Human spaceflight without change to International Space Law will remain very much the same. The Outer Space Treaty, the Liability Convention and Rescue Agreement remain an essential element to all space activities. Luckily, the application of these treaties was considered to allow some form of the evolutionary process in their interpretation. This paper will discuss the use of these treaties to the question of human spaceflight; what obstacles may be produced; and how humanity at an international level can adhere to the law, while forming a mutually cooperative approach to space governance. As the United Nations has stood the test of time, this paper will assume that the UN elements of space governance will remain. This paper will argue that with the delegation of activities to an international body, such as UNOOSA, spaceflight and sustainable living on celestial bodies may be possible. The approach of this paper will be to focus on the national and multinational agencies such as NASA and ESA, which are proactive and holding their weight in space governances. This paper will, therefore, examine the international view, with a more focused approach on corporations and multinational agencies. Space colonization is the forefront of visionaries such as Elon Musk, who view Mars as their destination. At today's rate, the likelihood of closer platforms such as the Moon and larger habitable stations such as the ISS may be afforded as more reasonable as a first stage colonization experiment before Mars. This paper will consider the positive approach to living in closer proximity to Earth and what is needed to fuel such a drive to live in a sustainable environment on the Moon and in orbit. The future element of Mars will be hypothesis-based humanity being able to agree and focus on these 'forward stations' in the first attempt of colonization. It is therefore proposed that this paper will consider all the above with a focus on space governance, technology advancement and nearby space colonization with the forward concept of widespread expansion for the betterment of humanity.
| Published in | American Journal of Aerospace Engineering (Volume 9, Issue 1) |
| DOI | 10.11648/j.ajae.20220901.12 |
| Page(s) | 14-27 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2024. Published by Science Publishing Group |
Spaceflight, International Law, Space Law
| [1] | Alexandra Witze, ‘NASA Cuts to Europa Mission Anger Planetary Scientists' (Nature, 2019) https://www.nature.com/articles/d41586-019-00945-w (accessed 21/4/2020). |
| [2] | Alexandra Witze, 'SpaceX to Launch Astronauts — and a New Era of Private Human Spaceflight' (Nature, 2020) https://www.nature.com/articles/d41586-020-01554-8 (accessed 27/5/2020). |
| [3] | Alan Steinberg, 'Nfluencing Public Opinion of Space Policy: Programmatic Effects Versus Education Effects' (2013) 11 Astropolitics 187. |
| [4] | Alexandre Meurisse and others, 'Preface to the Special Issue on "Space Resources"' (2020) 185 Planetary and Space Science 104894 https://doi.org/10.1016/j.pss.2020.104894 (accessed 15/09/2020). |
| [5] | Andrew Wade Dawson et al., "Humanity and Space," Worcester Polytechnic Institute, 2011, 1–84. |
| [6] | Antonella Forganni, 'The Potential of Space Tourism for Space Popularisation: An Opportunity for the EU Space Policy?' (2017) 41 Space Policy 48 http://dx.doi.org/10.1016/j.spacepol.2017.04.005 (accessed 17/09/2020). |
| [7] | Armel Kerrest, Lesley Jane Smith, Article VII, in: Stephan Hobe, Bernhard Schmidt-Tedd, Kai-Uwe Schrogl (eds), Cologne Commentary on Space Law—vol. 1: Outer Space Treaty, 2010, p. 140. |
| [8] | Austin Smiley, 'How Do Economic and Political Factors Affect NASA Funding?' (2013) 21 The Park Place Economist 109. |
| [9] | Azam Shaghaghi and Konstantinos Antonakopoulos, 'The Societal Impacts of a Mars Mission in the Future of Space Exploration' (2012) 38 Physics Procedia 176 http://dx.doi.org/10.1016/j.phpro.2012.08.021 (accessed 6/6/2020). |
| [10] | Benjamin Wormald, 'Americans Keen on Space Exploration, Less so on Paying for It' (Pew Research Center, 2014) https://www.pewresearch.org/fact-tank/2014/04/23/americans-keen-on-space-exploration-less-so-on-paying-for-it/ (accessed 6/6/2020). |
