DOCSLIB.ORG

Article Outer Space and the Multilateral Treaty- Making Process by Gennady M

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Article Outer Space and the Multilateral Treaty- Making Process by Gennady M ARTICLE OUTER SPACE AND THE MULTILATERAL TREATY- MAKING PROCESS BY GENNADY M. DANILENKO t Table of Contents I. IN TRO D U C TIO N ...................................................................................... 217 II. THE CONTINUOUS NEED FOR SPACE LA W -M A KIN G .............................................................................................. 218 III. THE SEARCH FOR GENUINE CONSENSUS ............... 223 IV. TOWARDS MORE REALISTIC SPACE LAW-MAKING ............... 229 V. ANTICIPATORY REGULATION ......................................................... 232 VI. PROLIFERATION OF NEGOTIATING FORUMS .......................... 236 VII. FRAGMENTATION OF THE LEGAL REGIME ............................. 241 VIII. A COMPREHENSIVE CONVENTION? ........................................ 244 IX. C ON C LU SIO N ........................................................................................ 247 I. INTRODUCTION Among the different branches of modem international law, the law of outer space most vividly illustrates the problems inherent to mul- tilateral treaty-making. From the beginning of the space age, deliberate efforts to create a coherent body of law for outer space and space activi- ties were undertaken at the United Nations. Within this framework, the conclusion of multilateral treaties has become the principal means of enacting pertinent legal rules. At one time, states participating in the © 1990 Gennady M. Danilenko t Visiting Professor, Boalt Hall School of Law, University of California at Berkeley, U.S.A. Doctor of Law, Senior Research Fellow at the Institute of State and Law, Academy of Sciences, Moscow, USSR. This article is an expanded version of a paper published in 5 SPACE PoLIcY 321-29 (1989). It is printed here with the kind permission of the original publisher. The author would like to express his appreciation to the edi- tors of the High Technology Law Journal: Maureen Domey, Jennelle Hall, Robert Benson and Helen Shin, for their constructive advice and many helpful suggestions. 218 HIGH TECHNOLOGY LAW JOURNAL Vol. 4:217 multilateral treaty-making process were able to reach agreement on a number of treaties establishing basic principles for this particular branch of international law. However, subsequent multilateral negotiations aimed at resolving the more specific legal issues posed by rapidly developing space activities have failed to produce satisfactory results. While the need for adequate space law-making is as urgent as ever, the international community has discovered that it is far more difficult to reach consensus on new legal rules today. In view of the noticeable slowdown in the law-making process, the time has come for a reassessment of the existing legislative techniques. Given the global character and the importance of outer space activities, which affect the interests of the entire international community, we must make a serious effort to formulate proposals aimed at improving the law-making process for outer space. Against the background of the re- cent general review of the multilateral treaty-making process, undertaken under the aegis of the United Nations,1 this article raises some of the is- sues in the ongoing debate about the most suitable and effective tech- niques for law-making concerning space and space activities. This article examines past experience in space treaty-making and clarifies the need for continuous law-making on the global level. It then discusses the process and prospects of the consensus law-making tech- niques traditionally used in this particular area of law. This article then proposes a new approach to consensus law-making based on the notion of qualitative participation. Next, this article discusses problems posed by he continued insistence on anticipatory law-making, the proliferation of negotiating forums and the increasing fragmentation of the legal re- gime applicable to outer space. It explores the need and prospects for a proposed comprehensive space convention. Finally, this article con- cludes by formulating the future prospects of space law-making. II. THE CONTINUOUS NEED FOR SPACE LAW-MAKING For a certain period, which may be described as the "golden age" of space law-making, rapidly developing space activities were accom- panied by the adoption of a number of general multilateral treaties which deal exclusively with outer space and space activities. The first multilateral space convention, the 1967 Outer Space Treaty,2 establishes a basic framework for the international legal regime in outer space. The 1. See REVIEW OF THE MULTILATERAL TREATY-MAKING PROCESS, U.N. Doc. ST/LEG/SER.B/21, U.N. Sales No. E/F.83.V.8 (1985). 2. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, Jan. 27, 1967, 18 U.S.T. 2410, T.I.A.S. No. 6347, 610 U.N.T.S. 205 [hereinafter Outer Space Treaty]. 