastage of precious national resources. Most new en- man imagination and popular literature. Little can be trants in the interplanetary race are busy re-inventing done about the latter, but the first two issues can be the wheel and attempting to “fly-by” Mars. Resources addressed to a certain extent by increased interaction of nations across the world could certainly be put to amongst governments and private parties. The fact better use by consolidating efforts under a singular that the general public turns to commercial providers governing agency. rather than their national space agencies indicates to In legislative terms, space is the common heritage an obvious disconnect between state endeavours and of all mankind and it makes eminent sense to pool aspirations of private parties. The disconnect is further in resources for a common cause that would tomor- evidenced in the fact that the largest number of Mars row affect all of humanity. Secondly, the non-appro- applicants are from the world’s leading space faring priation principle in Article-II of the Outer Space nation—the US, followed by citizens from other prime Treaty-1967 to a certain extent limits the potential for space players like Russia, China, Europe, India, etc. conflict over celestial resources. By any means, the Thus, there exists a requirement to take cogni- conflict could begin only after human landings and sance of aspirations and balance them with the inher- habitation that is some time away. However, the time ent complications, to temper fantasy with reality and to nip the possibility of mankind fighting over Mars streamline efforts to attain aspirations. There exists an or carrying forward the conflict to Mars is right now. apparent groundswell of human will, resolve and aspi- The need to comprehensively address the multitude of ration. It makes better sense to harness these energies issues, existing and potential is most critical at pres- and resources rather than quell them with complexities ent. Putting a space governance system in place in the and challenges. Dismissing the aspirations on grounds present when the endeavour is yet immature and the of gullibility would be the easier, though not prudent opportunities rife would be a much better option than recourse. Amongst the plethora of fantasies and imagi- attempting to react to crises. nation would lie that one odd extraordinary thought of An institutionalised structure does exist in the a “Clarke’s Orbit” that makes geostationary satellite form of the United Nations Office of Outer Space Af- communications a reality. The development of human fairs (UNOOSA) which is responsible for promoting race over the ages has been attributed in a larger mea- international cooperation in the peaceful uses of outer sure to hope, imagination and abstract thinking. Com- space. However, it is not known to impact space ex- mercial firms have now ignited the above three aspects ploration activities significantly. At any rate, it is not as never before. Taking the idea beyond state closets known to have any great success in leading nations to onto the general public has led to an influx of thoughts cooperate and pool resources for space exploration. and ideas dedicated on the subject. These would only This perhaps leads to the formation of other institutes rise in the foreseeable future. like the International Space Exploration Coordination Harnessing the disparate thoughts from across the Group (ISECG)54 comprising of fourteen national world is an eminently better option than dismissing space agencies that aims to coordinate national ef- them and hence it makes sense to provide an institu- forts and resources for space exploration. However, tional mechanism for including and developing them. the group is restricted to national space agencies and The existing situation calls for increased state inter- individuals, commercial firms do not qualify for mem- vention, involvement and intermingling of the state, bership. Thus, a huge chunk of humanity is again left organisations involved and individuals interested. out. Such actions need not be confined to states and their respective citizens but could gradually expand to com- Drawing on International Law for bine existing multinational disparate endeavours into Institutionalised Governance a single cooperative effort. A single cooperative effort coinciding with the The need to reconcile the hazards, hype and hope 50th anniversary of Moon landing makes eminent associated with landing humans on Mars is now criti- sense, in the present. This is especially so since Neil cal as never before. Space is the common heritage of Armstrong’s famous “small step for man’ on the mankind open to all for peaceful use and exploration Moon’s surface is yet to be converted into a “giant regardless of entities being space faring or non-faring leap for mankind”. As opposed to the colourful fanta- nations, governmental, non-governmental, commer- sies, the banal reality is that there have been no crewed