Rules for Space Exploration

The signatories to the Convention on International Liability for Damage Caused by Space Objects accept full liability for all damage caused by their space objects and agree on standard procedures for deciding on claims for compensation. There is an obligation to recover and return space objects under the jurisdiction of a State, but in areas outside the jurisdiction of the State, the obligation arises only if the space object is passively “found” in those areas. Recovery and return costs can be claimed from the “commissioning authority”. The term “launching authority” in the Rescue and Repatriation Treaty, as opposed to “registry State” or “sending State” elsewhere, creates confusion and uncertainty as to its meaning. It goes without saying that nations must pursue their national interests. Policymakers in the United States have not always taken into account the national interest in space. This lack of political sophistication resulted in part from arrogance toward American leadership in space and partly from ignorance of the importance of space to the future balance of power. Today, with our declining lead and the growing importance of space, the United States must negotiate its international space agreements with the same concern for national priorities as it has in any other international arena. Of course, in a given situation, cooperation or competition may better serve the national interest. The term “global space governance” refers to a set of international, regional or national laws and regulatory institutions and acts, ways and processes aimed at directing or regulating space-related issues or activities. It also includes instruments, institutions and mechanisms; national laws, regulations, standards and technical procedures; codes of conduct and confidence-building measures among space actors; All of this is discussed, formulated and implemented at different levels of government. Together, these measures enable the formulation, monitoring and implementation of space activities. But how effective are these measures in responding to Chinese missile debris falling to Earth or preventing the Russians from testing projectile launchers? The answer: not good enough.

This element of the Outer Space Treaty is perhaps the most nebulous, but it suggests that the right of States to govern the outer space sphere is subordinate to the right of humanity as a whole to govern the space domain. The preference given to the development of national policies rather than international agreements reflects both the growing value of commercial space travel and the stagnation of international space policy. The United States and Russia stand out from other countries because they have the strongest domestic laws and regulatory bodies designed for international space engagements. But among the 28 countries with national space policies, there is little political convergence. Debris has been accumulating in space since the 1950s. NASA estimates that there are about 22,000 objects larger than 10 cm in diameter in low-Earth orbit. The Liability Convention governs the liability of launching States for damage caused by their space objects on Earth and outer space. Source: NASA/JSC/Office of the Orbital Debris Programme UNOOSA maintains a website with the text of the five UN space treaties and the five “legal declarations and principles” adopted by the United Nations. Governments are responsible for all national activities in outer space, including those of fully independent non-governmental entities. Two centuries ago, a group of masters, farmers, lawyers, and politicians faced with the task of building a viable nation out of an unequal set of former colonies presented a remarkable document, the Constitution of the United States. which demonstrated a democratic form of government that has since proved extremely successful (see Fig.

8. Ein Porträt der Gestalter der Verfassung für eine neue Nation, Philadelphia 1787). This document and the resulting form of government were the product of a concerted design process based on a comparative study of the forms of government introduced at different times and places throughout history, a study conducted not by external experts but by those who were to live in the resulting nation. I look forward to many such events in space, when space colonists themselves do not sit down with Earth planners or even a space planning elite, sift through accumulated human experiences, and develop principles for shaping new societies tailored to their needs in space. Here, the anthropological archives of Earth and space – and the principles derived from them – could make an important contribution to the humanization of space. The launching State is fully liable for damage caused by its space objects on Earth (including an aircraft in flight). In outer space, however, the launching State is liable only if the damage is due to its fault or the fault of a person for whom it is responsible. Each treaty emphasizes that outer space, activities in outer space and all possible benefits should be devoted to improving the well-being of all countries and humanity, with emphasis on promoting international cooperation. The ideal recipients of this council would not be a few Earth planners tasked with designing the social structure of space stations, lunar bases, and even more futuristic efforts.