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67-660: The convention requires states to furnish to the United Nations with details about the orbit of each space object. A registry of launchings was already being maintained by the United Nations as a result of a General Assembly Resolution in 1962. The Registration Convention and four other space law treaties are administered by the United Nations Committee on the Peaceful Uses of Outer Space . The European Space Agency , European Organization for

134-420: A common good by calling it the " province of all mankind ", and no state has claimed any part of space as their territory, despite practicing the placing of flags. That said it has been argued, that sovereignty is an issue through jurisdiction, which applies to installed facilities and the present actors in space. In space law, ethics extend to topics regarding space exploration , space tourism, space ownership,

201-516: A focus of international space law since the beginning of space exploration. In the early stages of international space law, outer space was framed as res communis , explicitly not as terra nullius , in the Magna Carta of Space presented by William A. Hyman in 1966. This concept has since influenced the work of the United Nations Committee on the Peaceful Uses of Outer Space , and the exploration and use of outer space has been declared as

268-411: A new frontier for conflict. This gave the committee the unique position of acting as a platform for maintaining outer space for peaceful purposes at the international level. The United Nations Office for Outer Space Affairs (UNOOSA) has acted as the secretariat to the committee since its creation in 1958. It also provides secretariat services to the committee's subcommittees. All documents related to

335-470: A part of the universe in a more holistic, possibly even "cosmic", view. Progress in robotics and artificial intelligence is eroding the need for humans in space with human endeavours often being less cost-effective than robotic missions, with ethical implications for society. Laws as well as adaption-requirements for humans differ in space, which could be a legitimation for crewed – rather than robotic – space-missions. There have been some proposals as with

402-737: Is a United Nations committee whose main task is to review and foster international cooperation in the peaceful uses of outer space , as well as to consider legal issues arising from the exploration of outer space . The committee currently has 102 members who meet annually in Vienna , Austria at the Vienna International Centre in June. Additionally, the Scientific and Technical Subcommittee tends to meet in February, while

469-631: Is available at the UNOOSA site There are currently 72 states parties to the Convention. There are three states which have signed, but not ratified, the Convention. Several intergovernmental organizations , which cannot be party to the Convention, have nonetheless notified the Secretary-General of the United Nations that they have accepted the rights and obligations of the Convention. A General Assembly resolution from December 2007 that

536-776: Is one reason the United States has not ratified the United Nations Convention on the Law of the Sea , and why some oppose applying the same principles to outer space. Several nations have enacted or recently updated their national space law, for example, Luxembourg in 2017, the United States in 2015, and Japan in 2008. Due to the expansion of the domain of space research and allied activities in India ,

603-456: Is preserved; and second to assure that the concept of heritage is not abused by national space actors. Human heritage in outer space includes Tranquility Base ( Apollo 11 's lunar landing site) and the robotic and crewed sites that preceded and followed Apollo 11. This also comprises all the Luna programme vehicles, including the Luna 2 (first object) and Luna 9 (first soft-landing) missions,

670-467: Is subsequently one of the largest committees of the General Assembly of the United Nations. The evolution of the composition of the committee is as follows: In addition to the committee's member states, a number of international organizations, including both intergovernmental and non-governmental organizations, have observer status with COPUOS and its subcommittees. The following is a list of

737-659: The International Space Station have entered into the 1998 Agreement among the governments of Canada , Member States of the European Space Agency , Japan , Russian Federation , and the United States concerning cooperation on the Civil International Space Station. This agreement provides, among other things, that NASA is the lead agency in coordinating the member states' contributions to and activities on

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804-644: The Magna Carta of Space presented by William A. Hyman in 1966 or through the concept of metalaw to introduce legal basics in case of detection of or contact with indigenous extraterrestrial intelligence . As of 2018, there are basically no principles for dealing with a successful confirmed SETI detection. In 2021, the Declaration of the Rights of the Moon was created by a group of "lawyers, space archaeologists and concerned citizens", drawing on precedents in

871-494: The Rights of Nature movement and the concept of legal personality for non-human entities in space. Space Law also attempts to provide a framework for dispute resolution for matters which arise in space. The following mechanisms are available to the different types of affected parties. United Nations Committee on the Peaceful Uses of Outer Space The United Nations Committee on the Peaceful Uses of Outer Space ( COPUOS )

938-616: The Space Race , nations began discussing systems to ensure the peaceful use of outer space. Bilateral discussions between the United States and the USSR in 1958 resulted in the presentation of issues to the UN for debate. In 1959, the UN created the Committee on the Peaceful Uses of Outer Space (COPUOS). COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee and