| [11] | Bouchey M and Delborne J, 'Redefining Safety in Commercial Space : Understanding Debates over the Safety of Private Human Space Flight Initiatives in the United States' (2014) 30 Space Policy 53 http://dx.doi.org/10.1016/j.spacepol.2014.03.002 (accessed 14/5/2020). |
| [12] | Carrie Anne, Mal Jason and Curtis J Sullivan, 'Public Perceptions of Private Space Initiatives : How Young Adults View the SpaceX Plan to Colonise Mars' [2019] Space Policy 101358 https://doi.org/10.1016/j.spacepol.2019.101358 (accessed 28/3/2020). |
| [13] | Cassandra Steer, ‘Who Has the Power? A Critical Perspective on Space Governance and New Entrants to the Space Sector,’ Ga. J. Int' l & Comp. L. 48 (2020): 751–59. |
| [14] | Chang and Chern, ‘Ups and Downs of Space Tourism Development in 60 Years from Moon Register to SpaceShipTwo CRASH.’ |
| [15] | Chelsea Gohd, 'Stephen Hawking Says Humans Must Leave Earth Within 600 Years'. |
| [16] | COSPAR, ‘COSPAR Panels’ (2019) https://cosparhq.cnes.fr/scientific-structure/panels/ (accessed 28/3/2020). |
| [17] | Derek Webber, 'Point-to-Point Sub-Orbital Space Tourism: Some Initial Considerations' (2010) 66 Acta Astronautica 1645 http://www.sciencedirect.com/science/article/pii/S0094576509004767 (accessed 21/8/2020). |
| [18] | ESA, ‘Building a Lunar Base with 3D Printing,’ accessed May 29, 2020, http://www.esa.int/Enabling_Support/Space_Engineering_Technology/Building_a_lunar_base_with_3D_printing (accessed 4/08/2020). |
| [19] | F. von der Dunk, 'International space law' in F. von der Dunk and F. Tronchetti (eds), Handbook of Space Law, Edward Elgar Publishing 2015, p. 96 & Thierry Herman and Alexander Soucek, Regulatory choices for sub-orbital flights carrying humans: elements for consideration, https://www.elgaronline.com/view/edcoll/9781785361067/9781785361067.00017.xml (accessed 18/9/2020). |
| [20] | Faisal Karmali and Mark Shelhamer, 'Neurovestibular Considerations for Sub-Orbital Space Flight: A Framework for Future Investigation' (2010) 20 Journal of Vestibular Research: Equilibrium and Orientation 31. |
| [21] | Frans G Von Der Dunk, 'Beyond What? Beyond Earth Orbit...! The Applicability of the Registration Convention to Private Commercial Manned Sub-Orbital Spaceflight' (2013) 43 269. |
| [22] | Glavin et al., ‘Biological Contamination Studies of Lunar Landing Sites: Implications for Future Planetary Protection and Life Detection on the Moon and Mars.’ |
| [23] | Hsu J, 'The Myth of America's Love Affair with the Moon' [2011] https://www.space.com/10601-apollo-moon-program-public-support-myth.html (accessed 21/8/2020). |
| [24] | Ian Sample, ‘Moon Buggies and Bags of Poo: What Humans Left on the Moon,’ Guardian, 2019, https://www.theguardian.com/science/2019/jul/19/moon-buggies-and-bags-of-poo-what-humans-left-on-the-moon (accessed 25/7/2020). |
| [25] | ICAO, https://www.icao.int/Meetings/LC36/Working%20Papers/LC%2036%20-%20WP%202-4.en.pdf#search=define%20aircraft (accessed 17/8/2020). |
| [26] | J. N. Pelton, ‘Spaceplanes, Space Tourism and Private Space Habitats,’ in Space 2.0 (Cham: Springer Praxis Books, n.d.); Charlie Duxbury, ‘Why Space Tourism Is Still a Pipe Dream in Europe,’ 2020; Yi-Wei Chang, ‘A Preliminary Examination of the Relationship between Consumer Attitude towards Space Travel and the Development of Innovative Space Tourism Technology,’ Current Issues in Tourism 20, no. 14 (October 26, 2017): 1431–53, https://doi.org/10.1080/13683500.2015.1005580 (accessed 19/8/2020). |
| [27] | Jeremy Stubbs, Commercial uses of space and space tourism, https://www.elgaronline.com/view/edcoll/9781785361067/9781785361067.xml (accessed 20/8/2020). |
| [28] | JN Pelton, 'Spaceplanes, Space Tourism and Private Space Habitats', Space 2.0 (Springer Praxis Books). |
| [29] | Joanne Irene Gabrynowicz, "Some Legal Considerations Regarding the Future of Space Governance," Ga. J. Int' l & Comp. L. 48 (2020): 739–49. |
| [30] | LR Young and P Sinha, 'Spaceflight Influences on Ocular Counter rolling and Other Neurovestibular Reactions.' (1998) 118 Otolaryngology--head and neck surgery: official journal of American Academy of Otolaryngology-Head and Neck Surgery S31. |
