Legal Issues in Space Settlement

Adam Manning LLB, LLMA discussion of the laws of Outer Space as they apply to the utilization of space resources and ultimately the settlement

of space

Introduction• Law as a system of norms • Earth bound precedents• Geo-political context• Emerging private and commercial human

exploration in space• Tensions with New Space concepts• The need to look at the existing law• Law as a regulatory and normative influence• Help or hindrance?• The possibilities for reform

The Outer Space Treaty

• Precedent of Antarctica• Cold War concerns• Drawn from customary

principles• Significance as the

“Magna Carta” of Space Law

• Space Settlement issues:– Sovereignty– Ownership– Realty– Personalty

The Common Heritage Principle

• The Preamble– for the benefit of all

peoples– regardless of economic

and scientific development

• Article 1 – space is free for

exploration– BUT– exploration and use of

space is for the benefit of all and shall be the province of all mankind

• Issues:– Is exploration free if it

has to be for the benefit of all?

– Would this affect private and commercial space development?

Article 2 – Sovereignty

Outer Space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”

• No national sovereignty in space of any sort on any basis• Problems for private ownership of extraterrestrial land

Article 4 – no weapons of mass destruction. What about mass drivers?

Article 6 – nation states bear responsibility for both governmental and non-governmental activities of their citizens.

• Enforceability of Space Law on non-governmental entities

• Article 8 – if an object is launched into space, ownership is not affected.

• Includes objects constructed on a celestial body

• Does this include personalty constructed with extraterrestrial resources such as regolith?

• Article 9 – possible international consultation concerning experiments

• Would this hamper private or commercial development?

• Article 11 – possible requirement to reveal confidential information

• Article 12 – all stations, installations and equipment shall be able to all other states to inspect.

• Not helpful to private or commercial development

• The Outer Space Treaty – space as an Antarctic style wilderness?

• Ratification of the Treaty

The Moon Treaty

• The role of the developing world• A fuller enactment of The Common

Heritage Principle • The Common Heritage Principle as

a philosophy and new legal perspective

• Article 4 – international and inter-generational equity

• International cooperation

• Freely transmit information about any discoveries made

• Article 7 – avoid adverse changes to the environment of the Moon or other bodies– What about

asteroid mining?– Scientific preserves

• Article 11 – prohibition on private as well as national ownership on extraterrestrial land

• International regime to govern exploitation of extraterrestrial resources

• Equitable sharing• Reflects needs of

developing countries as well as space faring nations

Conclusions

• Moon Agreement – not widely ratified• But sets out a fuller enactment of the Common

Heritage Principle• Ownership of land totally prohibited• Ownership of extraterrestrial resources not

directly prohibited• BUT utilization and exploitation has to

somehow be in accordance with the Common Heritage Principle

• No international regime to set this out

The Future

• Outer Space Treaty likely to be influential • Moon Treaty principles suggest challenges for

full private and commercial space development• The Wild West argument and markets on Earth• The ASTEROIDS Act• The Federal Aviation Administration• The International Regime and the Common

Heritage Principle• The United Nations as the Solar Systems

landlord?

Question Time!