cial or individuals. Leaving aspirations of the mass landings on the Moon since the last Apollo landing of of humanity unaddressed draws in the complications 1972. Isolated efforts by nations have their limitations of deprivation and unhealthy competition that later and are demonstratively manifest. Equally manifest snowball into conflict. The conflict on earth could spill 13 2015 Space and Evolution No. 6 K.K. Nair over onto Mars. The need to prevent conflict in the conflict prevention, etc some of which are already future demands action in the present. being undertaken by the UN in some manner or other. It is well known that Sputnik went up in 1957. It would, at least provide a common platform for pro- What is less known is that the underlying theme in gressing the endeavour. space exploration and use has always been interna- One of the options for governance would be tional cooperation, peaceful use and the common in- considering an expansion of the existing United Na- terest of mankind. A fact reflected the very next year in tions Office of Outer Space Affairs (UNOOSA) to UN Resolution 1348 (XIII), 18 December 1958. The additionally deal with the specific issue of space ex- concerns on opening up of outer space then are quite ploration. The UNOOSA as of now has two sections; similar to those on opening up of planetary explora- the Space Applications Section (SAS) that deals tion today. To allay the concerns and use the opportu- with satellites for navigation, disaster management, nities presented by the opening up of outer space, the communication etc and the Committee Services and UN Committee on Peaceful Uses of Outer Space was Research Section (CSRS) that deals with secretariat established in 1959. The year 1961 witnessed Resolu- services and research. Amongst these, the SAS be- tion 172155 that laid down two fundamental principles came increasingly involved in satellites “due to the for states that guided the exploration and use of outer shift in emphasis from scientific exploration”. Now space, namely: that international law including the that scientific exploration is back in the forefront charter of the UN, applies to outer space and celestial and likely to stay there, it may be prudent to create bodies are free for exploration and use by all states in a third section dedicated to space exploration. Once conformity with international law and are not subject a common platform for dealing with the issue is cre- to national appropriation. These principles formed the ated, incremental progressions could continue over basic elements of the Declaration of Legal Principles a period of time. On the other hand, an entirely new Governing the Activities of States in the exploration institutional apparatus could also be conceived that and use of outer space in 1963 and the Outer Space is aimed at addressing the issue comprehensively. Treaty of 1967. The above historical perspective is es- Many other kinds of institutional arrangements could sential to highlight the fact that as humanity has now also be thought over. Either way, the time is now ripe gone beyond opening up outer space; it is using Earth for humanity to take a collective decision to take orbit well wherein issues are well regulated. As it goes the small step of creating an institution that begins beyond Earth orbit onto the and other addressing the issue in a dedicated manner. Such an celestial bodies, it is time for the legislation to evolve institution may not resolve the plethora of problems accordingly to regulate affairs. The pith and substance inherent to the endeavour, but would at least provide of International law that applied on the opening up of a common platform to consolidate the energies, re- outer space now applies to planetary exploration and sources and ideas of the world as also give vent to the human settlements on space since the vistas there are concerns or reservations. A small step at reconcilia- now opening up. tion and coordination today may enable mankind’s The most obvious action would be to obtain an giant leap to Mars tomorrow. institutionalised governance structure under the aegis of international law which is aimed at addressing the * Wing Commander Kiran Krishnan Nair is the Joint Director issue comprehensively. Creating an institutionalised Ops (Space) at Air HQs, New Delhi. He has been presently structure that can accommodate the varying demands posted to work with the Centre for Airpower Studies, New Delhi and aspirations of nations, commercial organisations on issues related to space security. Academically, he is a BSc (Physics), MSc (Geo-Informatics), as also an LL.B and PG in and individuals would be a challenge by itself. Hence, Air and Space Law from the WB National University of Juridi- the more prudent recourse would be to draw on ex- cal Sciences. He has been on various space related projects and isting institutionalised international structures like commissions of the Government of India. The views expressed the UN. As of now, the UN as per Article-1 (IV) of herein are entirely in his personal capacity. the UN charter is duty bound to be the central body for harmonizing actions of nations to attain common Endnotes ends. On the other hand is the aspect that 193 UN 1 member nations of the total 195 nations of the world, For details on timelines, ref site of NASA at http://nssdc. gsfc.nasa.gov/planetary/chronology_mars.html. by consent, agree to be bound by UN decisions. Con- 2 sequently, the prudent recourse would be to expand This is particularly true of non-American efforts. 