| [31] | McGill University, 'Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space' [2020] McGill University: Institute of Air and Space Law. |
| [32] | Michael Bouchey and Jason Delborne, 'Redefining Safety in Commercial Space : Understanding Debates over the Safety of Private Human Space Flight Initiatives in the United States' (2014) 30 Space Policy 53 http://dx.doi.org/10.1016/j.spacepol.2014.03.002 (accessed 15/8/2020). |
| [33] | Michael Sheetz, 'Everything You Need to Know about SpaceX's Historic Demo-2 Launch, Its First with NASA Astronauts'. |
| [34] | Mike Wall, ‘Musk Envisions Fleets of 1,000 Starships Departing for Mars Every 26 Months.,’ 2020. |
| [35] | Mitchell Ford and others, 'War on the Final Frontier: Can Twentieth-Century Space Law Combat Twenty-First-Century Warfare?' (2017) 39 Hous. J. Int' l. 237. |
| [36] | Naja-Corbin, Summerer and Johansson, Space 2030 – Research Trends as Input for Long Term- Planning (2008), https://espas.secure.europarl.europa.eu/orbis/sites/default/files/generated/document/en/ESA.pdf (accessed 13/8/20). |
| [37] | NASA, ‘Artemis’ (2020) https://www.nasa.gov/specials/artemis/ (accessed 9/5/2020). |
| [38] | NASA, 'NASA Names Companies to Develop Human Landers for Artemis Moon Missions' (2020) https://www.nasa.gov/press-release/nasa-names-companies-to-develop-human-landers-for-artemis-moon-missions (accessed 25/05/2020). |
| [39] | NASA, ‘Repurposing Space Station Trash for Power and Water,’ 2013, https://www.nasa.gov/content/repurposing-space-station-trash-for-power-and-water/ (accessed 15/09/2020). |
| [40] | NASA, ‘Waste Limitation Management and Recycling Design Challenge,’ (2010). |
| [41] | Office of the Inspector General NASA, 'NASA's Challenges to Meeting Cost, Schedule, and Performance Goals' 1. |
| [42] | Paul Stephen Dempsey and Maria Manoli, ‘Suborbital Flights and the Delimitation of Air Space Vis-à-Vis Outer Space: Functionalism, Spatialism and State Sovereignty,’ Committee on the Peaceful Uses of Outer Space, 2018, 1–47. |
| [43] | Pendergraft JG and others, 'Learning From the Past to Advance the Future : The Adaptation and Resilience of NASA' s Spaceflight Multiteam Systems Across Four Eras of Spaceflight' (2019) 10 Frontiers in Psychology 1. |
| [44] | Randy Stone and Jennifer Ross-Nazzal, 'The Accidents: A Nation's Tragedy, NASA's Challenge' [2011] The Historical Legacy 32. |
| [45] | Robert Zubrin, ‘Why We Earthlings Should Colonise Mars ! Why We Earthlings Should Colonise Mars !,’ Theology and Science ISSN: 17, no. 3 (2019): 305–16, https://doi.org/10.1080/14746700.2019.1632519 (accessed 18/9/2020). |
| [46] | Royal Museums Greenwich, 'Space Race Timeline' (2020) https://www.rmg.co.uk/discover/explore/space-race-timeline (accessed 27 May 2020). |
| [47] | Russian Aviation, ‘Russia's CosmoCourse Company to Send Six Dummies for First Flight in Returnable Capsule,’ 2020, https://www.ruaviation.com/news/2019/5/29/13585/?h (accessed 16/9/2020). |
| [48] | Shahar and Greenbaum, ‘Lessons in Space Regulations from the Lunar Tardigrades of the Beresheet Hard Landing’. |
| [49] | Shelley Canright, ‘Recycling for Moon, Mars and Beyond,’ NASA, 2009, https://www.nasa.gov/audience/foreducators/k-4/features/F_Recycling_for_Moon.html (accessed 11/9/2020). |
| [50] | SM Mousavi Sameh, 'Suborbital Flights: Environmental Concerns and Regulatory Initiatives' (2016) 81 Journal of Air Law and Commerce 65. |
| [51] | Smiley A, 'How Do Economic and Political Factors Affect NASA Funding?' (2013) 21 The Park Place Economist 109. |
| [52] | Space Industry Act 2018, https://www.legislation.gov.uk/ukpga/2018/5/contents/enacted (accessed 10/10/19). |
| [53] | Space X, "Why Mars?" 2020, https://www.spacex.com/human-spaceflight/mars/; Space X, "Starship," 2020, https://www.spacex.com/vehicles/starship/ (accessed 11/09/2020). |
| [54] | Space.com, India looks beyond the Moon to Mars, Venus and Astronaut Missions, https://www.space.com/india-moon-mars-venus-exploration-plans-beyond-chandrayaan-2.html (accessed 09/09/2020). |
| [55] | Space.com, Watch SpaceX's Elon Musk Play with a Flamethrower, https://www.space.com/39529-elon-musk-boring-company-flamethrower-video.html (accessed 15/09/2020). |
| [56] | Swedish Act on Space Activities, 1982 http://www.oosa.unvienna.org |
