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Encyclopedia > Space law

Space law is an area of the law that encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space," although most lawyers agree that outer space generally begins at the lowest altitude above sea level at which objects can orbit the Earth, (approximately 100 km). The inception of the field of space law began with the launching in October of 1957 of the world's first satellite, the Union of Soviet Socialist Republic's Sputnik. In 1958, U.S. President Dwight D. Eisenhower and Soviet Premier Nikita Khrushchev each asked the United Nations to consider the legal issues associated with space activity. The U.N. subsequently created the Committee on the Peaceful Uses of Outer Space ("COPUOS"). COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee. The COPUOS Legal Subcommittee has been the primary forum for discussion and negotiation of international agreements relating to outer space. See also Wikipedias Law Portal. ... This article or section is missing references or citation of sources. ... This article or section seems not to be written in the formal tone expected of an encyclopedia entry. ... Earth (often referred to as the Earth, or the earth) whose Latin name is Tellus (often incorrectly referred to as Terra, meaning soil) is the third planet in the solar system in terms of distance from the Sun, and the fifth largest. ... Motto: Пролетарии всех стран, соединяйтесь! (Transliterated: Proletarii vsekh stran, soedinyaytes!) (Russian: Workers of the world, unite!) Anthem: The Internationale (1922-1944) Hymn of the Soviet Union (1944-1991) Capital Moscow Largest city Moscow Official language(s) None; Russian de facto Government Federation of Soviet Republics Establishment October Revolution  - Declared 30 December 1922   - Recognized 1... Sputnik 1 The Sputnik program was a series of unmanned space missions launched by the Soviet Union in the late 1950s to demonstrate the viability of artificial satellites. ... The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... Dwight David Ike Eisenhower (October 14, 1890 – March 28, 1969) was an American soldier and politician. ... Premier of the Soviet Union is the commonly used English term for the offices of Chairman of the Council of Peoples Commissars of the USSR (Председатель Совета Народных Комиссаров СССР) (1923-1946) and Chairman of the Council of Ministers of the USSR (Председатель Совета Министров СССР) (1946-1991), who... Nikita Khrushchev in 1962 Nikita Sergeyevich Khrushchev (Russian: Ники́та Серге́евич Хрущёв) (nih-KEE-tah khroo-SHCHYOFF) (April 17, 1894 – September 11, 1971) was the leader of the Soviet Union after the death of Joseph Stalin. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) was established in 1958 (shortly after the launch of Sputnik) as an ad hoc committee. ...

Contents


International Treaties

Five international treaties have been negotiated and drafted in the COPUOS: the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (the "Outer Space Treaty"), the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement"), the 1973 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention"), the 1976 Convention on Registration of Objects Launched Into Outer Space (the "Registration Convention"), and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies ("the Moon Treaty"). The Outer Space Treaty is the most widely-adopted treaty, with 98 parties. The Rescue Agreement, the Liability Convention and the Registration Convention all elaborate on provisions of the Outer Space Treaty. U.N. delegates apparently intended that the Moon Treaty serve as a new comprehensive treaty which would supersede or supplement the Outer Space Treaty, most notably by elaborating upon the Outer Space Treaty's provisions regarding resource appropriation and prohibition of territorial sovereignty. The Moon Treaty has only 12 parties, and many consider it to be a failed treaty due to its limited acceptance. The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies also known as the Outer Space Treaty (the Treaty), was opened for signature in the United States, the United Kingdom, and the Soviet Union (the three...  signed and ratified  only signed The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement is an international treaty that turns jurisdiction of all heavenly bodies (including the orbits around such bodies) over to the international community. ... The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies also known as the Outer Space Treaty (the Treaty), was opened for signature in the United States, the United Kingdom, and the Soviet Union (the three...  signed and ratified  only signed The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement is an international treaty that turns jurisdiction of all heavenly bodies (including the orbits around such bodies) over to the international community. ...


Consensus

The COPUOS operates on the basis of consensus, i.e. all committee and subcommittee delegates must agree on treaty language before it can be included in the final version of a treaty, and the committees cannot place new items on their agendas unless all member nations agree. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is because it is easier to achieve consensus when language and terms are vague. In recent years, the COPUOS Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement, and it is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many spacefaring nations seem to believe that discussing a new space agreement or amendment of the Outer Space Treaty would be futile and time consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely.


