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Law and the Extension of the Human Presence with Moon 2.0 - Update to Global Compact 2.0? Jan Helge Mey Institute of Air and Space Law McGill University, Montreal August 2008 A thesis submitted to McGill University in partial fulfilment of the requirements of the degree of Master in Laws (LL.M.) © Jan Helge Mey 2008 Library and Archives Bibliotheque et 1*1 Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington OttawaONK1A0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-53581-3 Our file Notre reference ISBN: 978-0-494-53581-3 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par Nnternet, prefer, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distribute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non­ support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in this et des droits moraux qui protege cette these. Ni thesis. Neither the thesis nor la these ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent etre imprimes ou autrement printed or otherwise reproduced reproduits sans son autorisation. without the author's permission. In compliance with the Canadian Conformement a la loi canadienne sur la Privacy Act some supporting forms protection de la vie privee, quelques may have been removed from this formulaires secondaires ont ete enleves de thesis. cette these. While these forms may be included Bien que ces formulaires aient inclus dans in the document page count, their la pagination, il n'y aura aucun contenu removal does not represent any loss manquant. of content from the thesis. 1+1 Canada Acknowledgements Thanks to the global knowledge pool into which it is so much easier to tap through the Internet and the World Wide Web. It is constantly enriched through a myriad of individual contributions strengthening the communicative and collaborative fabric of the global community. However, the access to a flood of information is useless without personal guidance. My particular appreciation therefore belongs to Prof. Ram Jakhu for his supervision and support of the thesis. I will especially keep the long and at times rather philosophical discussions in my memory. For his kind and constructive review of the thesis, I also want to thank Prof. Jonathan F. Galloway. ' I would like to thank Catherine Doldirina for her feedback on my first conception of the thesis. Victoria Prince and Veronique Schlemmer have smoothed the text over with their incredible language skills. I am indebted to Pleotian Uttarachai and Peter Devinsky for their logistical support. Without the wonderful times and the sustained mutual support among the inhabitants of the cubicles at the McGill Nahum Gelber Law Library, the process of writing this thesis would not have been the same. I am grateful to have met all these extraordinary people at the Institute of Air and Space Law in Montreal. Thanks to the IASL Class of 2008 and the many interesting and friendly people of Montreal and at McGill University who have made the LL.M. program a unique experience for me. 1 Abstract / Resume In 1969, humans set foot on the lunar surface for the first time. The space race of the cold war era was at its peak with Moon 1.0. Almost four decades later, there is renewed interest in returning to the Moon and going beyond. This time, the extension of the human presence into outer space is meant to be permanent and sustainable. Space exploration is to be brought into the economic sphere with Moon 2.0. The activities of the public sector mainly represented in the Global Exploration Strategy and those of the private sector, which have been highlighted by the Google Lunar X PRIZE are surveyed and contrasted against the core international legal framework. Arguing that the private sector can play a unique role in reconciling inclusive social interests for the benefit of mankind with their current exclusive economic priorities, the United Nations Global Compact is offered as a suitable gateway. C'est en 1969 que l'homme a mis pieds sur la lune pour la premiere fois. La course vers l'espace a l'epoque de la guerre froide etait a son apogee avec Lune 1.0. Pres de quatre decades plus tard, l'interet de retourner vers la lune et d'aller meme encore plus loin est de nouveau reveille. Cette fois-ci, on a l'intention d'assurer l'extension de la presence humaine dans l'espace de facon permanente et durable. L'exploration spatiale doit gagner une dimension economique avec Lune 2.0. Les activites du secteur public representees surtout par la Strategie mondiale d'exploration et celles secteur prive qui ont ete mises en evidence par le concours Google Lunar X PRIZE, sont examinees et comparees au principes fondamentales du droit international. Invoquant 1'argument que le secteur prive peut jouer un role unique en conciliant les interets sociaux pour le bienfait de l'humanite et les priorites economiques actuelles excluantes, le Pacte Mondial des Nations Unies est propose comme moyen d'acces approprie. ii Table of Contents Acknowledgements i Abstract / Resume. ii Table of Contents hi Table of Acronyms and Abbreviations vi Table of Figures ix A. Introduction . 