Space Law

Question 1

What is the Outer Space Treaty 1967?

Answer 1

• The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies
• The Treaty is concerned with “recognising the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,
• Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,
• Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes

Question 2

What does Article 1: Co-operation re Space Exploration say?

Answer 2

“The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interest of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.

• Outer Space, including the Moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.
• There shall be freedom of scientific investigation in outer space, including the Moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.

Question 3

Article II: No Private Ownership - what did this say

Answer 3

“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.

Question 4

What did Article IV state?

Answer 4

“State parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station weapons in outer space in any other manner….”

Question 5

What does Article VIII state?

Answer 5

Articles launched into space remain the property of the State that launched them: Therefore, things from earth that are put in space remain the property of person who owned them on earth- existing earth laws in respect of property ownership continue in space as long as it does not involve something that already exists in space.

Question 6

Asteroids:

Answer 6

• Planetary Resources & Deep Space Industries are two companies which are targeting asteroids for mineral mining.
• Although States cannot own the moon or other celestial bodies in space, the question of commercial exploitation of resources was not directly addressed by the Space Treaty 1967.
• US and Luxembourg: Companies may obtain licences to mine out in space and can then keep their spoils.
• Russia and Brazil: moon and asteroids belong to humanity as one – therefore should not be subject to private profit but should benefit everyone.

Question 7

The U.S Commercial Space Launch Competitiveness Act 2015:

Answer 7

S 513.03:
- ‘‘A United States citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States.’’.

SEC. 403. DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY:
- It is the sense of Congress that by the enactment of this Act, the United States does not thereby assert sovereignty or sovereign or exclusive rights or jurisdiction over, or the ownership of, any celestial body.