1998 Agreement

In addition to the international treaties that have been negotiated in the United Nations, the nations participating in the International Space Station have entered into the 1998 Agreement among the Government of Canada, Governments of the Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of Amercia Concerning Cooperation on the Civil International Space Station (the "Space Station Agreement"). This Agreement provides, among other things, that NASA is the lead agency in coordinating the member states' contributions to and activities on the space station, and that each nation has jurisdiction over its own module(s). The Agreement also provides for protection of intellectual property and procedures for criminal prosecution. This Agreement may very well serve as a model for future agreements regarding international cooperation in facilities on the Moon and Mars.


National Law

Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty requires parties to authorize and supervise national space activities, including the activities of non-governmental entities such as commercial and non-profit organizations. The Outer Space Treaty also incorporates the U.N. Charter by reference, and requires parties to ensure that activities are conducted in accordance with other forms of international law such as customary international law (the custom and practice of states). The advent of commercial space activities beyond the scope of the satellite communications industry, and the development of many commercial spaceports, is leading many countries to consider how to regulate private space activities. The challenge is to regulate these activities in a manner that does not hinder or preclude investment, while still ensuring that commercial activities comply with international law. The developing nations are concerned that the spacefaring nations will monopolize space resources.


The Future of Space Law

While this field of the law is still in its infancy, it is in an era of rapid change and development. Arguably the resources of space are infinite, and limited only by our ability to use them in a manner that is fair and equitable to all nations. If commercial space transportation becomes widely available, with substantially lower launch costs, then all countries will be able to directly reap the benefits of space resources. In that situation, it seems likely that consensus will be much easier to achieve with respect to commercial development and human settlement of outer space.


History

U.S. President Dwight D. Eisenhower introduced the concept in 1957, in connection with disarmament talks, and the launch of the first Russian space satellite. The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... Dwight David Ike Eisenhower (October 14, 1890 – March 28, 1969) was an American soldier and politician. ... 1957 (MCMLVII) was a common year starting on Tuesday of the Gregorian calendar. ...


Multilateral treaties

  • The nuclear test ban treaty of 1963 banned the test of nuclear weapons in outer space.
  • The Outer Space Treaty of 1967 (full name: The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies) governs the activities of states in space exploration.
  • The rescue agreement of 1968 (The Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into space).
  • The liability convention of 1972 (the Convention on international liability for damages caused by space objects) deals with damages caused by space objects.
  • The registration convention of 1976 (the Convention on the registration of objects launched into outer space) covers the registration of objects launched in outer space.
  • The Moon Treaty of 1984 (the Agreement governing the activities of states on the Moon and other celestial bodies) deals with the activities of states on the moon and other bodies.

The years of the different conventions and agreements indicate when they have entered into force. The Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water, often abbreviated as the Partial Test Ban Treaty (PTBT), Limited Test Ban Treaty (LTBT), or Nuclear Test Ban Treaty (NTBT), although the former also refers to the Comprehensive Test Ban Treaty (CTBT), is a treaty... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies also known as the Outer Space Treaty (the Treaty), was opened for signature in the United States, the United Kingdom, and the Soviet Union (the three... 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar (the link is to a full 1967 calendar). ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... 1976 (MCMLXXVI) was a leap year starting on Thursday. ...  signed and ratified  only signed The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement is an international treaty that turns jurisdiction of all heavenly bodies (including the orbits around such bodies) over to the international community. ... 1984 (MCMLXXXIV) was a leap year starting on Sunday of the Gregorian calendar. ...


External links

  • Space Law Probe
  • Overview of space law (in German)
  • International Space Law

  Results from FactBites:
 
Space law - Wikipedia, the free encyclopedia (1010 words)
Space law is an area of the law that encompasses national and international law governing activities in outer space.
The inception of the field of space law began with the launching in October of 1957 of the world's first satellite, the Union of Soviet Socialist Republic's Sputnik.
The advent of commercial space activities beyond the scope of the satellite communications industry, and the development of many commercial spaceports, is leading many countries to consider how to regulate private space activities.
Air and Space Law (1114 words)
Space law developed into a topic which was to be covered frequently by Soviet researchers in Russia and its satellite states.
The Outer Space Treaty dates from 1967, an elaboration resulted in the 1979 Moon Agreement in which international use of the moon and exploration of its resources in particular were addressed.
Today's space law is one of the newest branches on the tree of international law and follows developments in space technology.
  More results at FactBites »


 

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