Air and Space Law
Space colonization (also called space settlement or extraterrestrial colonization) is the use
of outer space or celestial bodies other than Earth for permanent habitation or as
extraterrestrial territory. Making territorial claims in space is prohibited by
international space law, defining space as a common heritage. International space law has
had the goal to prevent colonial claims and militarization of space, and has advocated the
installation of international regimes to regulate access to and sharing of space, particularly
for specific locations such as the limited space of geostationary orbit or the Moon.
1, Sovereignity
Space activities are for the benefit of all nations, and any country is free to explore orbit and
beyond.There is no claim for sovereignty in space; no nation can “own” space, the Moon or
any other body.Weapons of mass destruction are forbidden in orbit and beyond, and the
Moon, the planets, and other celestial bodies can only be used for peaceful purposes.Any
astronaut from any nation is an “envoy of mankind,” and signatory states must provide all
possible help to astronauts when needed, including emergency landing in a foreign country
or at sea.Signatory states are each responsible for their space activities, including private
commercial endeavors, and must provide authorization and continuing supervision.Nations
are responsible for damage caused by their space objects and must avoid contaminating
space and celestial bodies.
2, Conventions and Treaties
Outer Space Treaty
Space activity is legally based on the Outer Space Treaty, the main international treaty.
But space law has become a larger legal field, which includes other international agreements
such as the significantly less ratified Moon Treaty and diverse national laws
The Rescue Agreement
“The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of
Objects Launched into Outer Space”
Signatories agree to take all possible actions to help or rescue astronauts in need, and if
applicable, return them to the nation from which they launched. Additionally, signatories
agree to help return to the sponsoring nation any space objects that land on Earth outside
of the country from which they were launched.
The Moon Agreement
“The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies”
The Agreement states that celestial bodies can only be used for peaceful purposes, that they
should not be contaminated, that the UN should always be made aware of any station on a
non-Earth body, and that if resource mining on the Moon becomes feasible, an international
regime must be established to govern how those resources are obtained and used. The
United States is not a signatory of the Moon Agreement.
The Liability Convention
“The Convention on International Liability for Damage Caused by Space Objects”
Signatories take full liability for any damage caused by their space objects and agree to
standard procedures for adjudicating damage claims.
The Registration Convention
“The Convention on Registration of Objects Launched into Outer Space”
Expanding a space object register, the Convention empowers the UN Secretary-General to
maintain a register of all space objects.
3, Governance
International Cooperation and Treaties:
Space activity is legally based on the Outer Space Treaty, the main international treaty.
But space law has become a larger legal field, which includes other international agreements
such as the significantly less ratified Moon Treaty and diverse national laws.The Outer Space
Treaty may need to be expanded or reinterpreted to provide guidance on governing
extraterrestrial contact and exploration.New multilateral agreements and international
organizations may need to be established to coordinate policies, research, and protocols
related to extraterrestrial engagement.
Intergovernmental Coordination:
Individual nation-states will likely seek to assert their own interests and regulatory authority
over extraterrestrial activities. Mechanisms for intergovernmental coordination,
information-sharing, and conflict resolution would be essential. Questions could arise over
which countries or international bodies should have primary jurisdiction over different
aspects of extraterrestrial affairs.
Planetary Protection Policy
Protocols for protecting Earth's biosphere from potential extraterrestrial contamination
would need to be established and enforced.Issues of environmental impact and
sustainability related to increased human activity in outer space would require governance
frameworks.
Cospar Planetary Protection workshop was held at Princeton University study on preventing
forward contamination on Mars, prospects for finding extraterrestrial life in the solar system,
possible impacts in the long term of contamination and human activities in space, ethical
considerations in space exploration and perspectives on the moral status and ethical
principles related to the value of life and environments, the legal landscape associated with
space exploration, possible approaches to governance and management that blend ethical
and scientific perspectives.
Recommendations
1, An expanded overall framework for COSPAR planetary protection policy/policies is
needed to address other forms of “harmful contamination” than currently addressed
(i.e., biological and organic constituent contamination).
2, Outer Space Treaty should add a separate and parallel policy to provide guidance on
requirements/best practices for protection of non-living/non-life-related aspects of outer
space and celestial bodies.
3, To make progress toward developing and refining the parallel policy described above,
there should be continued study over the next several years of various useful structures and
frameworks that could incorporate scientific input on one end and enforcement on the
other, considering such possible options as
Environmental impact assessments for screening activities on celestial
bodies;
An intergovernmental mechanism for management of space exploration and
use.
Determine appropriate jurisdiction over planetary Eco synthesis or other
modifications (e.g., atmospheric or physical disturbances) where science and
other uses might be threatened or in conflict.
Challenges
1,Common Heritage of Mankind
that outer space must be explored and used for the benefit and in the
interest of all countries is, however, not clear. Although states may have some
common interests, the interests of one country may be disadvantageous for
other states. It is also not clear if benefit-sharing means monetary
compensation, or whether technological knowledge must be practically
transferred and shared, or if it merely means that the use of outer space must
be non-harmful.
2,Commercialisation of Outer space
exploration of outer space has always been hampered by technological and
financial considerations. Because of the tightening of national budgets, states
are increasingly involving private enterprises in space activities such as
exploration and transportation. Diminishing earth resources and also lead to
overpopulation.
3, Boundary of outer space
space flight can be undertaken in only a very limited part of outer space, this
general meaning is too broad for legal purposes. In a legal sense, "outer
space" refers to that part of the universe in which human activities are
practically possible or feasible. Some activities that are based on Earth are,
however, intrinsically linked to outer space activities and the question
remains whether space law should also apply to these activities.
