Space Treaty Research Articles

Constraints on Interstellar Sovereignty

Human space exploration and settlement of other planets is becoming increasingly technologically feasible, while mission concepts for remote and crewed missions to nearby star systems continue to be developed. But the long-term success of space settlement also requires extensions and advances in models of governance. This paper provides a synthesis of the physical factors that will constrain the application of sovereignty in space as well as legal precedent on Earth that likely applies to any crewed or uncrewed missions to other stellar systems. The Outer Space Treaty limits the territorial expansion of states into space, but the requirements for oversight of nongovernmental agencies and retention of property ownership enable the extension of state jurisdiction into space. Pragmatic constraints from historical precedent on Earth suggest that new space treaties will be unlikely to succeed and new global space agencies may have limited jurisdiction over states, while hard constraints of the space environment require adherence to technical capabilities, political feasibility, and long-term sustainability. These factors form a three-prong test for assessing the viability of interstellar governance models. This discussion of interstellar governance is intended to further the conversation about sovereignty in space prior to the first intentional launch of any interstellar spacecraft. Keywords: Space Settlement, Space Colonization, Interstellar Travel, Governance, Outer Space Treaty

SPACE RESOURCES: A NEW BALANCE OF INTERESTS FOR THE 21ST CENTURY

Purpose: the Art. II of the 1967 Outer Space Treaty (OST), which prohibits national appropriation by claim of sovereignty, use or occupation, is a jus cogens norm and has become a guarantee of peace in space, as well as the basis of international space law. In opposition, the creation of national legislations that allow the appropriation of space resources to their citizens, the advance of the private sector in space activities all over the world, the initiative to create the International Lunar Research Station (ILRS), and The Artemis Accords, put the interpretation of this fundamental principle under debate. In the 21st century, the proliferation of new space missions of public-private nature has created feasible commercial opportunities, such as space mining. All of this has deepened the debate within the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) on the need (or not) for elaborate new legal definitions and a legal regime for space resources. For this, it’s necessary to generate a unified interpretation by the States based on the "balance of interests" principle. Research methods: study of specialized bibliography and national and international legislations, observation methods and analysis of information related to space activities. Results: in this article it will be evaluated whether it’s possible to establish a new global legal interpretation of Art. II of the OST of 1967 to allow the harmonization of private and public interests. Discussion: the Artemis Accords, the ILRS and the national legislations of States that currently allow their citizens to appropriate space resources are, in fact and in practice, the spearhead of NewSpace and their main characteristic is that they are initiatives carried out outside UNCOPUOS. What would happen if soon, in a hypothetical case, The Artemis Accords and the ILRS project were to have more than a hundred signatory States in total?

Мирное использование космоса: современное толкование

There is no direct prohibition of the military use of space in international space law, and such use is actively conducted, especially for reconnaissance, but not for aggressive purposes. However, new types of weapons are being created and tested, which can be placed in space very soon. The article shows that the Outer Space Treaty should be interpreted from the standpoint of the UN Charter; the division of rights and obligations in order to justify violations of the Charter is unlawful; the restriction of the ʻweaponizationʼ of space is necessary to ensure the normal existence of all mankind.

Outer Space: is it a global common?

This review examines critical questions related to whether the outer space is a global common; it also addresses the challenge of achieving balance between the outer space treaty (OST) mandate of compliance with the common interest principle and requirement of providing an environment for the success of commercial lunar enterprises while simultaneously mitigating the possibility of conflict on the Moon.

Penanganan Sampah Satelit Ruang Angkasa Pada Low Earth Orbit Berdasarkan Hukum Internasional

Increased space activity in recent decades has resulted in an increase in the amount of space junk, often referred to as orbital debris. One of the most affected regions is Low Earth Orbit (LEO), where most satellites operate. Satellite debris in Earth orbit, particularly in Low Earth Orbit (LEO), has become an increasingly pressing problem. Its presence can endanger other satellites, space missions and even human life on Earth. The 1967 Space Treaty, as an international agreement governing activities in outer space, has an important role to play in addressing satellite debris. This study analyzes the obligations and responsibilities of states parties in mitigating and addressing the space debris problem in accordance with the basic principles outlined in the Space Treaty. Furthermore, it evaluates the effectiveness of the 1967 Space Treaty in addressing the satellite debris problem. It is recognized that the 1967 Space Treaty has laid an important legal foundation, but a more stringent and comprehensive legal instrument is needed to effectively address this issue. This journal is expected to contribute to the understanding of the international legal framework in handling satellite debris, and encourage the development of stronger legal instruments to preserve the space environment.

