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Thursday, October 17, 2024

Global efforts needed to update outdated space laws amid growing commercial ventures

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Peter Salovey President | Yale University

Peter Salovey President | Yale University

Space law remains a developing area within international law, largely due to the historically limited scope of space activities which were predominantly state-led. However, with the rise in commercial space enterprises and national plans for lunar bases, there is an increasing need to update outdated legal frameworks.

The foundational 1967 United Nations Outer Space Treaty emerged during the Cold War, offering basic and vague guidelines aside from security provisions. Although it aimed to establish some level of governance in space activities, its relevance is questioned today as major space-capable states are not parties to subsequent treaties like the UN's 1979 Moon Treaty.

"In an ideal world every member of the international community should be involved in lawmaking for space," notes one expert. Yet, current developments suggest a more fragmented approach may prevail. This is evident as countries make bilateral agreements or form coalitions like those shaping lunar activities.

A notable development in this domain is the United States' Artemis Accords. Since their introduction in 2020, these non-binding norms have attracted signatures from 43 countries. They serve as a framework influencing interpretations of existing treaties such as resource use and safety zones on celestial bodies. Conversely, China has initiated its International Lunar Research Station (ILRS) plan with several nations joining in support.

The establishment of lunar bases brings potential conflicts over resources concentrated around strategic locations like the moon's southern polar region. The presence of water ice and other vital materials heightens tensions among actors aiming to utilize these areas for sustaining long-term human activity.

"The moon is large... but there is a limited set of places to focus on," highlights an expert on future challenges related to sovereignty claims under existing treaties.

Jurisdiction over disputes remains another challenge within space law. "If you think about activities in space," they occur outside established jurisdictions unless states agree otherwise. International arbitration tribunals might play significant roles here given their expertise; however, issues arise when broader societal concerns aren't considered by decision-makers who prioritize private interests or powerful states' agendas alone.

Domestic laws also shape rules governing private actors operating beyond Earth’s atmosphere—exemplified by U.S legislation recognizing property rights through acts like Commercial Space Launch Competitiveness Act (2015). This creates competitive environments where countries vie for hosting such companies based on favorable regulations while risking potential regulatory races toward minimal standards if left unchecked internationally

Additionally addressing defense-related matters involves anti-satellite weapons whose impact extends far beyond direct conflict scenarios: "Anti-satellite weapons are serious issue" requiring thoughtful solutions since debris generated could disrupt global economies significantly without comprehensive agreements limiting testing/proliferation thereof across participating nations’ programs alike whether via accords/ILRS initiatives yet fully realized today

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