| [57] | Tanja Masson-Zwaan and Rafael Moro-Aguilar, 'Regulating Private Human Suborbital Flight at the International and European Level: Tendencies and Suggestions' (2013) 92 Acta Astronautica 243 http://dx.doi.org/10.1016/j.actaastro.2012.11.002 (accessed 15/09/2020). |
| [58] | Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 2222 (XXI) The Outer Space Treaty. |
| [59] | UN Charter, https://www.un.org/en/sections/un-charter/chapter-i/index.html (accessed 20/08/2020). |
| [60] | UNOOSA, 'Space Law Treaties and Principles' (2020) https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html (accessed 31/03/2020). |
| [61] | UNOOSA, ‘Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies,’ 2020; UNOOSA, "51/122. Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries,’ 2020, https://www.unoosa.org/oosa/en/ourwork/spacelaw/principles/space-benefits-declaration.html (accessed 18/9/2020). |
| [62] | US EPA, ‘Wastes - Non-Hazardous Waste - Municipal Solid Waste,’, https://archive.epa.gov/epawaste/nonhaz/municipal/web/html/ (accessed 13/6/2020). |
| [63] | Waste360, ‘Humans Have Left About 500,000 Pounds of Waste on the Moon,’ 2018. |
| [64] | Woolf and Holpuch, ‘One Pilot Dead as Virgin Galactic's SpaceShipTwo Rocket Plane Crashes’. |
| [65] | Wormald B, 'Americans Keen on Space Exploration, Less so on Paying for It' (Pew Research Center, 2014) https://www.pewresearch.org/fact-tank/2014/04/23/americans-keen-on-space-exploration-less-so-on-paying-for-it/ (accessed 6/62020). |
| [66] | Xprize, Google Lunar, The New Space Race, https://www.xprize.org/prizes/google-lunar (accessed 18/09/20). |
| [67] | Yi-Wei Chang and Jeng-Shing Chern, 'Ups and Downs of Space Tourism Development in 60 Years from Moon Register to SpaceShipTwo CRASH' (2016) 127 Acta Astronautica 533 http://www.sciencedirect.com/science/article/pii/S0094576516300066 (accessed 11/9/20). |
| [68] | Yi-Wei Chang, 'A Preliminary Examination of the Relationship between Consumer Attitude towards Space Travel and the Development of Innovative Space Tourism Technology' (2017) 20 Current Issues in Tourism 1431 https://doi.org/10.1080/13683500.2015.1005580 (accessed 12/9/20). |
| [69] |
NASA, ‘Repurposing Space to Develop Human Landers for Artemis Moon Missions’ (2020) |
| [70] | Jeremy Hsu, ‘The Myth of America’s Love Affair with the Moon’ [2011] Space. |
| [71] | Yi-Wei Chang, ‘A Preliminary Examination of the Relationship between Consumer Attitude towards Space Travel and the Development of Innovative Space Tourism Technology,’ Current Issues in Tourism 20, no. 14 (October 26, 2017): 1431–53, https://doi.org/10.1080/13683500.2015.1005580 (accessed 19/8/2020). |
APA Style
Scott Michael Steele. (2022). Human Spaceflight: Regulations, Legal and Geopolitical Application Throughout the International Community and Commercial Actors. American Journal of Aerospace Engineering, 9(1), 14-27. https://doi.org/10.11648/j.ajae.20220901.12
ACS Style
Scott Michael Steele. Human Spaceflight: Regulations, Legal and Geopolitical Application Throughout the International Community and Commercial Actors. Am. J. Aerosp. Eng. 2022, 9(1), 14-27. doi: 10.11648/j.ajae.20220901.12
Share This Article
Twitter
Linked In
Facebook
Copy
Download@article{10.11648/j.ajae.20220901.12,
author = {Scott Michael Steele},
title = {Human Spaceflight: Regulations, Legal and Geopolitical Application Throughout the International Community and Commercial Actors},
journal = {American Journal of Aerospace Engineering},
volume = {9},
number = {1},
pages = {14-27},
doi = {10.11648/j.ajae.20220901.12},
url = {https://doi.org/10.11648/j.ajae.20220901.12},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajae.20220901.12},
