Space: the Fragile Frontier

Chapter 5: Legal Dimension

Overview

It was suggested in the preceding chapter that, if space exploration and associated developments are to continue successfully for the foreseeable future, some form of regulation will be necessary to protect the space environment and the resources it provides.

Here on Earth, the development of resources has often led to the degradation of the natural environment, which in many cases has encouraged the formulation of legislation to guard against it. On a global level, there have been a number of international meetings from which protocols have been derived in an attempt to safeguard the environment, and, as a global community, we now recognize their importance.

It was realized early in the Space Age that entities concerned with space-based operations, be they government or private operators, would require a degree of legal guidance. This led to a number of treaties, conventions, and agreements, which, among other things, were designed to ensure that those who wished to explore and use the space environment respected the right of others to do the same.

Although the United Nation's Committee on the Peaceful Uses of Outer Space (COPUOS) was a useful first step in providing legal guidance, it was understood that the recommendations of COPUOS and its subcommittees did not carry the force of law. This led to the creation of the Outer Space Treaty of 1967.1

The Outer Space Treaty (OST) provided the basic framework for international space law and the treaties that followed it. The Rescue Agreement, the Liability Convention, the Registration...

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