Sovereignty beyond Borders: Unraveling the Enigma of Airspace and Outer Space Interplay

This paper examines the complex issue of delimitation and sovereignty in airspace and outer space, tracing the evolution of these concepts from ancient jurisprudence to contemporary international law. The study delves into the origins of air sovereignty, emphasizing the legal maxim "Cuius est solum eius usque ad coelum et ad inferos" and the subsequent development of aviation law, including the pivotal Convention on International Civil Aviation. It further explores the nascent field of space law, highlighting the Outer Space Treaty and its designation of outer space as res communis humanitatis. The paper analyzes various attempts to delineate a boundary between airspace and outer space, contrasting the spatialist, functionalist, and "wait-and-see" approaches. It evaluates the pros and cons of establishing a clear demarcation, considering technological advancements and geopolitical tensions. Potential solutions are proposed, including drawing analogies from the Law of the Sea and enhancing the role of international organizations such as ICAO. The paper underscores the urgency of resolving these issues to ensure normative certainty and address the growing congestion in the skies.

Protecting the Cosmos: Defining Celestial Bodies in the Outer Space Treaty

Protecting the Cosmos: Defining Celestial Bodies in the Outer Space Treaty

Lunar distress communications: Interoperability, frequencies, and harmful interference, which normative model for the artemis accords?

A new space era begins with the Artemis Accords. These will allow the return of humans to the Moon. The starting point of this historic period was marked by the signing of this international agreement on October 13, 2020. Eight States are at the origin of these accords: the United States of America, Australia, Canada, Italy, Japan, Luxembourg, the United Arab Emirates, and the United Kingdom. Since then, thirteen other governments – including France – have joined this international space program led by NASA. Artemis will require the implementation of a new communication architecture called “LunaNet”, encompassing the search and rescue service known as “LunaSAR”. Therefore, like on Earth, on the Moon, search and rescue of people in distress will require the interoperability of international communications. From a legal point of view, the Artemis Accords are based on existing space law, particularly the 1967 Outer Space Treaty. According to this, Lunar missions shall be conducted for peaceful purposes. Transparency in the implementation of international partnerships is another key principle of this space program. From this, at the operational level, interoperability of the systems based on existing or future standards naturally follows. Beyond the technical or commercial aspects, what takes precedence over all other considerations is the safety of the astronauts working for the completion of the Artemis program. Thus, generally, the possible assistance brought to the astronauts in distress is foreseen in the United Nations treaties and principles on outer space. Regarding the implementation of the Artemis program, personnel will operate on board a spacecraft, a space station, or from the surface of the Moon. This is why NASA plans to implement the Astronaut's Lunar Lifeline, known as Lunar Search and Rescue or LunaSAR. Integrated with the LunaNet system, this system will assist workers in distress. In this study, therefore, we will focus on standards for communications interoperability, in the context of search and rescue of persons in distress. To do so, we will examine the Artemis program through the lens of satellite-assisted Earth search and rescue principles and techniques. In particular, we will focus on the COSPAS-SARSAT alerting service and the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual. In this context, issues such as, for example, the implementation of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 1967, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 1968 and the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 as well as the protection of SAR frequencies and potential harmful interference will be addressed.

A CRITICAL STUDY OF JURISDICTION IN OUTER SPACE

It has become necessary to reevaluate the jurisdictional difficulties that are present in outer space as a result of the advent of commercial space exploration. The fundamental treaties, such as the Outer Space Treaty (OST), were primarily designed with state actors in mind. As a result, there are considerable gaps in the treaties when it comes to private individuals and companies. This article investigates the changing picture of jurisdiction in outer space, with a particular emphasis on the legal issues that are provided by activities that take place in private space, the legal frameworks that are now in place, and the various pathways that could be taken to overcome jurisdictional ambiguity.