3 Returns as accessed on 14 July 2014. existing organisations of the UN to enable governance 4 Ref US Congress, Office of Technology Assessment, Ex- of space exploration activities and comprehensively ploring the Moon and Mars: choices for the Nation”, OTA- address related issues. Governance would include ISC-502, DC: US Government Printing Office, all the related aspects of coordination, cooperation, July 1991, Chapter 1, pp. 5–6. 14 2015 Space and Evolution No. 6 K.K. Nair 5 Ref Congressional Budget Office, “Discretionary Spend- Humans on Mars”, European Institute, Per- ing-Option 11: Eliminate Human Space Exploration pro- spective-70, October 2014. grams”, Congressional Budget Office Report, 13 Nov 2013. 23 For a brief overview, see Lt Col Curtis D. Cochran, Lt 6 Former Soviet Union. Col Dennis M. Gorman, Maj Joseph D. Dumoulin, “Space 7 Figures are approximations sourced from NASA and press handbook”, Chapter 11, Air University Press, Alabama reports. For details, ref Appendix-B. 1985 and Susanne Churchill, “Introduction to Human Space 8 Ref site of NASA, present missions to Mars, at http://www. Life Sciences”, Chapter 18.2, Part IV, Space Sciences in A. .gov/mission_pages/mars/missions/. Houston & M.Rycroft, “Keys to Space: An Interdisciplinary 9 There exists a lot of perspicacious cynicism associated approach to Space Studies”, International Space University with expenditures on Mars exploration, e.g., Keith Cow- Publication, New York, NY, 1999. ing, “NASA has a Problem Calculating and admitting what 24 Ref website of Mars One, “About Mars One”. at http:// Space Missions really cost”, Space Ref, 03 June 2005 and www.mars-one.com/about-mars-one, accessed on 20 Jun Thom Patterson, “: Is all this really necessary?” 2014. CNN, 07 Aug 2012. 25 Ref website of Space X, “Company/Space X”. Available 10 Figures sourced from NASA Mars Timelines at http://nssdc. at http://www.spacex.com/about accessed on 20 Jun 2014. gsfc.nasa.gov/planetary/chronology_mars.html accessed on 07 26 Ref website of Mars Society, FAQ at http://www.marsso- July 2014. ciety.org/home/about/founding-declaration, accessed on 20 11 Ref Govert Schilling , “Japan’s Lost Hope”, Science Mag, Jun 2014. 17 Nov 2003, and NBC News, “Japan abandons its Mars 27 Ref website of 4frontiers at http://www.4frontierscorp. Probe”, 12 Sep 2003. com, accessed on 20 Jun 2014. 12 Ref David Cyranoski, “China forges ahead in space de- 28 Ref Press reporter, “Branson: I’ll fly Colonists to Mars spite Yinghuo-1 setback”, Scientific American, 15 Nov 2011 within ten years”, The Daily Mail, . 01 Apr 2008. & Morris Jones, “Yinghuo was worth it”. Space Daily 17 29 Ref FAQ “How Much Does the Mission Cost”. Avail- Nov 2011. able at site of Mars One, at http://www.mars-one.com/faq/ 13 For details on reports of the hoax landing and its denial, finance-and-feasibility/how-much-does-the-mission-cost repudiation etc., see Robert A Braeuing, “Did we Land on and Nithya Sridharan, “How Dutch firm Mars One aims to the Moon? A Debunking of the Moon Hoax Theory”, Rocket raise funds for a trip to Mars” Business Today, 15 May 2013 and at http://www.braeunig.us/space/ at http://businesstoday.intoday.in/story/how-mars-one- hoax.htm, accessed on 24 Jun 2014. aims-to-raise-funds-for-its-trip/1/194948.html, accessed on 14 For Lunar Exploration Timeline, ref site of NASA at 20 Jun 2014. http://nssdc.gsfc.nasa.gov/planetary/lunar/lunartimeline. 30 Ref statistics on crowd funding site IndieGOGO avail- html, accessed on 25 Jun 2014. able at https://www.indiegogo.com/projects/mars-one-first- 15 Figures sourced from NASA education site at http://www. private-mars-mission-in-2018 nasa.gov/audience/foreducators/k-4/features/F_Earth_ 31 Ref “NASA FY 2015 Budget Estimates” at site of NASA, Moon_Mars_Balloons_Student_Pages.html, accessed on 22 www.nasa.gov/news/budget, and Dan Leone, “Nasa’s $ 17.5 Jun 2014. Billion Budget Request for 2015 would fund new Science 16 Ref NASA, “Human-rating Requirements for Space Mission, Ground flying telescope” Space News, 04 Mar Systems”, NPR 8705.2B dated 06 May 2008 at http:// 2014. nodis3.gsfc.nasa.gov/displayDir.cfm?Internal_ID=N_ 32 For a detailed discussion on relation of colonisation and PR_8705_002B_&page_name=Chapter1 accessed on 07 Jul capitalism with regards to Mars, ref Christy Collis and Phil 2014. Graham, “Political Geographies of Mars: A History of Mar- 17 See NASA, NODIS Library, NASA Procedural Require- tian Management”, Management & Organisational History, ments 8705.2B, Chap-1 , Para 1.2 at site of NASA http:// Sage Publications 2009, pp. 247-261. nodis3.gsfc.nasa.gov/displayDir.cfm?Internal_ID=N_ 33 Ref site of Mars One, “705 Potential Mars Settlers Remain PR_8705_002B_&page_name=Chapter1 in Mars One’s Astronaut Selection Process”, Mars One 18 For details, see, Olga Zhdanovich, “Russian National News, Amersfort, The , 5 Mar 2014 at http:// Space Safety Standards and Related Laws”, Chapter 5, pp. www.mars-one.com/news/press-releases/705-potential- 74-77 of Joseph N Pelton, Ram S Jakhu “Space Safety Regu- mars-settlers-remain-in-mars-ones-astronaut-selection- lations and Standards”. Elsevier, Burlington, 2010. process. 