1005-908: The Surveyor program and the Yutu rovers. Human heritage in outer space also includes satellites like Vanguard 1 and Asterix-1 which, though nonoperational, remain in orbit. Currently, these sites are not recognized as cultural heritage or protected in any way under international law. They are addressed in Section 9 of the Artemis Accords which includes an agreement to preserve outer space heritage, which they consider to comprise historically significant human or robotic landing sites, artifacts, spacecraft, and other evidence of activity, and to contribute to multinational efforts to develop practices and rules to do so. Current space law has framed space as

1072-528: The UN Charter applied in outer space and directed the committee to study and report on legal problems arising from space exploration. It directed all states to inform the committee of all launches into space for the UN's public registry. It directed the committee to keep close contact with governmental and non-governmental organizations concerned with space matters, as well as to act as an exchange of information relating to space activities. Finally, it directed

1139-653: The United Nations Committee on the Peaceful Uses of Outer Space and the International Telecommunication Union. More recent discussions focus on the need for the international community to draft and institute a code of space ethics to prevent the destruction of the space environment. Furthermore, the advancement of life in space pertain to questions related to the ethics of biocentrism and anthropocentrism , or in other words, determining how much value we place in all living things versus human beings specifically. Currently, researchers in

1206-862: The United States Congress to pass the Space Act , thus creating the National Aeronautics and Space Administration (NASA). Because space exploration required crossing transnational boundaries, it was during this era where space law became a field independent from traditional aerospace law. Since the Cold War, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including

1273-440: The bioengineering field are working towards contamination control measures integrated into spacecraft to protect both space and earth's biosphere . UN Guidelines and ISO standard 24113 on space debris mitigation "encourages" organizations to voluntarily: A study suggests policies could help achieve the goal of debris mitigation and space sustainability . A team of scientists outlined rationale for governance that regulates

1340-524: The militarization of space , environmental protection , and distinguishing the boundaries of space itself. In March 2023, For All Moonkind announced the formation of the Institute on Space Law and Ethics, a "new nonprofit organization will go beyond advocating for protecting off-world heritage sites and contemplate the ethics around some activities in space that are not fully covered in existing international law." International space law developed after

1407-498: The " billionaire space race ", leaving many earthbound problems behind has been criticized as "techno-utopian [...] hubris", suggesting "a multilateral agreement to strictly govern and limit expansion into space". Early discussions regarding space ethics revolved around whether or not the space frontier should be available for use, gaining prominence at the time of the Soviet Union and the United States' Space Race . In 1967,

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1474-402: The " province of all mankind ". Critics though argue that the sharing of space for all humanity is still lacking, with imperialist views prevailing. Moreover, there are concerns that the current politico-legal regimes and their philosophical underpinnings may favor the imperialist development of space. Consequently it has been argued that space law is in the need for being reevaluated to ensure

1541-450: The "Outer Space Treaty" dictated that all nations in compliance with international regulation are permitted to exploit space. As a result, the commercial use of space is open to exploitation by public and private entities, especially in relation to mining and space tourism. This principle has been the subject of controversy, particularly by those in favor of environmental protection, sustainability, and conservation. While this field of

1608-535: The Draft Space Activities Bill was introduced in 2017. Many questions arise from the difficulty of defining the term "space". Scholars not only debate its geographical definition (i.e., upper and lower limits), but also whether or not it also encompasses various objects within it (i.e., celestial objects , human beings, man-made devices). Lower limits are generally estimated to be about 50 kilometers . More difficulties arise trying to define

1675-752: The Exploitation of Meteorological Satellites , the European Telecommunications Satellite Organization , and the Intersputnik International Organization of Space Communications have submitted declarations of acceptance of rights and obligations according to the convention. The register is kept by the United Nations Office for Outer Space Affairs (UNOOSA) and includes Information on registered objects

1742-528: The General Assembly compelled it to via Resolution 1721 (XVI) . The committee's two subcommittees also met in May and June to discuss scientific, technical and legal questions. These subcommittees were in unanimity with respect to various scientific and technical questions while failing to come to an agreement on legal questions. Resolution 1721 also further cemented the committee's role in preserving space for peaceful purposes. It stated that international law and

1809-601: The Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement (the idea of which, though, was proposed just by a few member States). It is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many space faring nations seem to believe that discussing a new space agreement or amendment of

1876-521: The Legal Subcommittee usually meets in April. The UN's interest in the peaceful uses of outer space was first expressed in 1957, soon after the launching of the first Sputnik . Its main concern was that space should be used for peaceful purposes and that the benefits from space activities be shared by all nations. Thus, on 13 December 1958, the General Assembly created an ad hoc Committee on