The planetary protection strategy of Mars Sample Return’s Earth Return Orbiter mission

The Mars Sample Return campaign aims to use three flight missions and one ground element to safely bring rock cores, regolith and atmospheric samples from the surface of Mars to Earth to answer key questions about the geologic and climate history of Mars, including the potential for ancient life. Since its landing in Jezero Crater in 2021, the first mission, NASA’s Mars 2020, has collected a number of samples on the crater floor and on the delta using the Perseverance rover. Subsequent missions would recover the sealed sample tubes, launch them into Mars orbit, and transport them back to Earth. The ground element would be a high-containment facility that would isolate and protect the samples during initial sample characterization, which would include sample safety assessments and time-sensitive scientific investigations. These elements are currently in the planning and design stages of development, and represent an international effort of NASA, the European Space Agency (ESA), and many industry partners. The work presented here provides an overview of the planetary protection strategy of the third flight mission, the ESA-led Earth Return Orbiter, which hosts the NASA-provided Capture, Containment, and Return System. The orbiter would detect and capture the container with up to 30 sealed tubes previously put in Martian orbit, contain them in redundant containers to ensure that no potentially hazardous Mars particles are released, and return them to Earth through an entry vehicle. Both NASA and ESA policies comply with the United Nations’ Outer Space Treaty by planning to protect Earth’s biosphere from any potential adverse effects from material returned from solar system bodies beyond the Earth-Moon system. In the conduct of Mars Sample Return, the two agencies have mutually agreed to apply approaches consistent with their own planetary protection standards to the campaign elements they each provide.

Possible Solutions for Outer Space Norm-Making

In the first instalment of this article, the author examined why the United Nations Committee for the Peaceful Uses of Outer Space (UN and UNCOPUOS), established to make international law of outer space, stopped making outer space treaties, and how did the International Institute for the Unification of Private Law (Institute International pour l’unification du Droit Privé or UNIDROIT), a non-UN entity established to unify private law, created with its 2012 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets (Space Protocol) what is allegedly the first outer space treaty in (then) thirty-two years. The UNCOPUOS system of public international law treaty-making was compared with the UNIDROIT private international law one; and the question as to whether the UNIDROIT has created a new method of treaty-making. The author now advances recommendations for the UNCOPUOS to produce hard law to cure this unsatisfactory situation. He concludes that the Space Protocol can only form part of space law if one accepts a fourth stage of development of space law as part of a redefining of space law sensu lato, and although multilateral treaty-making is no longer the most appropriate tool for meeting the new needs and requirements, treaties cannot be ignored in international space legislation.

Urgensi Sui Generis Regime Permintaan Slot Geostationary Orbit melalui Perspektif Negara Khatulistiwa Khususnya Indonesia

Indonesia is one of the countries whose position is crossed by the equator, which is parallel to the Geostationary Orbit (GSO). The passing of Law No. 16 of 2002 marks Indonesia’s binding to the Outer Space Treaty, which encourages Indonesia to have regulations regarding the resolution of issues relating to the use of GSO slots in the national interest. Indonesia proposes a special legal regime that recognizes GSO as an independent territorywithout disturbing existing rules. This research emphasizes the urgency of creating a fair and equitable legal framework in utilizing GSO, especially for developing countries. This research aims to explore legal certainty in the context of space utilization and exploration, especially Geostationary Orbit (GSO). This research uses a normative juridical method with the main approaches, namely legislation and conceptual. The results show the needfor a special regime that regulates the utilization of GSO so that there is no gap between countries with the principles of maintaining peace, justice and mutual benefit, with the hope of providing clarity of rules and guidelines in exploring and utilizing space safely and fairly.

