Spaceflight Regulatory Environment

Abstract

The basis for the spaceflight regulatory environment is derived from treaties and principles developed by the United Nations. Since 1961, issues relating to the use of outer space have been dealt with, through the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). The fundamental and the most important treaty to derive from UNCOPUOS is the “Treaty on principles governing the activities of states in the exploration and use of Outer Space, including the moon and other celestial bodies” which came into force in 1967. The “Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects launched into Outer Space” came into force in 1968. The third important treaty to derive from UNCOPUOS is the “Convention on international liability for damage caused by space objects” which came into effect on 29 March 1972. The last of the major outer space treaties is the Convention on Registration of Objects launched into Outer Space, which came into effect on 14 January 1975. These four main treaties are viewed as furnishing a general legal basis for the peaceful uses of outer space, and for providing a framework for developing the law of outer space, and consequently these space treaties have been ratified by many nations. A number of other important principles produced by the United Nations that have relevance to the spaceflight regulatory environment are also considered. Many countries have reflected their obligations under the Outer Space Treaties through the enactment of national legislation. The Outer Space Act 1986 (OSA) is the legal basis for the regulation of activities in outer space carried out by persons connected with the United Kingdom and is considered in detail. The basis for the regulations in the Commercial Space Launch Act (CSLA) of 1984 are the applicable treaties and international agreements to which the United States is party, and national legislation relating to health and safety. The CSLA regulations set forth the procedures and requirements applicable to the authorization and supervision of commercial space transportation activities conducted in the United States or by a US citizen. Finally, a major threat to the long-term sustainability of space activities is the growing population of man-made space debris. When the Outer Space Treaties were developed, there was no understanding of space debris. However, the Treaties and national regulations are considered flexible enough to address the issue in an effective manner, relying upon the best practice and Codes and Principles to encourage the adoption of space debris mitigation measures, and this process is reviewed. Keywords: spaceflight regulation; space licensing; space debris; outer space treaties; United Nations