abstract = {Human spaceflight without change to International Space Law will remain very much the same. The Outer Space Treaty, the Liability Convention and Rescue Agreement remain an essential element to all space activities. Luckily, the application of these treaties was considered to allow some form of the evolutionary process in their interpretation. This paper will discuss the use of these treaties to the question of human spaceflight; what obstacles may be produced; and how humanity at an international level can adhere to the law, while forming a mutually cooperative approach to space governance. As the United Nations has stood the test of time, this paper will assume that the UN elements of space governance will remain. This paper will argue that with the delegation of activities to an international body, such as UNOOSA, spaceflight and sustainable living on celestial bodies may be possible. The approach of this paper will be to focus on the national and multinational agencies such as NASA and ESA, which are proactive and holding their weight in space governances. This paper will, therefore, examine the international view, with a more focused approach on corporations and multinational agencies. Space colonization is the forefront of visionaries such as Elon Musk, who view Mars as their destination. At today's rate, the likelihood of closer platforms such as the Moon and larger habitable stations such as the ISS may be afforded as more reasonable as a first stage colonization experiment before Mars. This paper will consider the positive approach to living in closer proximity to Earth and what is needed to fuel such a drive to live in a sustainable environment on the Moon and in orbit. The future element of Mars will be hypothesis-based humanity being able to agree and focus on these 'forward stations' in the first attempt of colonization. It is therefore proposed that this paper will consider all the above with a focus on space governance, technology advancement and nearby space colonization with the forward concept of widespread expansion for the betterment of humanity.},
year = {2022}
}
TY - JOUR T1 - Human Spaceflight: Regulations, Legal and Geopolitical Application Throughout the International Community and Commercial Actors AU - Scott Michael Steele Y1 - 2022/05/10 PY - 2022 N1 - https://doi.org/10.11648/j.ajae.20220901.12 DO - 10.11648/j.ajae.20220901.12 T2 - American Journal of Aerospace Engineering JF - American Journal of Aerospace Engineering JO - American Journal of Aerospace Engineering SP - 14 EP - 27 PB - Science Publishing Group SN - 2376-4821 UR - https://doi.org/10.11648/j.ajae.20220901.12 AB - Human spaceflight without change to International Space Law will remain very much the same. The Outer Space Treaty, the Liability Convention and Rescue Agreement remain an essential element to all space activities. Luckily, the application of these treaties was considered to allow some form of the evolutionary process in their interpretation. This paper will discuss the use of these treaties to the question of human spaceflight; what obstacles may be produced; and how humanity at an international level can adhere to the law, while forming a mutually cooperative approach to space governance. As the United Nations has stood the test of time, this paper will assume that the UN elements of space governance will remain. This paper will argue that with the delegation of activities to an international body, such as UNOOSA, spaceflight and sustainable living on celestial bodies may be possible. The approach of this paper will be to focus on the national and multinational agencies such as NASA and ESA, which are proactive and holding their weight in space governances. This paper will, therefore, examine the international view, with a more focused approach on corporations and multinational agencies. Space colonization is the forefront of visionaries such as Elon Musk, who view Mars as their destination. At today's rate, the likelihood of closer platforms such as the Moon and larger habitable stations such as the ISS may be afforded as more reasonable as a first stage colonization experiment before Mars. This paper will consider the positive approach to living in closer proximity to Earth and what is needed to fuel such a drive to live in a sustainable environment on the Moon and in orbit. The future element of Mars will be hypothesis-based humanity being able to agree and focus on these 'forward stations' in the first attempt of colonization. It is therefore proposed that this paper will consider all the above with a focus on space governance, technology advancement and nearby space colonization with the forward concept of widespread expansion for the betterment of humanity. VL - 9 IS - 1 ER -
Information
Email: