Air and Space Law Commons^™

Ad Astra: Now Is The Time To Allow States To Claim Territory In Space, John Swansinger

Cleveland State Law Review

The Outer Space Treaty is based on the idealistic principle that space is the common heritage of mankind and prohibits the acquisition of territory by states in space. However, as space becomes increasingly accessible, this principle has come under threat. Private actors and more developed states are far more capable of accessing space than less developed states. Accordingly, these developments have threatened the basic ideals of the Outer Space Treaty that a vast majority of states have agreed to. This Note will introduce and explore the background and development of the Outer Space Treaty to explain these idealistic principles and …

Transnational Accountability For Space Debris As A Precursor To Maintaining Peace In Outer Space, Bella Alonzo

The International Law Review Association Student Forum

Beginning with the Space Age in the 1950s, space exploration has accelerated exponentially as humans on Earth are continuously drawn to the mystery and opportunity that lies in outer space. The United States (“U.S.”) and the Soviet Union led the charge in space discovery throughout the “Space Race,” and once other countries saw the value in developing the technology to utilize space as a resource, multiple nations followed suit. While the U.S. and Russia retain the most dominant presence in outer space, other global superpowers like China, India, and Japan have exhibited competitive capabilities.

International Space Law Under The Trump Administration: Commerce And Security, Melissa (M.J.) Durkee

Scholarship@WashULaw

Early themes of the second Trump administration's orientation toward international space law include military assertiveness, privatization, and nominal diplomatic engagement. These themes carry significant implications for international space law. They pressure longstanding international legal ambiguities, widen existing geopolitical divisions, and raise questions about how public-private interdependence will shape state responsibility and the development of norms in space. This essay was prepared for a special issue of the American Journal of International Law that offers an introduction and overview of the U.S. government's actions across a wide range of international legal issues in the first six months of President Trump's second …

Towards A New Orbit: Addressing The Legal Void In Space Mining, Rebekah Shields

American University International Law Review

As the world’s technologies and capabilities to participate in space mining continue to progress at a rapid rate, the international community must consider what steps are necessary to maintain safety and peace in a largely unregulated field. Accordingly, this Comment will argue that when major spacefaring nations inevitably pass legislation allowing the ownership of space resources, they will be in violation of Article II of the Outer Space Treaty which prohibits the appropriation of celestial bodies by any state.

Part II will begin with an overview of the natural resources that exist in space by highlighting the economic and societal …

Repurposing The United Nations Trusteeship Council To Govern The Establishment Of Outer Space Settlements, Andrew Wulf

Northwestern Journal of International Law & Business

Current existing international law and treaties on outer space do not address or regulate private actors’ property claims or human settlements in outer space. American companies such as SpaceX and Blue Origin, as well as countries like the United States, Russia, and China, are seeking to create colonies on the Moon and Mars. However, there is no international legal authority to allow or regulate this. In order to legitimize and control this impending outgrowth of human settlements, this paper proposes that the U.N. Trusteeship Council be repurposed to govern non-state actors’ claims of outer space property.

First, this paper explains …

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

Lost In Space: An Exploration Of The Current Gaps In Space Law, Katherine Latimer Martinez

Seattle Journal of Technology, Environmental, & Innovation Law

Since the 1960’s the international community has made huge advancements in technology and space exploration. However, since that time, the legal and regulatory system governing such advances and exploration has not matched the course. The body of law governing outer space exploration and resources has failed to keep up with advances in the industry. Individual countries, originally thought to not have spacefaring capabilities, are now major contributors to the future of space exploration, each with its own regulatory system. Furthermore, over time there has been an increase in the presence and influence of private companies over the research and development …

In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey

Georgia Journal of International & Comparative Law

No abstract provided.

Space Governance 3.0, Brian R. Israel

Georgia Journal of International & Comparative Law

No abstract provided.

Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy

Georgia Journal of International & Comparative Law

No abstract provided.

New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen

Georgia Journal of International & Comparative Law

No abstract provided.

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Georgia Journal of International & Comparative Law

No abstract provided.

Consolidating Space: A Proposal To Establish A Central Forum For The Settlement Of Space-Related Disputes, Matthew J.P. Horton

Vanderbilt Journal of Entertainment & Technology Law

Over sixty years have passed since the Soviet Union launched Sputnik 1 into Earth's orbit. In that time, humanity's presence in space has flourished as technology advanced and new actors entered the scene. Despite this progress, the regime upon which the world relies to resolve space disputes has hardly changed in the fifty years of its existence. As private enterprise floods into the final frontier, how humanity will resolve the inevitable, extraterrestrial disputes is becoming a pressing concern.

