Space Colonies and Terrestrial Regulation - An Ill-Assorted Couple?
- Paper number
IAC-05-E6.2.07
- Author
Ms. Lotta Viikari, Arctic Centre, University of Lapland, Finland
- Year
2005
- Abstract
The existing UN space law was essentially drafted at a time when space exploration was only beginning. Consequently, its instruments have often proven unable to respond even to the needs of the increasingly commercialized and privatized current space sector – let alone to the future expansion of human presence beyond the Low Earth Orbit (LEO) on a more or less permanent basis. Such scenarios entail a change so radical in the use of outer space that it is bound to necessitate at least equally radical reforms in the regulation of space activities. There are different possible reasons for human presence beyond the LEO, including, e.g., tourism and scientific missions. This paper contemplates a step further: space colonies. It ponders the options for amending international space law in preparation for the day when humans truly begin to dwell in outer space in permanent space settlements. The current legal instruments which revolve around state jurisdiction and control (and the respective responsibility and liability of states) seem quite inappropriate for such a setting. Already the distance between the future space settlements and any states (or other entities on Earth) is immense. Hence, practical problems in implementing and enforcing any state-made regulation seem obvious - considering, moreover, that the inhabitants of permanent space settlements will in all likelihood feel lesser bonds with their respective nation states than people living on Earth. Furthermore, once there will be humans born in outer space, they are even more likely to identify with each other than with terrestrial political entities – all the more because outer space is an extremely hostile and hazardous environment for humans, which makes close cooperation between the inhabitants crucial. Due to the demanding living conditions and isolation, space colonies need to be self-sufficient - and will also need sufficient independence, including decision-making capabilities. Consequently, the establishment of permanent habitats in space seems to necessitate the consideration of at least some sort of autonomous legal regimes for their governance. For this purpose, there are numerous issues which need to be considered; ranging from aspects related to the local government of the settlements to their relationship with states and other relevant entities on Earth. Internal issues of the settlements include the structure of the local government, rights and duties of individuals, security considerations, etc. Due to the special dependence of the settlements on their physical environment, particular attention has to be paid to the rules governing the use of such environs. Environmental preservation in outer space is of interest also from a more general point of view - for the sake of guaranteeing the integrity of scientific studies, for instance. Furthermore, the fact that the existing UN space law depicts the space environment as the common heritage of all humankind is particularly interesting – and problematic. It is difficult to overestimate the significance of the expansion of permanent human presence beyond the LEO. It has all the potential to challenge even the entire system of international law (space law included) as we know it. This is evident if we consider the future space colonies: in all likelihood, they will need a legal system which is designed essentially for the needs of relatively small and very independent societies living in hazardous, isolated environs far from the surroundings where the humankind has resided this far – not one drafted by states for states. This paper tries to outline at least some of the questions we can expect along this fascinating but highly unpredictable road.
- Abstract document