Legal challenges of additive manufacturing on the Moon

Additive manufacturing (AM) is promising for supporting sustainable human presence on the Moon as it reduces costs and dependency on the Earth. It has been incorporated into several lunar programs. Nonetheless, AM on the Moon is legally challenging. First, the legal field most challenged by AM is intellectual property (IP) law, and the peculiar location of AM on the Moon complicates the issue. Deciding the State to exercise jurisdiction and extend its IP protection to the Moon encounters difficulties. Second, AM on the Moon is most valuable when it uses lunar regolith as a source of printing material, which may face similar legal problems to in situ resource utilization, including determining the legality of the activity, deciding the State to exercise the jurisdiction and control over it, the protection of the lunar environment, and so forth. Lunar in situ AM using lunar regolith (LISAMUR), meaning using lunar regolith as raw materials to manufacture objects on the Moon through AM technologies, renders these problems more imminent and substantial. The article delves into the two categories of legal issues ignited by AM on the Moon and reveals that three reasons lead to the legal dilemma: the ambiguous terminology of the space treaties, the abstract principles, and the lacunae in space law. It suggests that as international legislation is slow, temporary approaches of coordinating the understanding of critical notions and relevant principles in space law and updating the registration regime through international cooperation on multilateral platforms would be more viable for coping with the legal challenges of AM on the Moon.

International Legal Outer Space Policy of the United States of America

The new outer space natural resources policy of the United States, outlined between 2015 and 2020 by national legislation (including the U.S. Space Resource Exploration and Exploitation Act of 2015 and the U.S. Executive Order of April 6, 2020) and in 2020 also by the U.S.-initiated separate international Artemis Aсcords, is meant to be consistent with the universal Outer Space Treaty of 1967, the basic source of international space law. This policy, which opens access for private investors to natural resources of celestial bodies under the American legislation has commanded a wide international attention not only because of the exhilarating data on the high density of deposits of precious metals and other highlydemanded natural resources on some asteroids, but also because of the question raised during the workings of the UN Committee on the Peaceful Uses of Outer Space: does this policy violate the US obligations under international law according to which the use of outer space, including celestial bodies, constitutes "the province of all mankind"? Or is it more rational for other states to create a similar international format of selective cooperation in order to be among the first to exploit the wealth of nearby celestial bodies without devoting political efforts to collectively establish international offense committed by the United States? Can a national legal and international legal response of Russia, China and other states, which are not subordinated to the United States, supported by their technological and industrial outer space infrastructure applicable to the outer space natural resources activities, become an effective incentive to negotiate a universal special international legal regime? It appears to be feasible since it is necessary to ensure conflict-free and, consequently, economically stable outer space natural resources activities corresponding to the national interests of the majority of states even with different international legal positions.

International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives

Introduction. International law acts of BRICS countries enshrine their attachment to enforcement of the international cooperation in the field of population, in particular migration. The rise in the number of forced migrants on their territories as well the accession of new States to BRICS explains the topicality of the research into the particularities and prospects of BRICS countries’ cooperation in the sphere of forced migration. Meanwhile the international law acts adopted by BRICS countries do not enshrine their unified position as regards general principles of their cooperation in the sphere of forced migration.Materials and Methods. The conciliation theory according to which creation of international law norms results from the reconciliation of international legal position of its subjects serves as the theoretical framework for the present research. While exercising autonomous international legal policy, each State aims at enshrining the principles of its foreign policy in the international law acts. International legal positions of States are enshrined in their treaties, national legislation and unilateral acts. The article contains the results of a comprehensive comparative analysis of international legal positions of BRICS countries as regards international law norms governing the legal status of forced migrants. The subject of the research includes universal treaties, BRICS countries’ international law acts, national legislation and unilateral acts.Results. BRICS is an intergovernmental institution, which is not de jure an international organisation. The acts adopted by BRICS countries are joint unilateral acts enshrining their unified positions on international law. International cooperation of BRICS countries in the sphere of forced migration is based on principles of rule of international law and multilateralism as well as their coincident and similar positions on interpretation and application of international law norms governing the legal status of forced migrants. BRICS international law acts enshrine the international law concepts applicable to the international cooperation in the field of forced migration.Discussion and Conclusions. Conciliation of international law positions of BRICS countries as regards interpretation and application of international law concepts of “durable solution to the problem of forced migrants”, “responsibility sharing”, “solidarity”, “common but differentiated responsibility” as well as other international law concepts upon which the international cooperation in the field of forced migration is based should be considered a prospective area of their international cooperation.