The Outer Space Treaty establishes three fundamental principles of space law: (1) space is sovereignless, (2) space exploration and use must be …

The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers

Indiana Journal of Global Legal Studies

"Space law," much like outer space itself, still remains largely un­navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …

The Other Space Race: Some Law And Economics Of Celestial Resource Appropriation, Alexander W. Salter

Georgia Journal of International & Comparative Law

No abstract provided.

Exoatmospheric Plowshares: Using A Nuclear Explosive Device For Planetary Defense Against An Incoming Asteroid, David A. Koplow

Georgetown Law Faculty Publications and Other Works

What should be done if we suddenly discover a large asteroid on a collision course with Earth? The consequences of an impact could be enormous—scientists believe that such a strike 60 million years ago led to the extinction of the dinosaurs, and something of similar magnitude could happen again. Although no such extraterrestrial threat now looms on the horizon, astronomers concede that they cannot detect all the potentially hazardous “near-Earth objects,” and even more striking, they acknowledge that if such a danger were discerned, there is currently no proven capability for diverting or destroying it.

One possible response to this …

Interstitial Space Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts and beliefs that can be attributed to it. I call this “attributed lawmaking.”

Consider the new commercial space race. Innovators like SpaceX and Blue Origin seek a permissive legal environment. A Cold-War-era treaty does not seem adequately to address contemporary plans for space. The treaty does, …

Space, The Final Frontier Of Enterprise: Incentivizing Asteroid Mining Under A Revised International Framework, Jack Heise

Michigan Journal of International Law

This Note argues that the Outer Space Treaty (the “OST”) should be modified to provide explicit permission for private entities to engage in asteroid mining while maintaining the principles of international peace and cooperation that the treaty espouses as the core of the framework governing outer space. Part I explores the current state of asteroid mining with reference to the current objectives of companies conducting missions in this realm. Part II examines the OST as applied to the enterprise of asteroid mining by private companies. Part III considers the benefits and drawbacks of various regulatory schemes to govern asteroid mining. …

Who Owns The Moon? A Space Lawyer Answers, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Most likely, this is the best-known picture of a flag ever taken: Buzz Aldrin standing next to the first U.S. flag planted on the Moon. For those who knew their world history, it also rang some alarm bells. Only less than a century ago, back on Earth, planting a national flag in another part of the world still amounted to claiming that territory for the fatherland. Did the Stars and Stripes on the moon signify the establishment of an American colony?

When people hear for the first time that I am a lawyer practicing and teaching something called “space law,” …

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from …

The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens

International Law Studies

In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In …

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …

Arms Control Provisions In The Outer Space Treaty: A Scrutinizing Reappraisal, Stephen Gorove

Georgia Journal of International & Comparative Law

No abstract provided.

Prospects For The Demilitarization Of The Manned Space Station, Hamilton Desaussure

Akron Law Review

An incremental approach to the complete disarmament of outer space could continue with the prohibition of any type of military activity on board earth orbiting manned space stations. The U.S. and the USSR are committed to placing such stations in permanent orbit within the next decade. An international agreement giving demilitarized status to them would be a major achievement.

Article IV of the Outer Space Treaty prohibits the establishment of military bases, installations, and fortifications on the moon and other celestial bodies. Manned space stations in earth orbit should be subject to the same limitations, with military personnel permitted for …

Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.

International Law And The Uses Of Outer Space, By J. Fawcett, L. F. E. Goldie

Indiana Law Journal

No abstract provided.

Lunar Reflections -- On The Jessup Cup, M. Elizabeth Culbreth

Vanderbilt Journal of Transnational Law

A hit from some years ago -- "The moon belongs to every-one" -- came to have special significance for a group of Vanderbilt Law students during the spring of 1967. For the members of the Vanderbilt International Moot Court Team under the guidance of their faculty advisor, Professor Harold Maier, researching, understanding and articulating the international legal arguments on both sides of that musical thesis became the sport of the day. Happily, their endeavors were rewarded on April 29, when Vanderbilt won the National Championship by defeating the team from Harvard Law School in the final round of the fifth …