1943-713: The Legal Subcommittee. The COPUOS Legal Subcommittee has been a primary forum for discussion and negotiation of international agreements relating to outer space . In 1960, the International Astronautical Congress met in Stockholm and heard several submissions including a survey of legal opinion on extraterrestrial jurisdiction by Andrew G. Haley. Starting in 1961, the General Assembly Resolution 1721 (XVI) and later 1802 (XVII), both titled "International Cooperation in

2010-613: The Moon and Other Celestial Bodies (the "Outer Space Treaty") and the International Telecommunication Union have served as the constitutional legal framework and set of principles and procedures constituting space law. Further, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), along with its Legal and Scientific and Technical Subcommittees, are responsible for debating issues of international space law and policy. The United Nations Office for Outer Space Affairs (UNOOSA) serves as

2077-429: The Moon and other celestial bodies. Conceptually, this definition can be interpreted to include any human-made material in space and as humanity continues to increase the pace of exploratory and commercial missions to the Moon and beyond. Thus, protocols must be established to manage Space Heritage for two very different reasons: first so that relevant cultural heritage, which is so important to build kinship amongst humans,

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2144-458: The Outer Space Treaty would be futile and time-consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely. Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty gives responsibility for regulating space activities, including both government and private sector, to

2211-513: The Peaceful Uses of Outer Space has approved seven nonmilitary uses for these orbits: communications , meteorology , Earth's resources and environment, navigation and aircraft control , testing of new systems, astronomy , and data relay . The requirement to space these satellites apart means that there is a limited number of orbital "slots" available, thus only a limited number of satellites can be placed in geostationary orbit. This has led to conflict between different countries wishing access to

2278-491: The Peaceful Uses of Outer Space composed of 18 members who were tasked with reporting to the Assembly about the activities and resources of the UN, its specialized agencies and other international bodies relating to the peaceful uses of outer space. The next year, on 12 December 1959, the ad hoc committee was established as a permanent body by the General Assembly with its membership being further increased to 24. It retained

2345-495: The Peaceful Uses of Outer Space", and Resolution 1962 (XVIII), or a "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space" were passed unanimously. These basic principles formed the foundation of the 1967 Outer Space Treaty . Six international treaties have been negotiated to govern state behaviour in space: The Rescue Agreement, the Liability Convention and

2412-555: The Registration Convention all elaborate on provisions of the Outer Space Treaty. Many consider the Moon Treaty to be a failed treaty due to its limited acceptance. Others however have suggested to compliment the Moon Treaty, to accommodate raised issues with it, while employing its qualities. In addition to the international treaties that have been negotiated at the United Nations, the nations participating in

2479-481: The Second World War when international human rights were established, but both developed independently, and have therefore been identified to be in need to be thought together and expanded, especially with advancing space flight and interest in space settlement . It has been suggested that human rights need to be accompanied in space by a set of fundamental rights. Approached from Crip Legal Theory ,

2546-489: The UN is needed to guide the policymakers of its member nations on several important NEO-related aspects. At about the same time (Oct 2013) of the UN's policy adoption in New York City, Schweickart and four other ASE members, including B612 head Ed Lu and strategic advisers Dumitru Prunariu and Tom Jones , participated at a public forum moderated by Neil deGrasse Tyson not far from the UN's headquarters, urging

2613-825: The UNOOSA Online Index of Objects Launched into Outer Space. Space law Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration , liability for damage, weapons use, rescue efforts, environmental preservation , information sharing, new technologies, and ethics . Other fields of law, such as administrative law , intellectual property law , arms control law , insurance law , environmental law , criminal law , and commercial law , are also integrated within space law. The origins of space law date back to 1919, with international law recognizing each country's sovereignty over

2680-657: The airspace directly above their territory, later reinforced at the Chicago Convention in 1944. The onset of domestic space programs during the Cold War propelled the official creation of international space policy (i.e., the International Geophysical Year ) initiated by the International Council of Scientific Unions . The Soviet Union 's 1957 launch of the world's first artificial satellite, Sputnik 1 , directly spurred

2747-409: The basis of consensus, i.e., all delegations from member States must agree on any matter, be it treaty language before it can be included in the final version of a treaty or new items on Committee/Subcommittee's agendas. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is that it is easier to achieve consensus when language and terms are vague. In recent years,

