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International Space Law

  • Writer: Správne Právne
    Správne Právne
  • Nov 24, 2024
  • 4 min read

Dear reader,

This time we're going to concern ourselves with space law. It is always international to some degree as countries cannot own space itself, only spacecrafts (or space stations, like the ISS – International Space Station and the TSS – Tiangong Space Station). How, then, if at all, do we prosecute crime done in space?


What Is the Definition of Space Law?

It is a branch of law that concerns itself with, and regulates, all space related activity. Whether that is in space directly or, for example, a rocket launch on Earth.

It has a lot of intersections with other disciplines/areas:

  • environmental impact (spacecraft launches, waste in the Earth's atmosphere etc.)

  • commercial exploitation of space (exploitation of raw materials from asteroids, comets and other space objects etc.)

  • military technology

  • dispute settlement (mediation and conflict resolution as a subdiscipline of law)

  • criminal law practice (violent, financial or other types of crimes that fall under criminal law)

Why Do We Need Space Law?

As outer space activities are likely to become increasingly important & common both in the public and private sector, the importance of space law will increase proportionally. To make this process safe for everyone involved as well as the public regulations should be created and enforced.



A Brief History of the Development of Space Law in the 20th Century

Many consider the work of a Czech jurist Vladimir Mandl in the 1930s to be the earliest serious development of space law. He is the author of what is known as the first stand-alone treatise (a piece of formal writing similar to a paper or a thesis) – The Problem of Interstellar Transport, 1932 (Problem mezihvězdné dopravy).


Theodore von Kármán, the Hungarian-born American engineer, mathematician and pioneer in aeronautics and astronautics was invited to direct the Guggenheim Aeronautical Laboratory at the California Institute of Technology (GALCIT) and of the Guggenheim Airship Institute at Akron, Ohio in 1930. He then went on to be a major figure in the astronautical industry and academia.


The boundary separating the Earth's atmosphere and outer space is, in fact, named the Kármán line, after the scientist. It is not very well defined, but is generally thought to be about 80-100 km above the mean sea level.

In 1936 Kármán hosted a meeting that led to the creation of Aerojet (1942) – a company that manufactured rockets and missile propulsion. He was joined by multiple experts in the field, notably Andrew G. Haley.


Haley was an American lawyer, considered by many to be the first practitioner of space law. In 1963, he published Space Law and Government – a foundational textbook on space law which is still highly regarded nowadays. Haley also coined the term Metalaw. Metalaw is now a field of law that concerns itself with relationships between different races in the universe. It is closely tied to the scientific Search for Extraterrestrial Intelligence (SETI).


The Space Race In the Context of Space Law and Regulation

The Space Race started in the 1950s as an arms race between the two world superpowers at the time – the US and the USSR. After WWII, the world realised the power and importance of rocket technology. The two superpowers aimed to create the most advanced technology that could be used at times of war. Both countries developed their own intercontinental ballistic missiles and then moved on to space technology, and thus, the Space Race was born.


In 1959 the United Nations Committee on the Peaceful Uses of Outer Space was established. Eventually, two subsidiary bodies were created:

  • The Scientific and Technical Subcommittee

  • The Legal Subcommittee


A year later, the International Astronautical Congress took place and resulted in a number of General Assembly (of the UN) Resolutions:


Treaties Regulating Space and What They Were About

1963 Partial Test Ban Treaty – Forbade the testing of nuclear weapons in the atmosphere, outer space and under water. We can assume this was because such testing might contaminate these places or cause seismic activity that could result in additional damage.

1967 Outer Space Treaty – Outlines general regulations for the activities of states in exploration and use of outer space.

1967 Rescue Agreement – Gives regulations in the case of rescue of astronauts and the return of objects from outer space. Entered into action in 1968.

1972 Liability Convention – Sets out the rules for international liability for damage caused by objects in outer space and on Earth. For example, the country that launches a space craft is responsible, and has to compensate, for all damage the spacecraft causes.

1974 Registration Convention – Presents rules for all stages of registration and documentation of objects (eg. spacecrafts, satellites, probes,...) launched into outer space. Entered into action in 1984.

1979 Moon Treaty – After the moon landing, the need for regulations of activities on the Moon and other celestial bodies was felt. The Treaty entered into action in 1984. Some see it as a failure as it only had 18 party states. According to this treaty, it is, for example, forbidden to have military conflicts on celestial bodies.


Current Space-related Projects of Major Space Programs

Artemis – The goal is to establish the first long-term presence of humans on the Moon whilst exploring it for scientific development.

Europa Clipper – Will conduct reconnaissance of Jupiter's moon Europa to see whether the icy moon harbours conditions suitable for life. The probe's launch is planned for October 2024.

China's Space Program

Qianfan Constellation – The construction of a 14 000 satellite network. This month the first 18 satellites were launched into space.

Chang'e-6 – A mission with the objective to collect, and bring back, lunar samples from the unexplored far-side of the Moon. It was conducted earlier this year, with success.

I hope that you enjoyed the blog. Do you think space law is something that pertains to all of humanity? Let me know in the comments. Until we read again.


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