Between concord and rivalry – requirements for and political feasibility of modifications of planetary operations legal regime
- Paper number
IAC-05-E6.2.03
- Author
Mr. Jakub Ryzenko, Poland
- Coauthor
Ms. Anna Burzykowska, King's College London, United Kingdom
- Year
2005
- Abstract
In recent years the world could observe the rebirth of real possibilities to expand human presence beyond low Earth orbit. Manned missions to Moon and eventually to Mars have begun to reappear on space agendas of the biggest space faring nations. Realisation of the ambitious goal to ‘return to the Moon’ in slightly longer than a decade and subsequent conducting of planetary operations will challenge the existing legal regime and force development of regulations governing such activities.
The purpose of the presented paper is to explore possible paths for modification of planetary operations legal regime and to attempt to assess their feasibility in light of national interests involved.
The Moon Treaty was meant to set forth ‘rules of engagement’ for those who aspired to use and exploit Moon resources. However, it is a fact that its poor ratification and random international recognition leave a loop hole in international law. On the one hand, the necessary initial steps aimed at identification of reasons for non-adherence to the treaty has already been taken by raising the ‘Mexican proposal’ on international arena. On the other, the relative proximity of real planetary activities fosters the need for introduction of widely accepted rules.
Authors attempt to identify main legal issues related to planetary operations that will arise within 10-20 years perspective. Is it appropriate for first explorers to use limited amount of ice present on the surface of the Moon at the expense of future operations of prospective space-faring nations? What legal limitations will be imposed on commercial entities willing to undertake operations on the Moon? Who has a right to define level of planetary protection standards that should be kept by first human mission to Mars, significantly increasing its costs? These questions are just the examples of problems that will have to be addressed.
The second goal of the analysis is to propose different scenarios for modifications of legal regime and to assess political feasibility of their general approval. Experience of Sea Bed Protocol 94 and Antarctic Treaty, which successfully deal with the ideas of ‘common land’ and ‘common heritage’ of mankind, proves that introduction of generally accepted legal regime protecting common interests is possible. Though, for modifications and enhancements of a current regulations to be feasible, they will have to balance diverse interests, including: not impeding (and preferably encouraging) commercial operations; protecting interests of nations not present among first wave of explorers; and safeguarding long-term interests of scientific community and humanity per se.
- Abstract document
- Manuscript document
IAC-05-E6.2.03.pdf (🔒 authorized access only).
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