Space Law

[Gecko1]

I have to right a little paper on Space Law and how the UN should resolve the issue in the face of modern technology.

The problem is that the laws that the UN used to govern space were written some fifty years ago, when the only interest in the cosmos was nuclear weapons platforms. By banning the use of space for weaponry and restricting the ownership of private property this kept the US and the USSR from putting nukes in space.

However now that modern technology has advanced to the point where space can be used for more peaceful endeavors we hit a problem. With the restricted use of personal property investors are skeptical about space development. The old laws are obviously incompatible with the modern technological and political situation. So here's the task at hand, how do we modify space law for the most benefit to mankind and still keep space free and demilitarized?

Here's a link to the document.

Linky

 

[Bill3000]

space law:

everything belongs to the US

law over

 

[Perfection]

WHAT ABOUT RICHARD BRANSON, MR. BILL?

 

[Gecko1]

Go be a jester somewhere else please.

 

[Babbler]

Let's consider the top of the atmosphere as the new amity line, and allow anything goes above. That way, we get prirates ... in space.

 

[Bill3000]

WHAT ABOUT RICHARD BRANSON, MR. BILL?

That beeblebrox impersonator? nope

 

[Perfection]

Go be a jester somewhere else please.

I'M CONFUSED AND SADDENED BY YOUR ACCUSATION!

Certainly you know the importance of Richard Branson to the private space industry!

 

[Nylan]

Space Is Socialist!!!1!!!!11one!!!!!

 

[Perfection]

That beeblebrox impersonator? nope

What about the V.S.S. Enterprise, should that never come into being?

 

[Bill3000]

What about the V.S.S. Enterprise, should that never come into being?

nah it'll be the U.S.S. Enterprise

 

[History_Buff]

I do like the idea of ridiculous, eye-patched and accent using buccaneers taking to the high expanses.

Let us assume for discussions sake that we wish to create the entity of private property in space, and even that areas of space can be exclusively owned.

But before you can go about applying the principles of land ownership to outer space, you have to look at what needs exist among the interested parties. Obviously we can't just divide up space on a 2D grid like we do on Earth; things move too fast, and in 3 dimensions. There are in fact only 5 stable locations like this that exist (Lagrange Points), and even they move - while predictably - constantly. Moreover, we cannot simply project national borders outwards, as that conflicts with the reality that almost all space platforms orbit.

Next, do we really need to carve up space at all? Contrary to my initial assumption, I would say that at this primitive stage we don't, and that guessing as to the needs of future humans will be rather pointless.

Thus, the only option that remains is to designate space the 'common heritage of mankind' as the UN has done with the High Seas. Simple rules regarding what you can't do - notably dumping; space is becoming a rather hazardous environment due to the amount of debris up there - and then create navigational guidelines.

How shall space going vessels report their positions? WGS84 seems like the obvious choice, but I know the Europeans have their own reference system for GALILEO, and I imagine GLONASS operates in a Russian designated reference frame. Beyond that, how shall vessels determine their relative positions? Vessels will be moving a little fast and uncontrollably for optical collision-avoidance, and things could get dicey if you're getting three different positioning locations from your GNSSs. Is GNSS even the best option for positioning (it probably is, so long as you're within their orbital spheres, the DOPs start to get pretty bad once you approach the positioning satellites).

Who has the right of way in orbital paths? Should only one craft be permitted to be occupying a certain altitude and inclination?

These are some simple issues that just popped into my head, all of which you could discuss. But always consider why you are writing the laws, and who's interests need to be considered.

 

[Perfection]

nah it'll be the U.S.S. Enterprise

What about all his funding? IF IT'S GONNA BE U.S.S. INSTEAD, who's payin'?

 

[Shylock]

If an independent organisation or faction set up large scale space operation I doubt any government on Earth can do very much if the spacers want to do their own thing.

 

[Bill3000]

What about all his funding? IF IT'S GONNA BE U.S.S. INSTEAD, who's payin'?

He can still pay, it'll just be in the name of the US like Columbus did for spain!

 

[Perfection]

BUT IF HE CAN'T SLAP HIS NAME ON IT, THEN HE WON'T PAY!

 

[Bill3000]

BUT IF HE CAN'T SLAP HIS NAME ON IT, THEN HE WON'T PAY!

10% cut just like Columbus!

 

[Lockesdonkey]

I actually did some studying up on space law about a year ago (I was on a Model UN simulation of the UN Committee on the Peaceful Uses of Outer Space, or UNCOPUOS), and in point of fact, the Outer Space Treaty does not explicitly forbid private property in space. It only forbids Earthbound states from asserting sovereignty over any individual parcel of empty space or plot of extraterrestrial land. Now, the wording of the Treaty was such that most space law experts say that it had the side effect of the Moon a res communis, i.e. not subject to private property. However, this point is more or less moot with regard to space stations, since space stations are arguably more like ships in the sea, or perhaps oil platforms if you want to be real nitpicky.

In any case, this should only become a concern once space colonization becomes a serious option. At that point, it will be necessary to consider what these things mean. I would argue that for colonization of celestial bodies, the best way of proceeding is revival of the Trust Territory system, whereby a Trustee power would be given temporary rule over a patch of the body in question until that patch has enough colonists to constitute a sovereign, self-governing state. In other words, rather than being a form of soft [wiki]exploitation colonialism[/wiki] (like the original Trusteeship System), it would be a highly organized form of [wiki]settler colonialism[/wiki].

 

[bhsup]

As of this moment, The Collective Martian Colonies withdraw from the Earth Alliance. We will remain independent until the criminal organization now holding Earth hostage, the UN, is disbanded in perpetuity.

CELESTIAL BODIES RIGHTS!!!

 

[Winner]

Let's consider the top of the atmosphere as the new amity line, and allow anything goes above. That way, we get prirates ... in space.

Hardly. Only if the pirates were billionaires doing it for fun, because nobody else could afford launching his own space pirate ship.

Thank God, the mechanics of travelling in space makes it almost impossible to do piracy in space

 

[Harbringer]

Hardly. Only if the pirates were billionaires doing it for fun, because nobody else could afford launching his own space pirate ship.

Thank God, the mechanics of travelling in space makes it almost impossible to do piracy in space

UMMMM SCUZE ME?!!? PIRATES STEAL SHIPS NOT BUILD THEM KTHXBIE