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69-552: In late 2009, the Cooperative Cyber Defence Centre of Excellence convened an international group of legal scholars and practitioners to draft a manual addressing the issue of how to interpret international law in the context of cyber operations and cyber warfare. As such, it was the first effort to analyse this topic comprehensively and authoritatively and to bring some degree of clarity to the associated complex legal issues. Collectively calling themselves

138-420: 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,

207-655: 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

276-470: 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

345-871: Is also well known for his work on use of force issues and international humanitarian law. He serves on many boards of publications and professional organizations in these fields. 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

414-749: Is an American international law scholar specializing in international humanitarian law, use of force issues, and the international law applicable to cyberspace. He is Professor of Public International Law at the University of Reading , the G. Norman Lieber Distinguished Scholar at the Lieber Institute of the United States Military Academy at West Point, and the Charles H. Stockton Distinguished Scholar in Residence at

483-618: Is not new. The Tallinn Manual followed in the footsteps of similar efforts, such as the International Institute of Humanitarian Law ’s San Remo Manual on International Law Applicable to Armed Conflicts at Sea and the Harvard Program on Humanitarian Policy and Conflict Research’s Manual on International Law Applicable to Air and Missile Warfare . The manual is divided into sections referred to as “black letter rules” and their accompanying commentary. Essentially,

552-776: 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 ,

621-456: 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,

690-659: 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

759-644: 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

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828-675: 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

897-908: 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

966-653: 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

1035-862: 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

1104-440: 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

1173-524: 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

1242-498: 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,

1311-402: 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

1380-450: 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

1449-535: 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

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1518-644: The International Group of Experts, the authors of the Tallinn Manual include highly respected legal scholars and legal practitioners with experience in cyber issues who were consulted throughout the duration of the project by information technology specialists. The group was led by Professor Michael N. Schmitt , chairman of the international law department at the United States Naval War College , who also served as

1587-601: 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

1656-713: 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

1725-613: 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

1794-429: 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,

1863-561: The Naval War College in 2019 and is now Professor Emeritus at the institution. In 2020, he joined the faculty of the University of Reading School of Law . In addition to his position at the University of Reading, he is G. Norman Lieberman Distinguished Scholar at West Point, Strauss Center Distinguished Scholar and Visiting Professor of Law at the University of Texas, Charles H. Stockton Distinguished Scholar in Residence at

1932-458: 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

2001-513: 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

2070-495: 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

2139-619: 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

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2208-481: 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 ,

2277-484: The State Department’s Advisory Committee on International Law. In addition to his academic pursuits, Schmitt serves as Director of Legal Affairs for Cyber Law International , which offers international cyber law capacity-building seminars for government officials around the world. Its programs are sponsored by numerous nations and international organizations and certified as Executive Education by

2346-731: The US Naval War College . He has a D.Litt. from Durham University ; LL.M. from Yale Law School ; JD from the University of Texas Law School; MA from the Naval War College ; and an MA and BA from Texas State University . From 1979–99, Schmitt served in the United States Air Force as a judge advocate. He graduated first in class from the Naval War College in 1996, and his operational law experience includes service in both Operation Provide Comfort and Operation Northern Watch . In 1999, he

2415-757: The United States Naval War College's Stockton Center for International Law , and Senior Fellow at the NATO Cooperative Cyber Defence Centre of Excellence . Schmitt serves as General Editor of Oxford University Press' Lieber Studies series, and he is Editor Emeritus of International Law Studies , a Fellow of the Royal Society of the Arts and a Member of the Council on Foreign Relations . He sits on

2484-585: The University of Reading. The firm also engages in cyber law and conflict law consultancy. Schmitt is internationally known for his work in directing the 7+ year project leading to publication of the two Tallinn Manuals dealing with the international law applicable to cyberspace. In 2017 he was awarded the Order of the Cross of Terra Mariana by the President of Estonia for his contributions to cyber security. Schmitt

2553-657: 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

2622-409: 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,

2691-477: The centre supported the effort. Similarly to its predecessor, the expanded edition of the Tallinn Manual represented only the views of the International Group of Experts, but not of NATO, the NATO CCD COE, its sponsoring nations, nor any other state or organization. The latest update initiative, known as Tallinn Manual 3.0 , was inaugurated in 2021 and is set to span five years. The project seeks to revise

