International Space Law: A Hindrance to Space Activities or a Resolute Action for Change
Issue:
Volume 9, Issue 1, June 2022
Pages:
1-13
Received:
11 April 2022
Accepted:
3 May 2022
Published:
10 May 2022
DOI:
10.11648/j.ajae.20220901.11
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Views:
Abstract: Space has changed immensely in both the 20th and 21st centuries, but the law has not. The law governing space activities, 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 resolution 2222 (OST). The OST creates international legal clarity in which domestic law enhances the state's obligations and builds upon the OST. While the OST has undoubtedly laid the foundations for space activities and remains valid in the 21st century, it has left gaps in enforcement, legal advancement and the suitability of space governance. The creation of space governance and the proactive nature of such is a topical question which requires clarity in the 21st century. The activities and suitability of space governance for non-governmental organizations presents an international development gap in light of present-day activities. It may be argued that the OST was not prepared for the likes of commercial activities or the environmental impact of scientific missions. But the framework provided by the OST allows for a simple view of space. It is, therefore, left to the current governance structure to examine the productivity of these groups within the state or under article VI of the OST. Therefore, the hindrance of international law would fall upon current measures and whether space governance can produce a sustainable agreement that benefits the state and space under the OST. This article will consider the premise of the OST’s ability to act within the 21st century and the suitability of space governance. Moreover, elements of non-governmental influences will be explored throughout to determine whether a hybrid approach could be formed by using the OST as a legal foundation for which space governance, through non-binding agreements, international agencies and domestic actors, can create a basis for the future of space. The developments from international law, state practice and space law will feature throughout. Ideas from private actors' philosophies and mandates awarded to international and regional agencies, will form a basis on space law which could be accepted in the international community.
Abstract: Space has changed immensely in both the 20th and 21st centuries, but the law has not. The law governing space activities, 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 resolution 2222 (OST). The OST creates international legal clarity in which ...
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Human Spaceflight: Regulations, Legal and Geopolitical Application Throughout the International Community and Commercial Actors
Issue:
Volume 9, Issue 1, June 2022
Pages:
14-27
Received:
11 April 2022
Accepted:
26 April 2022
Published:
10 May 2022
DOI:
10.11648/j.ajae.20220901.12
Downloads:
Views:
Abstract: Human spaceflight without change to International Space Law will remain very much the same. The Outer Space Treaty, the Liability Convention and Rescue Agreement remain an essential element to all space activities. Luckily, the application of these treaties was considered to allow some form of the evolutionary process in their interpretation. This paper will discuss the use of these treaties to the question of human spaceflight; what obstacles may be produced; and how humanity at an international level can adhere to the law, while forming a mutually cooperative approach to space governance. As the United Nations has stood the test of time, this paper will assume that the UN elements of space governance will remain. This paper will argue that with the delegation of activities to an international body, such as UNOOSA, spaceflight and sustainable living on celestial bodies may be possible. The approach of this paper will be to focus on the national and multinational agencies such as NASA and ESA, which are proactive and holding their weight in space governances. This paper will, therefore, examine the international view, with a more focused approach on corporations and multinational agencies. Space colonization is the forefront of visionaries such as Elon Musk, who view Mars as their destination. At today's rate, the likelihood of closer platforms such as the Moon and larger habitable stations such as the ISS may be afforded as more reasonable as a first stage colonization experiment before Mars. This paper will consider the positive approach to living in closer proximity to Earth and what is needed to fuel such a drive to live in a sustainable environment on the Moon and in orbit. The future element of Mars will be hypothesis-based humanity being able to agree and focus on these 'forward stations' in the first attempt of colonization. It is therefore proposed that this paper will consider all the above with a focus on space governance, technology advancement and nearby space colonization with the forward concept of widespread expansion for the betterment of humanity.
Abstract: Human spaceflight without change to International Space Law will remain very much the same. The Outer Space Treaty, the Liability Convention and Rescue Agreement remain an essential element to all space activities. Luckily, the application of these treaties was considered to allow some form of the evolutionary process in their interpretation. This ...
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