Planetary protection – some legal questions

Abstract

When we legally investigate the topic of Planetary Protection, we have to realise that there are primarily two very distinct parts of our juridical work: We have to study lex lata , the existing applicable Law , especially Space Law, and also lex ferenda , what should be the law . With this in mind, we have to deliberate the legal meaning of the notions “Planetary”, and “Protection”. About “ Planetary ”: Our own Earth is our most important planet. At present only here do exist human beings, who are sensu strictu the only legal subjects. We make the law, we have to apply it, and we are to be protected as well as bound by it. But what is further meant by “Planetary”? Is it planets in an astronomical sense only, the nine planets which revolve around our fixed star, namely the sun, or is it also satellites, moving around most of these planets, as our own Moon circles Earth. “The Moon and other Celestial Bodies (C.B.)” are subject to Space Law, especially to International Treaties, Agreements, Resolutions of the UN, etc. I propose that they and not only the planets in an strictly astronomical sense are to be protected. But I do not think that the said notion also comprises asteroids, comets, meteorites, etc. although they too belong to our solar system. Our investigation comes to the result that such bodies have a different (lesser) legal quality. Also we have to ask Protection from what ? From: Natural bodies – Meteorites, NEO Asteroids, Comets which could hit Earth or C.B. Artificial Objects: Space Debris threatening especially Earth and near Earth orbits. Terrestrial Life – no infection of other celestial bodies. Alien life forms which could bring about “harmful contamination” of Earth and the life, above all human life, there, etc. Here, astrobiological questions have to be discussed. Special realms on C.B. which should be protected from electronic “noise” such as craters SAHA or Deadalus on the Moon, also taking into account the “Common Heritage” Principle. Then, we have to examine: Protection where , of whom and of what : On Earth: Humans, and nature, namely other life forms, air, water and soil, but also all man made things. On Other celestial bodies: Crew of manned Space Missions, Stations on C.B., possible alien life forms, or remnants of such, water, other environment on C.B. – even if completely barren? Protection of C.B. from becoming “an area of international conflict”. Finally, we have to discuss overriding interests, such as deflection of Asteroids which threaten to hit Earth, then the legally permitted “Use” of C.B., also mining versus protection, then, too high costs of absolutely sterile Spacecraft, etc. With this, we have de lege ferenda to create an order of values of protection, whereby the protection of the higher category has priority over the lesser ones.