1 B. Evolution of Space Activities - From Moon 1.0 to 2.0 ..3 I. Historical Evolution: From Independent States to Global Community 3 II. Main Actors - Who? . 11 1. From Public Duo-Pole to Public-Private Space Economy 11 2. Status of Non-State Actors 14 III. Main Activities and Applications - What? 16 IV. Organisational Setup - How? 19 V. Geocentric Activities vs. Leaving the Cradle of Mankind - Why? 22 VI. Forms, Levels and Timing of Regulation - Freedoms or Limits?.. 25 VII. Interim Conclusion: Continuation of Major Trends and a New Chapter..... 28 C. Public Sector: The Global Exploration Strategy (GES) 30 I. National Space Exploration Initiatives and Policies 30 1. ASI (Italy) 30 2. BNSC (United Kingdom) 31 3. CNES (France) .32 4. CNSA (China) 33 5. CSA (Canada) 34 6. CSIRO (Australia) 35 7. DLR (Germany) 35 8. ESA (European Space Agency) 36 9. ISRO (India)7 .....39 10. JAXA (Japan) 39 11. KARI (Republic of Korea) : 41 12. NASA (USA) : 41 iii 13. NSAU (Ukraine) 46 14. Roscosmos(Russia)..... 47 II. The Global Exploration Strategy 48 1. Origins and Background 48 2. The Underlying Vision 49 3. The International Coordination Mechanism: ISECG 53 III. Core International Legal Framework for Space Exploration 58 1. Freedom of Exploration and Use 58 2. Non-appropriation 60 3. Benefit and Interest of Mankind 67 4. Mere Technicalities or Legal Issues at Stake? 69 IV. Interim Conclusion 71 D. Private Sector: The Google Lunar X PRIZE - Moon 2.0 ....73 I. Google Lunar X PRIZE : 73 1. History and Theory of Prizes 73 2. The Challenge: A privately funded Moon 2.0? 75 3. The Foundation: Education and Outreach or Interpretative Predominance? 76 4. The Sponsor: Brand, Profit and Philanthropy? 78 5. The Teams: Globalization in Practice? 79 II. Towards a Business-Friendly Stable Regulatory Framework 81 1. Definition 81 2. National Approach 81 3. Global Approach: International & Transnational 84 III. Towards Global Acceptance and Legitimacy 86 1. Why bother? .' 86 2. The Individual and National Interest Objection 88 3. The Common Interest Objection. 90 IV. Putting Things on Tracks: Global Compact 2.0 92 1. Multiple Fora: Matching Mandate and Legitimacy 92 2. The United Nations Global Compact 93 3. UN Sponsorship and Symbolism 97 iv 4. UN Global Compact Foundation & Prizes 98 V. Interim Conclusion 99 E. Conclusion . 100 Selected Bibliography 103 v Table of Acronyms and Abbreviations Air & Space L. Air & Space Law ASI Agenzia Spaziale Italiana BMBF Bundesministerium fur Bildung und Forschung BNSC British National Space Centre CEOS Committee on Earth Observation Satellites CERN European Organization for Nuclear Research Chi. J. Int'l L. Chicago Journal of International Law CLEP Chinese Lunar Exploration Network CNES Centre National d'Etudes Spatiales CNSA China National Space Administration COSPAR Committee on Space Research CSA Canadian Space Agency CSIRO Commonwealth Scientific and Industrial Research Organisation DLR Deutsches Zentrum fur Luft- und Raumfahrt EC European Community ESA European Space Agency EU European Union FAA Federal Aviation Administration FDI Foreign Direct Investment GA General Assembly GATS General Agreement on Trade in Services GATT General Agreement on Tariffs and Trade GC Global Compact GEO Geostationary Orbit; Group on Earth Observation GES Global Exploration Strategy GLXP Google Lunar X PRIZE GNSS Global Navigation Satellite System IAA International Academy of Astronautics IADC Inter-Agency Space Debris Coordination Committee IAF International Astronautical Federation VI ICEUM Int. Conference on Exploration and Utilisation of the Moon ICG International Committee on Global Navigation Satellite Systems I.C.J. Reports International Court of Justice Reports IGF Internet Governance Forum IISL International Institute of Space Law ILA International Law Association ILEWG International Lunar Exploration Working Group IMARS International Mars Architecture for Return of Samples IMEWG International Mars Exploration Working Group Int'l L. & Mgmt. Rev. International Law & Management Review IOAG Interagency Operations Advisory Group IPEWG International Primitive Body Exploration Group ISECG International Space Exploration Coordination Group ISRO Indian Space Research Organisation ITAR International Traffic in Arms Regulations ITU International Telecommunication Union JAXA Japan Aerospace Exploration Agency J.
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