1990 OUTER SPACE TREATY-MAKING PROCESS 219 treaty declares that the exploration and use of outer space should be car- ried out for the benefit and in the interest of all countries and "shall be the province of mankind." 3 It provides that outer space, including the moon and other celestial bodies, should be free for exploration and use by all states4 and that outer space is not subject to national appropria- tion.5 The treaty prohibits the placement of nuclear weapons, or any other kinds of weapons of mass destruction, in outer space and declares that the moon and other celestial bodies shall be used "exclusively for peaceful purposes." 6 The treaty contains provisions on the rescue and 7 responsibility for national return of astronauts. States bear international 9 activities in outer space, 8 as well as international liability for damage. According to the treaty, states conducting activities in outer space should inform the United Nations and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, loca- tions and results of such activities. 10 The treaty has been ratified by 91 11 countries. The Outer Space Treaty provides the basis for all subsequent treaties and other legal instruments relating to space activities. The 1968 Agreement on the Rescue of Astronauts 12 expands the relevant general provisions of the Outer Space Treaty. The 1972 Convention on Interna- tional Liability for Damage Caused by Space Objects 13 provides a de- tailed regime for the liability of states for damage caused by space ob- jects on the surface of the earth, to aircraft in flight and in outer space. The 1975 Convention on Registration of Objects Launched into Outer Space 14 specifies the requirements for the registration of space objects. The 1979 Moon Treaty, 15 while reaffirming a number of principles 3. Id. art. I. 4. Id. 5. Id. art. II 6. Id. art. IV. 7. Id. art. V. 8. Id. art. VI. 9. Id. art. VII. 10. Id. art. XI. 11. See Present Status of Outer Space Treaties, 17 J. SPACE L. 98-102 (1989); See also M. BOWMAN & D. HARRIS, MULTILATERAL TREATIES: INDEX AND CURRENT STATUS (1984 & Supp.). 12. Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space, Apr. 22, 1968, 19 U.S.T. 7570, T.I.A.S. No. 6599, 672 U.N.T.S. 119 [hereinafter Agreement on the Rescue of Astronauts]. 13. Convention on International Liability for Damage Caused by Space Objects, Mar. 29, 1972, 24 U.S.T. 2389, T.I.A.S. No. 7762, 961 U.N.T.S. 187. 14. Convention on Registration of Objects Launched into Outer Space, Nov. 12, 1974, 28 U.S.T. 695, T.I.A.S. No. 8480, 1023 U.N.T.S. 15. 15. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, Dec. 5, 1979, G.A. Res. 34/68, 34 U.N. GAOR Supp. (No. 46) at 77, U.N. Doc. A/34/46 (1979) [hereinafter Moon Treaty]. 220 HIGH TECHNOLOGY LAW JOURNAL Vol. 4:217 contained in the 1967 Outer Space Treaty, also declares the moon the ' 1 6 "common heritage of mankind and calls for the creation of an inter- national regime to govern the exploitation of the natural resources of the 17 moon. Along with these multilateral treaties dealing specifically with space and space activities, the international community has promulgated a number of other conventions bearing on space activities. Of major im- portance are the Partial Nuclear Test Ban Treaty, 18 which bans nuclear explosions in outer space, the Convention on the Prohibition of Military 19 or Any Other Hostile Use of Environmental Modification Techniques, which bans the use of certain environmental modification techniques aimed at changing the dynamics, composition or structure of outer space, and the International Telecommunications Convention, 20 which contains provisions relating to space communications. However, the successful adoption and subsequent entry into force of these multilateral treaties do not mean that further development of space law will focus exclusively on their implementation and interpreta- tion. From a broad theoretical perspective, a viable system of space law presupposes continuous law-making activity. As a practical matter, the need for further law-making becomes clear after a perfunctory glance at existing space treaty law. Not all the essential subjects amenable' to treaty regulation have been resolved. Even during the "golden age," states failed to reach agreement on a number of important problems. Some of them, such as the delimitation of outer space and the character and utilization of the geostationary orbit, are still on the agenda of the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS), a 2 1 central legislative body dealing with space and space activities. 16. Id. art. 11. 17. Id. art. 11, para. 5. 18. Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, Aug. 5, 1963, 14 U.S.T. 1313, T.I.A.S. No. 5433, 480 U.N.T.S. 43 [hereinafter Partial Nuclear Test Ban Treaty]. 19. Convention on the Prohibition of Military or Any Other Hostile Use of Environ- mental Modification Techniques, Dec.