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2814-840: The committee and its subcommittees are published by UNOOSA. COPUOS oversees the implementation of five UN treaties and agreements relating to activities in outer space: COPUOS also keeps track of the following other international agreements relating to activities in outer space: The Association of Space Explorers (ASE), working in conjunction with B612 Foundation members, helped obtain UN oversight of near-Earth object (NEO) tracking and deflection missions through COPUOS along with its Action Team 14 (AT-14) expert group. Several members of B612 and ASE have worked with COPUOS since 2001 to establish international involvement for both impact disaster responses, and on deflection, missions to prevent impact events. As explained by B612 Foundation Chair Emeritus Rusty Schweickart in 2013, "No government in

2881-550: The committee to review reports of the World Meteorological Organization and the International Telecommunication Union in regard to outer space activities relating to weather research and analysis and telecommunication and to submit its comments and recommendations on these reports to the Economic and Social Council and the General Assembly. Thus the committee aimed to prevent space from becoming

2948-536: The concept of space being the province of all mankind , and has been discussed in comparison to the later by the Moon Treaty invoked concept of common heritage of humanity , while overlapping concepts the latter highlights the proclaimed material nature of celestial bodies and the former the proclaimed access to the use of space. The United Nations Committee on the Peaceful Uses of Outer Space and its Scientific and Technical and Legal Subcommittees operate on

3015-408: The consideration of the relevance and contributions of countries without significant spaceflight, particularly as an answer to colonial histories and colonialism. Space colonization has been criticized as a continuation of imperialism and colonialism , leading to postcolonial critiques of colonial decision-making and reasons for labor and land exploitation. There is a growing recognition of

3082-472: The current free externalization of true costs and risks , treating orbital space around the Earth as an "additional ecosystem" or a common "part of the human environment" which should be subject to the same concerns and regulations like e.g. oceans on Earth . The study concludes that it needs "new policies, rules and regulations at national and international level". Beyond space debris, rocket launches and

3149-445: The development of many commercial spaceports, is leading many countries to consider how to regulate private space activities. The challenge is to regulate these activities in a manner that does not hinder or preclude investment, while still ensuring that commercial activities comply with international law. Developing nations are concerned that the spacefaring nations will monopolize space resources. Royalties paid to developing countries

3216-543: The earliest works on space law was Czech jurist Vladimír Mandl 's Das Weltraum-Recht: Ein Problem der Raumfahrt (Space Law: A Problem of Space Travel), written in German and published in 1932. At Caltech in 1942 Theodore von Kármán and other rocket scientists banded together to form Aerojet rocket company with the help of lawyer Andrew G. Haley . To toast the new corporation, Kármán said, "Now, Andy, we will make

3283-472: The following three such novel fundamental rights have been suggested by the Jus Ad Astra project: the right to water, the right to a breathable atmosphere and the right to a habitable environment. For such rights state and private accountability has become, particular in light of increased private space activity, a growing issue. The issue of human representation and participation in space has been

3350-656: The freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploitation of natural resources in outer space and the settlement of disputes". The United Nations General Assembly adopted five declarations and legal principles which encourage exercising international laws , as well as unified communication between countries. The five declarations and principles are: The Outer Space Treaty broadly established

3417-414: The global community to adopt further important steps towards planetary defence against the threat of NEO impacts. Their recommendations included: The first meetings of IAWN and SMPAG were held in 2014. The committee was first established by the General Assembly in its resolution 1348 (XIII) of 13 December 1958 and was originally composed of 18 members. It has grown to include 92 members as of 2019 , and

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3484-632: The individual countries where the activity is taking place. If a national of, or an organization incorporated in one country launches a spacecraft in a different country, interpretations differ as to whether the home country or the launching country has jurisdiction. The Outer Space Treaty also incorporates the UN Charter by reference, and requires parties to ensure that activities are conducted in accordance with other forms of international law such as customary international law (the custom and practice of states). The advent of commercial activities like space mining , space tourism , private exploration, and

3551-487: The law is still in its infancy, it is in an era of rapid change and development. Arguably, the resources of space are infinite. If commercial space transportation becomes widely available, with substantially lower launch costs, then all countries will be able to directly reap the benefits of space resources. In that situation, it seems likely that consensus will be much easier to achieve with respect to commercial development and human settlement of outer space. High costs are not

3618-513: The nation of Luxembourg has set out a formal legal framework which ensures that private companies engaged in mining resources in space have rights to those resources. Spreading humanity's influence far beyond the Earth raises questions about potential other intelligences that have spread through reachable space. Astroethics can consider extraterrestrial having ethics, which may often reflect in laws and understand humanity and its multitude of ethics (which may often reflect in laws and policies) as

3685-410: The need for inclusive and democratic participation in any space exploration, infrastructure, or habitation. Despite the Outer Space Treaty guaranteeing access to space, space law has faced criticism for not securing international and social inclusiveness, particularly concerning private spaceflight. The often heared declaration that humanity's destiny lies in colonizing the solar system, particularly in