Status of the natural resources of celestial bodies: novelties of the practice of states

The absence of clauses on the legal regime of the natural resources of celestial bodies in the Outer Space Treaty, together with the development by the United States with its partner states of favourable legal conditions for their legal entities and individuals for the mining of space resources on celestial bodies, has highlighted the need for scientific proposals on the relevant Russian legal response. The article after analysing the legislative and treaty acts of the United States in the general context of International Space Law makes such initial proposals.

Space Mining

The Outer Space Treaty, the leading source of law for activities in space, has laid out various limitations and regulations regarding actions in space and how space can be used. One of these limitations is commonly referred to as the “non-appropriation principle.” The non-appropriation principle prohibits nations from making claims of sovereignty over celestial bodies in space. This presents a problem as the space industry continues to progress because it causes uncertainty regarding the meaning of appropriation, what is classified as a celestial body, what acts are allowed, and who specifically is prohibited from acting. This Comment identifies these problems and their potential solutions, specifically with the proposition of space mining in mind.

Unweaving the Tangled Web: The Due Regard Obligation Under Article IX of the Outer Space Treaty

This article assesses the content and reach of the due regard obligation under Article IX of the Outer Space Treaty (OST). It first investigates if its substance might be spelled out despite its flexible and context-dependent nature. It then focuses on the ‘reach’ of the obligation, by examining, on the one hand, its practical ‘playing field’ vis-à-vis other ‘competing’ rules and, on the other, its potential application beyond Article IX OST. It concludes that, while it is possible to partially substantiate the content of this obligation, its status under international law remains uncertain and its implementation would be further supported by the adoption of more precise operationalizing frameworks at the multilateral level. due diligence, consultations, cooperation, impact assessment, Artemis Accords

Implikasi Hukum Terhadap Peningkatan Sampah Ruang Angkasa Akibat Aktivitas Komersialisasi Ruang Angkasa

This research aims to analyze the legal implications of the increase in space debris generated through space commercialization activities. This research uses a normative legal method using a qualitative approach to determine the application of law in commercial activities carried out in space. The results of this study, namely: (1) the increase in space junk cases caused by commercial activities in space is increasing until 2022 due to various satellites being launched and causing junk to scatter freely in space. The rules of the Outer Space Treaty 1967 are still unable to guarantee legal certainty so that all parties carrying out commercial activities in space obey them; (2) the calculation of damage caused by commercial activities in space will result in liability that has been regulated in the Space Liability Convention 1972 that there are two legal principles governing the responsibility for compensation carried out by all parties in space, both state and private parties.

An Evaluation of Intellectual Property Rights Protection in Outer Space Activities

Plans for settlement on the moon and Mars, as well as satellite launches and space missions, are examples of the fast growing field of outer space operations. Establishing precise intellectual property rights frameworks has become essential as both public and commercial entities increase their investments in space technologies. Regarding jurisdictional authority, legislative authority, and the enforceability of intellectual property rights for technologies developed in space or utilized in extraterrestrial conditions, there are uncertainties. In the context of space operations, this article conducts a critical study of present international laws, treaties, and policy discussions on intellectual property protection. It investigates trade secrets, copyrights, trademarks, patents, and industrial designs related to space technology, operations carried out in celestial bodies, and spacecraft launched from Earth. Analyzed are the gaps and restrictions provided by current legislation, particularly Article VIII of the Outer Space Treaty, which prohibits the appropriation of space. It is also assessed how well-suited the existing organizations are to manage this field, including the United Nations Committee on Peaceful Uses of Outer Space and international space law conventions. A review of recent US laws pertaining to "space resources" and case law is presented to emphasize the necessity of an international regulatory framework for intellectual property rights in space innovation, exploration, and business. A sui generis framework is necessary because of the worldwide cooperation needed in space stations and habitats and the lack of prior experience implementing territorial intellectual property rights in extraterrestrial environments. The key components of such a customized regime that are discussed in this article are the necessity for disclosure requirements for space innovations, subject matter jurisdiction, international agreements on ownership doctrines, and technological use, particularly the establishment of priority claims over space resources