Load more

Recommended publications
  • Americans and the Moon Treaty Nancy L
    Journal of Air Law and Commerce Volume 46 | Issue 3 Article 6 1981 Americans and the Moon Treaty Nancy L. Griffin Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Nancy L. Griffin, Americans and the Moon Treaty, 46 J. Air L. & Com. 729 (1981) https://scholar.smu.edu/jalc/vol46/iss3/6 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Comments AMERICANS AND THE MOON TREATY NANCY L. GRIFFIN O N JULY 20, 1969, the United States successfully completed a technological space maneuver to place man on the moon for the first time.' Man's physical presence on the lunar surface represented such significant progress that the existing international law governing activities in outer space was no longer adequate to deal with the consequent legal questions.' The United States had taken a major step toward making the future occupation and ex- ploitation of the moon a reality. This event created a particular 1 TIME, July 25, 1969, at 10. SIn 1969, the international law governing states' activities in outer space consisted of United Nations General Assembly resolutions and two treaties: the Outer Space Treaty of 1967, 18 U.S.T. 2410, T.I.A.S. No. 6347, 610 U.N.T.S. 206, and the Rescue and Return Agreement of 1969, 19 U.S.T. 7570, T.IA.S.
    [Show full text]
  • Owning Outer Space Ezra J
    Northwestern Journal of International Law & Business Volume 20 Issue 1 Fall Fall 1999 Owning Outer Space Ezra J. Reinstein Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Part of the Air and Space Law Commons Recommended Citation Ezra J. Reinstein, Owning Outer Space, 20 Nw. J. Int'l L. & Bus. 59 (1999-2000) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. Owning Outer Space Ezra J. Reinstein * I. INTRODUCTION What do we want from space? We want the knowledge we can gain from scientific research; we can learn much about the Earth and its inhabitants, as well as the universe around us, by studying space. We want to explore, to satisfy the thirst for adventure and conquest imagined in countless science fiction books and films. We want to improve our collective lot down here on Earth. Space offers the potential for practically limitless wealth, some already being exploited, some we may only harness in the distant future, and un- doubtedly some we cannot begin to guess. Already the wealth of space is being developed in the form of telecommunications and remote satellite ob- servation. The private-sector investment in telecommunications satellites alone was projected to total $54.3 billion (including launch) between 1996 and 20001 -- and this figure doesn't include other commercial space ven- tures, nor does it include investment in Russian and Chinese satellites.
    [Show full text]
  • Implications of the Space Agreement; a Critique of the Statement of the American President to Exploit Space Resources
    ISSN: 2338 4638 Volume 4 Nomor 3 (2020) Implications of the Space Agreement; A Critique of the Statement of the American President to Exploit Space Resources Athari Farhani The Author is a graduate of the Faculty of Law University of Muhammadiyah Jakarta and an interest in Constitutional Law and Space Law 10.15408/adalah.v4i3.15624 Abstract: As the world’s population grows increasing demand for the planet’s limited resources, developed countries begin to explore outer space. One of them is the United States through its president statement Donald Trump who will explore and exploit space resources. While the law of space, including natural resources contained therein is a shared heritage of humanity. Whether said activities comply with the current provisions of international space law? Keywords: Outerspace, Natural Resources, Mining, Heritage of Mankind Abstrak: Ketika populasi dunia menumbuhkan permintaan akan sumber daya yang terbatas di planet ini, negara-negara maju mulai menjelajahi luar angkasa. Salah satunya adalah Amerika Serikat melalui pernyataan presidennya Donald Trump yang akan mengeksplorasi dan mengeksploitasi sumber daya ruang angkasa. Sedangkan hukum ruang, termasuk sumber daya alam yang terkandung di dalamnya adalah warisan kemanusiaan bersama. Apakah kegiatan tersebut memenuhi ketentuan hukum ruang angkasa internasional saat ini? Kata Kunci: Outerspace, Sumber Daya Alam, Penambangan, Warisan Manusia - 1 - ‘Adalah: Buletin Hukum dan Keadilan, Vol. 4, No. 3 (2020) Prolog The statement of US President Donald Trump, who has signed an agreement that America will explore natural resources in space, one of which on the moon. The Moon and other celestial bodies, such as Mars and asteroids, contain an abundant amount of re- sources that are scarce or non-existent on Earth, such as the isotope Helium-3 or useful metals like nickel and platinum.