3752-685: The only factor preventing the economic exploitation of space: it is argued that space should be considered as a pristine environment worthy of protection and conservation, and that the legal regime for space should further protect it from being used as a resource for Earth's needs. Debate is also focused on whether space should continue to be legally defined as part of the "Common heritage of mankind", and therefore unavailable for national claims, or whether its legal definition should be changed to allow private property in space. As of 2013, NASA's plans to capture an asteroid by 2021 has raised questions about how space law would be applied in practice. In 2016,

3819-520: The re-entry of reusable components and space debris also cause air pollution . A study estimated their impacts on climate change and the ozone layer in 2019 and from a theoretical future space industry extrapolated from the " billionaire space race ". It concludes that substantial effects from routine space tourism should "motivate regulation". Space Heritage can be understood to mean traces of human existence, together with their archaeological and natural contexts that occur in outer space, including on

3886-416: The rockets—you must make the corporation and obtain the money. Later on, you will have to see that we behave well in outer space. ... After all, we are the scientists but you are the lawyer, and you must tell us how to behave ourselves according to law and to safeguard our innocence." Indeed, twenty years later, Haley published the fundamental textbook, Space Law and Government . Beginning in 1957 with

3953-466: The same mission as its predecessor – to review international cooperation in the peaceful uses of outer space. As the subsequent Space Race between the United States and the Soviet Union heightened, the international community quickly became concerned that space could be used for military purposes. As a result of disagreements between the US and the USSR, the committee did not meet again until March 1962 after

4020-559: The same orbital slots (countries at the same longitude but differing latitudes ). These disputes are addressed through the ITU allocation mechanism. Countries located at the Earth's equator have also asserted their legal claim to control the use of space above their territory, notably in 1976, when many countries located at the Earth's equator created the Bogota Declaration , in which they asserted their legal claim to control

4087-456: The secretariat of the committee and promotes Access to Space for All through a wide range of conferences and capacity-building programs. Challenges that space law will continue to face in the future are fourfold—spanning across dimensions of domestic compliance, international cooperation, ethics, and the advent of scientific innovations. Furthermore, specific guidelines on the definition of airspace have yet to be universally determined. One of

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4154-565: The space station, and that each nation has jurisdiction over its own module(s). The agreement also provides for protection of intellectual property and procedures for criminal prosecution. This agreement may very well serve as a model for future agreements regarding international cooperation in facilities on the Moon and Mars, where the first off-world colonies and scientific/industrial bases are likely to be established. The five treaties and agreements of international space law cover "non-appropriation of outer space by any one country, arms control,

4221-534: The technologies for deflection missions, and as well provide oversight of actual missions. This is due to deflection missions typically involving a progressive movement of an asteroid's predicted impact point across the surface of the Earth (and also across the territories of uninvolved countries) until the NEO has been deflected either ahead of, or behind the planet at the point their orbits intersect. Schweickart states that an initial framework of international cooperation at

4288-466: The upper bounds of "space", as it would require more inquiry into the nature of the universe and the role of Earth as a planet. Objects in geostationary orbits remain stationary over a point on the Earth due to gravity . There are numerous advantages in being able to use these orbits, mostly due to the unique ability to send radio frequencies to and from satellites to collect data and send signals to various locations. The United Nations Committee on

4355-721: The use of space above their territory, but failed to challenge the Outer Space Treaty in this regard. Future developments using geostationary orbits may include an expansion of services in telecommunication, broadcasting, and meteorology. As a result, uses for geostationary orbits may stir political controversy. For example, broadcasting and telecommunication services of satellites orbiting above Earth from certain nations may accidentally "spill over" into other nations' territory. This may prompt conflict with nations that wish to restrict access to information and communication. Current and future political and legal concerns allocation may pose may be addressed by international legislatures , such as

4422-521: The world today has explicitly assigned the responsibility for planetary protection to any of its agencies". In October 2013, the UN committee approved several measures to deal with terrestrial asteroid impacts, including the creation of an International Asteroid Warning Network (IAWN) to act as a clearinghouse for shared information on dangerous asteroids and for any future terrestrial impact events that are identified. A UN Space Missions Planning Advisory Group (SMPAG) will also coordinate joint studies of

4489-400: Was accepted by consensus recommended that the data should be extended to include: For many years, concern has existed surrounding the growing number of dead or inactive satellites in space. These litter the part of space near geostationary orbit and pose a major threat, as any collision would produce serious damage or loss of satellites. As of 2021, there are nearly 12,000 objects registered in

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