Asteroid Futures

Author(s):  
Nicholas Baldwin ◽  
Amy Lynn Fletcher

This chapter evaluates the emerging industry of asteroid mining and the pivotal role of the United States in shaping the new rules for an extra-terrestrial economy. The Outer Space Treaty 1967 (OST) governs the use of space, with over 100 signatories, including the United States and China. However, as space exploration expands to encompass both public and private stakeholders, there is a growing international debate about whether the OST's provisions prohibit the assertion of sovereignty and, hence, property rights, in outer space. With the Commercial Space Launch Competitiveness Act (2015), the United States has pursued a legal framework that facilitates commercial asteroid mining and a political strategy that focuses on bilateral space exploration agreements with countries such as Luxembourg, Italy, and the United Arab Emirates. Due to its dominant position in the space sector, the United States will strongly influence the regulatory roadmap for the era of Space 2.0.

Author(s):  
Lūcija Strauta ◽  

The paper assesses whether the national legal framework of the United States, Luxembourg and the United Arab Emirates, which stipulates that space resources can be privately owned, and legalizes the acquisition of space resources for commercial purposes, complies with international space law. The article analyses the scope of space use delineated by the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, as well as the subsequent national practices after the entry into force of these agreements, national space law, national policies and public statements. The aim of the analysis is to determine whether international space law contains a prohibition of the extraction and commercial exploitation of space resources. The study evaluates national comprehensions of the space law content with regard to the freedom to use space. It yields a conclusion that there is no absolute ban on the commercial exploitation of space resources under international space law.


This chapter introduces the ratification by member states and main contents of the 1967 Outer Space Treaty (Title: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies). Furthermore, the author explains the reason it the contents of the 1967 Outer Space Treaty should be amended. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 225-232
Author(s):  
Михаил Владимирович ЕЛИЗАРОВ

This paper examines the efficiency of the international legal framework governing activities of States in outer space in view of the existing gaps within it allowing for space weaponization and the use of force in outer space. Purpose: the paper attempts to answer the following question – is there a clear line between peaceful exploration and militarization of outer space, and is it legally permissible to deploy anti-satellite and anti-missile systems in outer space? Methods: the study employs general scientific methods, legal interpreting and forecasting. Results: the following conclusions have resulted from the study: the 1967 Outer Space Treaty does not cover potentially harmful activities of States in outer space; there is no general agreement on the definition of «space weapon»; the line that's drawn between peaceful space exploration and militarization appears to be blurry; the emphasis in understanding the term «peaceful» has shifted towards the meaning of «non-aggressive»; non-aggressive military uses of space allow for the deployment of defensive weapon systems in  space.


Politeja ◽  
2018 ◽  
Vol 15 (53) ◽  
pp. 45-71
Author(s):  
Rafał Kopeć

Anti‑Satellite Weapons. Into the Second Era of Space MilitarizationOuter space has been used for military purposes since the beginning of space exploration. Hitherto, the space militarization process has mainly included diverse applications of satellites (reconnaissance, navigation and positioning, communication). Nowadays, a dynamic development of the anti‑satellite weapons is carried out. This process will have a tremendous impact on the perspectives of subsequent military space exploitation, and on the broadly perceived strategic balance, first of all among the so‑called cosmic triangle, that is the United States, China and Russia. The article looks at the dimensions of the space militarization (including weaponization), the typology and characteristics of anti‑satellite weapons, brief history of the development of these weapons and recent accomplishments in that field. The text discusses also the strategic implications of the space weaponization, particularly those related to the proliferation of anti‑satellite weapons and the end of outer space as a „sanctuary”.


Author(s):  
Edmund J. Zolnik

The internationalization of Big Science programs such as the Human Genome Project to map the human genome heralds the arrival of a new model for knowledge-based urban development driven by scientific advancements in biotechnology. Indeed, the biotechnology industry is a potent engine for knowledge-based urban development around the globe. While the most famous example of biotechnology-driven knowledge-based urban development is Biopolis in Singapore, the National Capitol region of the United States is home to an emerging biotechnopole known as DNA Valley. Using a case study approach to compare and contrast DNA Valley with past examples of knowledge-based urban development in the United States, this chapter highlights the challenges for sustainable knowledge-based urban development in the global biotechnology industry and the practical steps public and private stakeholders can adopt to sustain knowledge-based urban development based on biotechnology.


Author(s):  
Tanja Masson-Zwaan ◽  
Roberto Cassar

The creation of space law is rooted in the aftermath of the Cold War. The two world powers of the time—the United States and the USSR—joined forces in the UNCOPUOS (UN Committee on the Peaceful Uses of Outer Space) to introduce law to outer space and ensure that the use and exploration of this domain was conducted for peaceful purposes. Against this backdrop, the negotiations underlying the drafting of the Magna Carta of outer space—the Outer Space Treaty—demonstrate how these two world powers set aside various political differences in order to reach a legal compromise for the benefit of the world as a whole. Today, half a century after this milestone, the landscape of the use and exploration of outer space has changed dramatically, particularly in terms of the technology involved. As a result, the question is whether international space law and UNCOPUOS are still able to provide a relevant framework within which the peaceful use and exploration of outer space can progress.


Author(s):  
Mary Donnelly ◽  
Jessica Berg

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.


2001 ◽  
Vol 14 (4) ◽  
pp. 789-828
Author(s):  
Keith Wilson

The United States is abrogating the Anti-Ballistic Missile Treaty in order to deploy a limited missile defence shield. Amongst other developments, this is prompting a reconsideration of the global security framework. However, a crucial element is missing from the current missile defence proposals: a clearly articulated concept of peaceful use, applicable both to outer space and to earth-space. The deployment of missile defence runs counter to emerging norms. It has effects going far beyond the abandonment or re-configuration of specific Cold War agreements. In a community of nations committed to the maintenance of international peace and security (cf. national or plurilateral security), sustainable meaning for widely used and accepted norms of peaceful use and peaceful purposes is at risk.


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