    [Show full text]
  • SPACE : Obstacles and Opportunities
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bstacles and Opportunities Rapporteur’s Report Alan Smith Canada -UK Colloquium, 19 -21 November 2015 The University of Strathclyde, Technology and Innovation Centre Glasgow Canada -UK Council School of Policy Studies, Queen’s University ii !"#$%&%'(&!$%'#) !"#$%&&#"'()* ' !"#$%&'()*% # %# # %#%*%#)%( ) %$( ()%($%%# %$%*( % #% ) %% $#% '$#$) !%"( % #%($" %)*% #"# % " '$)% #$ % $(%*)% % #% &#"# #% $ ($%% #)% '% &' #'% &)*% ! ) #"(#!% () $% )*% *% # % % )*% + #$% & #% !%$% #)% () % )*$"%% $) % ($% )*% ,)* "#$ % # % )*% #$% # ) * (( )% #$ % # % #$% ($ ) '$)% ($- )!% "( % # "% # % ($" % #% '($#-$% % )*$"%% " '$)% . #% $(%*)% *# # % $% + #$'% #$ % / (#$% #)""() 0'% 1)% '#$#%'$)% #$ % # ) * ( !% 2$% *% *% 1($ % $( ()% 3""%% $ $4 % 5""# % & #% &($% # #) '% ($(-#""% # % "# % % )) % * ( '%$)#""%'($%%( ) %#$ %"# %% # )'$)%.6**70!%2$%% *% # % '# % #% % % )) % * ( !%
    [Show full text]
  • Trump Signs an Executive Order Allowing Mining the Moon and Asteroids 13 April 2020, by Matt Williams
    Trump signs an executive order allowing mining the moon and asteroids 13 April 2020, by Matt Williams establishes that "Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law," and that the United States does not view space as a "global commons." The Outer Space Treaty This order puts an end to decades of ambiguity regarding commercial activities in space, which were technically not addressed by the Outer Space or Moon treaties. The former, formally known as "The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies", was signed by the U.S., the Soviet Union, and the U.K. in 1967 at the height of the Space Asteroid mining concept. Credit: NASA/Denise Watt Race. In 2015, the Obama administration signed the U.S. Commercial Space Launch Competitiveness Act (CSLCA, or H.R. 2262) into law. This bill was intended to "facilitate a pro-growth environment for the developing commercial space industry" by making it legal for American companies and citizens to own and sell resources that they extract from asteroids and off-world locations (like the moon, Mars or beyond). On April 6th, the Trump administration took things a step further by signing an executive order that formally recognizes the rights of private interests to claim resources in space. This order, titled "Encouraging International Support for the Apollo 11’s Saturn V rocket prior to the launch July 16, Recovery and Use of Space Resources," 1969.
    [Show full text]
  • Commercial Space Activities Under the Moon Treaty*
    Menter: Commercial Space Activities COMMERCIAL SPACE ACTIVITIES UNDER THE MOON TREATY* Martin Menter** L INTRODUCTION The Moon Treaty, on adoption, will establish the principle that the moon and its natural resources are the common heritage of mankind. The establishment of an international regime is con­ templated to govern exploitation of such resources with "equit­ able sharing" by all States in the benefits derived from those resources, with "special consideration" for developing countries and countries contributing to the exploitation. This paper ex­ amines the apprehension of private enterprise to invest funds in a moon activity requiring sharing of profits with States that had not shared in the risks involved. In light of the Treaty's negotiated history, conclusions made are that the nature of the sharing has not yet been determined; that such must await a subsequent separate treaty negotiation for the governing international regime when exploitation "is about to become feasible," an eventuality perhaps thirty or more years from now; that in the interim, there is no moratorium on exploitation and States may authorize their governmental and nongovernmental entities to undertake ex­ ploitation of the moon's resources. Private sector planning for and investment in commercial space activities, with Government sup­ port, is encouraged. IL INTERNATIONAL COOPERATION IN SPACE ACTIVITIES A. The Space Law Treaties The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (TOM), on December 5, 1979, was recommended by resolution of the United Nations General • This paper was printed and distributed by the American Institute of Aeronautics and Astronautics at the Thirty-first Congress of the International Astronautical Federation held in Tokyo, Japan in September, 1980.
