Space exploration raises challenges on various issues, while Space Law helps to cover legal gaps. The Space Age beginning with the 1957 Sputnik launch by Soviet Russia, brought home the need for Space Laws, followed by the Apollo Mission’s Moon landing in 1969.
With 50 countries now active in space, they are governed by 5 international treaties. Space Law answers confusing questions like who ownership of land on asteroids/planets or who could mine an asteroid. Each country has its airspace, and aircrafts require over-fly permissions to over foreign countries. This becomes contentious when satellites are concerned as they orbit the earth at a height of 160km; till it was decided that a country’s sovereignty doesn’t apply at that altitude. With companies taking tourists to outer space, commercial activities proliferating, nations exploring Martian surfaces and mining of asteroids, becoming possible, who possesses commercial rights to profit from such exploits?
Laws applicable for crimes committed in space
Prosecution of space crimes committed, have clear guidelines. Minor offenses like theft or vandalism on-board spacecrafts, is prosecuted by the country owning the craft. The Outer Space Treaty was signed in 1967, to ensure outer space remains open for all countries with none claiming sovereignty. Governments can use space for peaceful purposes and liable for damages caused by spacecrafts and tools. The treaty ratifies nil borders or weapons in space. As per Outer Space Treaty terms, any astronaut committing crimes on the Moon is subject to extra-territorial jurisdiction with laws of the astronaut’s specific country applying to the Moon with some changes for the International Space Station Agreement in 1998, with each astronaut’s laws on ISS applied as per laws of extraterritorial jurisdiction.
Mining Rights in outer space
The Moon Agreement about the exploration and use of the Moon became law in 1984. Signatories agreed that the Moon and all its natural resources, either on the surface or below it, are the common properties of all mankind. It cannot belong to just ome person or government. According to the agreement, the exploitation of the Moon’s natural resources requires the establishment of an international body to govern their safe development, management, and exploitation. If space mining is conducted on the Moon or on asteroids, space laws regulating the economics and environmental laws, are needed for mining operations.
Responsibility for rescuing stranded astronauts
The Rescue Agreement came into being in 1968 and signatories were to be held responsible to help stranded astronauts, rescue and their safe return back to their country and is applicable to space objects landing on earth, for return to their country of launch.
Conclusion
Commercial activities in space require a clear legal framework, because when the Outer Space Treaty was signed in 1969, private companies weren’t involved. The USA Competitiveness Act, 2021 allows licensed American citizens to exploit space-based resources by mining and commercial sales and observing space laws. Luxembourg agrees about space resources being global commons and private entrepreneurs have nil ownership of areas mined. This law violates the Outer Space Agreement and Russia, Brazil and Belgium, disagree as commercial exploitation of space must necessarily benefit all humans, subject to international rules. Space Law is increasingly relevant as private companies move to exploit space resources and for tourism. Further, legal considerations are required as humans consider colonizing Mars, soon.