2760-536: 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

2829-408: 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

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2898-472: 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

2967-445: 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

3036-543: 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

3105-431: The existing content in response to new developments as well as introduce discussions on emerging topics pertinent to state activities in cyberspace. The update process engages a wide spectrum of international law experts, including Professor Michael N. Schmitt whom will serve as the project director, joined as Co-General Editors by Ms. Liis Vihul and Professor Marko Milanović. Michael N. Schmitt Michael N. Schmitt

3174-472: 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

3243-487: The form of a book. The focus of the original Tallinn Manual is on the most disruptive and destructive cyber operations—those that qualify as ‘armed attacks’ and therefore allowing states to respond in self-defense—and those taking place during armed conflict. Since the threat of cyber operations with such consequences is especially alarming to states, most academic research has focused on these issues. Tallinn 2.0 refers to cyber "operations" as opposed to cyber "conflict" from

3312-656: 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

3381-564: The general principles of international law, such as sovereignty, jurisdiction, due diligence, and the prohibition of intervention, apply in the cyber context. A senior fellow at the centre, Professor Michael Schmitt from the United States Naval War College and the University of Exeter , directed the Tallinn 2.0 project. Ms. Liis Vihul of the centre served as its project manager. A team of legal and IT experts from

3450-690: 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

3519-466: The issue of international law and how that governs cyber warfare was discussed widely among international media with references to the manual. Although frequently referred to as a NATO manual, this is incorrect. The Tallinn Manual is an independent academic research product representing only the views of its authors in their personal capacity. The manual does not represent the views of NATO nor any other organisation or state, including those represented by

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3588-487: 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

3657-513: 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

3726-410: 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

3795-401: The observers. Being the first authoritative restatement of the application and interpretation of international law in the cyber context, however, it may be anticipated that the manual will have an effect on how states and organisations will formulate their approaches and positions in those matters. The practice of producing non-binding manuals on the application of international humanitarian law

3864-685: 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,

3933-501: The original Tallinn Manual. States are challenged daily, however, by malevolent cyber operations that do not rise to the aforementioned level. The Tallinn 2.0 project examines the international legal framework that applies to such cyber operations. The relevant legal regimes include the law of state responsibility, the law of the sea, international telecommunications law, space law , diplomatic and consular law, and, with respect to individuals, human rights law. Tallinn 2.0 also explores how

4002-626: The perspective of an operationally mature entity. To add to the academic credibility of the Tallinn Manual , prior to publication it was peer-reviewed by thirteen international legal scholars. When a draft of the Tallinn Manual was posted on the web site of the NATO Cooperative Cyber Defence Centre of Excellence, it immediately drew the attention of the legal community as well as online media outlets reporting mainly on technology questions. Furthermore, after its official publication on March 15, 2013 at Chatham House,

4071-597: The project director. Other members of the group included: Three organisations were represented by observers throughout the drafting process: NATO through its Allied Command Transformation due to the relationship of the NATO Cooperative Cyber Defence Centre of Excellence with NATO, the International Committee of the Red Cross because of its “guardian” role of international humanitarian law, and United States Cyber Command due to its ability to provide

4140-520: 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

4209-416: 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

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4278-411: The rules are restatements of international law in the cyber context, as understood and agreed to, by all of the authors. Since the adoption of any rule required consensus among the authors (not including the observers) the commentary attached to each rule serves a critical purpose of outlining differences of opinion as to the precise application of the rule. The commentary also identifies the legal basis of

4347-595: The rules, explains their normative content, and addresses practical implications in the cyber context. Updates to the Tallinn Manual are conducted on an as-needed basis, reflecting the dynamic nature of cyber operations and the corresponding international legal landscape. Tallinn 2.0 , which followed the original manual, was designed to expand the scope of the Tallinn Manual . Tallinn 2.0 was released in February 2017 and published by Cambridge University Press in

4416-559: 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

4485-456: 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

4554-565: 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,

4623-466: 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

4692-721: 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

4761-601: Was appointed Professor of International Law at the George C. Marshall European Center for Security Studies in Garmisch, Germany, eventually becoming Dean. He was subsequently Chair of Public International Law at Durham University and at the University of Exeter . He returned to the Naval War College as Chairman of the Stockton Center and Charles H. Stockton Professor of International Law in 2011. Schmitt retired from

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