    [Show full text]
  • Page | 1 ISSUES CONCERNING OUTER SPACE INVESTMENTS
    AGAMA: Issues Concerning Outer Space Investments in International Law ISSUES CONCERNING OUTER SPACE INVESTMENTS IN INTERNATIONAL LAW1 Abstract Recent improvements in technology have in essence increased the viability of outer space as the next frontier for international investment and development. In addition to the current commercial applications of outer space usage such as remote sensing and direct television broadcasting, real possibilities now exist for mining mineral deposits on the surface of the moon and nearby asteroids, among other things. Degradation and dissipation of most natural/mineral resources on Earth, steady increase in world population and the possibilities of exploring and exploiting outer space through advancements in technology make outer space investments not just necessary but inevitable. As an international arena, coupled with financial and technological costs of such ventures, outer space investments would require a number of issues tackled first. This article therefore sets to discuss these issues which include the need for cooperation among nations for robust outer space investments and the need to circumvent current legal and logistical barriers to such investments by putting in place a more enabling international legal regime to that effect. Doctrinal method is adopted in this research and the result reveals that several barriers—legal, logistical and economic, inhibit outer space investments. We examined relevant statutes, text books, journal articles, case law and the internet materials. The work recommends inter alia that an outer space property legal system that creates both incentives and predictability must be established to remove major barriers inhibiting outer space investments. Key words: Outer Space, Investments, International Law, International Space Station I.
    [Show full text]
  • The Moon in Apollo's Shadow
    PRE-PRINT DRAFT DO NOT CITE WITHOUT AUTHOR’S PERMISSION “We choose to go to the moon. We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win, and the others, too. ” (President John F. Kennedy, September 12, 1962) The Moon in Apollo’s Shadow Luca Follis, Law School, Lancaster University An important touchstone in the reportage that accompanied the fiftieth anniversary of the Apollo Moon Landing this year was President John F. Kennedy’s 1962 speech at Rice University where he made the case for accelerating the Space program. Editorials, commentaries and essays featured the tag line: “we choose to go to the moon...and do other things, not because they are easy, but because they are hard” as a compact epithet for the spirit that animated the age. In the fifty years since, this logic has been turned on its head. Rather than the civilizational measuring rod posited by Kennedy, space flight has seemingly become accessible and almost routine. Certainly, there has been no shortage of industrial prospectors forecasting the imminent arrival of asteroid mining initiatives for rare metals and elements. Similarly, there has also been a proliferation of space tourism companies working hard to generate a sustainable market and deep client base for zero gravity, suborbital flights.
    [Show full text]
  • Property in Outer Space: the Ommonc Heritage of Mankind Principle Vs
    Journal of Air Law and Commerce Volume 69 | Issue 4 Article 3 2004 Property in Outer Space: The ommonC Heritage of Mankind Principle vs. the First in Time, First in Right, Rule of Property Carol R. Buxton Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Carol R. Buxton, Property in Outer Space: The Common Heritage of Mankind Principle vs. the First in Time, First in Right, Rule of Property, 69 J. Air L. & Com. 689 (2004) https://scholar.smu.edu/jalc/vol69/iss4/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. PROPERTY IN OUTER SPACE: THE COMMON HERITAGE OF MANKIND PRINCIPLE VS. THE "FIRST IN TIME, FIRST IN RIGHT" RULE OF PROPERTY LAW CAROL R. BUXTON "The charm of history and its enigmatic lesson consist in the fact that, from age to age, nothing changes and yet everything is completely different." Aldous Huxley1 "One generation passeth away, and another generation cometh; but the earth abideth forever .... The sun also ariseth, and the sun goeth down, and hasteth to the place where he arose .... " Epigraph to The Sun Also Rises, Ernest Hemingway2 I. INTRODUCTION PROXIMATELY 100,000 YEARS AGO,' modern humans began canvassing the earth, spending their days in nomadic existence, in constant quest for food and water. Due to the scant overall population of the earth at that time, and the vast- ness of the land, humans rarely encountered other human groups.4 Even in chance meetings, however, one might imagine early confrontations laced with friction and unease, with proba- ble disputes arising over food and water, the essential tools of survival.