19 Ref Joseph N. Pelton, Ram S. Jakhu “Space Safety Regu- 34 See Clara Moskowitz, “One Way Mars trip: Application lations and Standards”. Elsevier, Burlington, 2010 deadline for Martian Colony Nears”, Space.Com, Aug 26, 20 Ref Robert Lee Hotz, “Mars Probe lost due to Simple 2013. Math Error”, Los Angeles Times, 01 Oct 1999 & official 35 Ref Marina Koren, “Is it Time for the US to Partner with website of NASA Mars Climate Observer at http://mars.jpl. China in Space?” Defense One April 09, 2014. nasa.gov/msp98/orbiter/. 36 Completion dates are as declared on websites of respec- 21 Ref US Congress, Office of Technology Assessment, “Ex- tive companies. ploring the Moon and Mars: choices for the Nation”, OTA- 37 Ref site of NASA and statement of NASA Administrator ISC-502, Washington DC: US Government Printing Office, in Charles Bolden, “Why did we choose to go to Mars? Be- July 1991, Chapter 2, pp. 18. cause it is hard”, Orlando Sentinel, 05 Aug 2012. 22 For details, see Kiran Krishnan Nair, “Space Governance 38 See remarks of Ashima Dogra, spokesperson, Mars One Options for Reconciling the Hazards, Hype, and Hope of in Nithya Sridharan, “How Dutch firm Mars One aims to 15 2015 Space and Evolution No. 6 K.K. Nair raise funds for a trip to Mars” Business Today, 15 May 2013 Space” at http://www.unoosa.org/oosa/en/SpaceLaw/treat- at http://businesstoday.intoday.in/story/how-mars-one-aims- ystatus/index.html, accessed on 25 Feb 2015. to-raise-funds-for-its-trip/1/194948.html, accessed on 20 54 For details, see site of ISECG at www.globalspaceex- Jun 2014. ploration.org accessed on 28 Feb 2015. 39 For details on participation by with state 55 Res. 1721 (XVI), 20 December 1961. efforts, see Report of Federal Aviation Administration, “The Annual Compendium of Commercial Space Transportation 2013” Feb 2014 at https://www.faa.gov/about/office_org/ headquarters_offices/ast/reports_studies/year_review/ and Tauri Report on “State of the Satellite Industry” Sep 2014 at http://www.space.taurigroup.com/ accessed on 26 Feb 15. 40 Ref “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies” or Outer Space Trea- ty-67 at site of UN Office of Outer Space Affairs available at http://www.unoosa.org/oosa/SpaceLaw/outerspt.html, ac- cessed on 18 Feb. 15. 41 Outer Space Treaty, Op.Cit., emphasis added. 42 Ref “Oxford Advanced Learners Dictionary”, Oxford Uni- versity Press, Oxford, UK. 2005. 43 For details, see UiO: The Faculty of Law, “Montevideo Convention on the Rights and Duties of States”at site of UiO http://www.jus.uio.no/english/services/library/trea- ties/01/1-02/rights-duties-states.xml, accessed on 22 Feb 2015. 44 Ref Art-1 OST-67. 45 Ref Charles Statler, “The Asteroid Act & Hearing: Some Observations on International Obligations” The Space Review, 22 Sep 2014 at http://www.thespacereview.com/ article/2604/1 and Natalie Wolchover, “Does Asteroid Min- ing Violate Space Law”, Live Science, 23 Apr 2012 at http:// www.livescience.com/33864-asteroid-mining-space-law. html, accessed on 19 Feb 15. 46 Ref Eilene Galloway, “Nuclear Powered satellites: The USSR Cosmos 954 and the Canadian Claim”, Akron Law Review at https://www.uakron.edu/…/4acf6020-02f6-4cd8- aa19-416a0303ad10.pdf, accessed on 23 Feb 2015. 47 Ref foreword by Kazuto Suzuki, World Economic Forum Annual Meeting 2014, “Bringing Space Down to Earth” World Economic Forum report Jan 2014 at www.weforum. org/reports/bringing-space-down-earth, accessed on 31 Jan 2015. 48 Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments, and Major Groups in every area in which human impacts on the environment. 49 Ref Outer Space Treaty, Op.Cit. Emphasis added. 50 Ref Ricky Lee, “Law and Regulation of Commercial Min- ing of Minerals in Outer Space”, Springer, New York, NY. 2012. pp. 283-284. 51 For details, see Tina Hlimi, “The Next Frontier: An Over- view of the Legal and Environmental Implications of Near- Earth ”, in Annals of Air and Space Law, McGill University Publications, Montreal Volume XXXIX, 2014. 52 Ref United Nations Office of Outer Space Affairs, “Agree- ment Governing the Activities of States on the Moon and Other Celestial Bodies”, at http://www.unoosa.org/oosa/ SpaceLaw/moon.html. 53 Ref United Nations Office of Outer Space Affairs, “Status of International Agreements Relating to Activities in Outer 16