Laws and treaties that will govern the first space settlers are already on the statute books. Space
Laws deal with two main issues – those that deal with the (economic) exploitation of space, and those that deal with the governance of colonies in space.
The United
Nations treaty on the Exploration and Use of Outer Space (better known as the Outer Space Treaty) stipulates that:
- The exploration of space shall be carried out for the
benefit of all nations, and for the whole of mankind.
- Celestial bodies (planets, moons, asteroids) cannot belong to any one nation.
- Space research must benefit the people of the earth.
- Nuclear weapons (and other weapons of mass destruction) are forbidden in space.
- Astronauts must be
given whatever assistance is required.
- National governments must accept responsibility for their
activities in space.
- Celestial bodies must not be contaminated with life forms originating from the earth.
- National governments must consult with each other whenever required.
The intent of the Outer Space Treaty is clear – to establish space as a shared resource for the common good of all mankind. However, since the law was formulated, lawyers, politicians and defence experts have all tried to re-interpret it to their own advantage. And given the dual nature of many hi-tech activities, it is difficult to precisely determine which activities are military, and which are not. Military satellites are a case in point. To some extent, it depends on the end-use of the technology. In other words, the Outer Space Treaty will be most effective if nations follow it voluntarily, because there are no easy ways to enforce the bans envisaged by it.
In spite of its limitations, the Outer Space Treaty has given rise to a number of practical, and down to earth, agreements. Still, there are certain thorny legal issues that are yet to be sorted out. Some of these deal with satellites, and how they impinge upon the sovereignty of nations. Adapting the laws of
earth to space, whenever applicable and wherever relevant, is a daunting task still ahead of us.
More abstracts about the Article: In the Matter of Space Law