    [Show full text]
  • The Post-Cold War Issues of the Space Conquest
    Célia Cornec Honors Collegium 14, Winter 2019 The post-Cold War issues of the space conquest Thoughts on the future of an increasingly attractive space Introduction: In 1957, the satellite Sputnik was launched into orbit by the soviet space agency, a first in History. This scientific event of global significance represents the beginning of the space race between the United States and the USSR, which lasted until the end of the Cold War in 1991. Resulting from a political quest for leadership of those two countries, the space race allowed significant technological progress, as well as outer space discoveries. It marked a new era in human History, an era of scientific ambitions beyond Earth. The space race was a pretext of the United States and the USSR to improve their military technology and show their greatness universally. It was mainly a communication campaign where politics and scientists worked hand-in-hand. When the USSR dissolved in 1991, the incentives to pursue such a technological race were greatly decreased for the United States. From this moment, the paradigm of international relations linked to the exploration of space shifted and became progressively a model of global cooperation. The launch into orbit of the International Space Station in 1998, occupied by an international team dedicated to research, constitutes the perfect example of it. Nonetheless, it is still important to observe some persistence of national interests in space research. Today, the world is facing new issues concerning space-related activities. Considered as a witness of a country’s power, as well as an incredible potential source of economic profit, space exploration has attracted new players.
    [Show full text]
  • Responsible Space Exploration and Use: Balancing Stakeholder Interests
    ORIGINAL ARTICLES Responsible Space Exploration and Use: Balancing Stakeholder Interests Pascale Ehrenfreund,1 Margaret Race,2 and David Labdon1 biters, landers, and rovers planned by NASA, European Space Agency, China, Japan, Russia, and India. Both the United States and Japan have 1Space Policy Institute, George Washington University, planned missions to NEAs and small moons, while NASA, Russia, and Washington, District of Columbia. Europe have announced a variety of future Mars missions.1 The ambi- 2SETI Institute, Mountain View, California. tious plans of space entrepreneurs include the exploration of resources on the Moon and NEAs as well as sending humans to the Moon and Mars.* The increasing interest in both robotic and human missions beyond Earth ABSTRACT orbit by multiple nations and stakeholders raises questions of how to Despite the worldwide economic downturn, many space-faring na- ensure that exploration, use of resources, and exploitation are done in tions are planning space missions and architectures to explore the responsible and balanced ways. In short, there is an increasing need to Moon, near-Earth asteroids (NEAs), and Mars in the coming decades. clarify policies governing these activities. Most of these plans are focused on robotic exploration, but some To date, all missions planned and launched by national space agen- also include human endeavors extending beyond the International cies to the Moon and other celestial bodies have adhered to planetary Space Station and low Earth orbit. Looking ahead, the space explo- protection rules for limiting biological contamination,{ as outlined by ration arena is clearly changing. In the not-too-distant future, space the Committee of Space Research (COSPAR), { consistent with the Outer activities are likely to include a significant increase in numbers of Space Treaty (OST).
    [Show full text]
  • The Moon Agreement: Its Effectiveness in the 21St Century
    The Moon Agreement: Its effectiveness in the 21st century E S P I PERSPECTIVES 14 The Moon Agreement: Its effectiveness in the 21st century Antonella BINI, United Nations Office for Outer Space Affairs (UNOOSA) Forty years after the Promethean achievement of Apollo 11, the major space-faring nations are showing a renewed interest in missions to the Moon. While in the 1960s, in the context of the Cold War, the decision to land humans on the Moon was perceived as a strategic political instrument between the two blocs, now in the 21st century, a considerably increased number of space actors complicates the scene with multiple sectorial and national interests. Security still predominates, although economic considerations also play an increasing role. The commercialisation and privatisation of space activities leads to new challenges which raise the issue of the role of the international legal framework. In this context, the Agreement Governing the Activities of the States on the Moon and Other Celestial Bodies of 1979 (known as the Moon Agreement) should be able to play a relevant role. There are several political and legal questions that arise for discussion. At its forty-sixth session, the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) decided to include a discussion on the activities which are being or to be carried out on the Moon and other celestial bodies in the forty-seventh session of the Subcommittee in 2008. A joint statement by some State Parties to the Agreement addresses questions raised during these discussions. 5 December 1979: The adoption of the Moon perspective of mankind’s landing on the Moon Agreement became a reality, the interest of the international community was heightened with As far as space exploration is concerned, the respect to short or long-term peaceful or military United Nations, through the efforts of the gains to be made from the possible colonization Committee on the Peaceful Uses of Outer of the Moon and other celestial bodies.
    [Show full text]