One Man's Space Junk is Another Man's Archaeological Treasure: The Potential for Conflict and Compromise in the Emerging Fields of Environmental and Historic Preservation Law in Outer Space

Paper number

IAC-10,E7,1,21,x7469

Author

Ms. Diana Viggiano, Georgetown University Law Center, United States

Year

2010

Abstract

This paper will begin with an introduction to the concept of space archaeology and background information on the continuing development of this field.  This will lead into a discussion of the future value of what is today considered “space junk,” and which laws, international or domestic, could be drawn from in order to set up a system for historic preservation of space artifacts.  The thesis introduced in this paper is that a delicate balance must be struck between space archaeology/historic preservation and space environmentalism, because great potential for conflict exists between these two emerging areas of space law.  

The goals of establishing a regime for historic preservation law applicable to outer space are to preserve various human-made items found in space for future study and to maintain them as physical reminders of mankind’s cultural heritage.  With the possibility of private space travel and space tourism looming, proposals have already been made to protect the Apollo 11 landing site, launch complexes on earth, orbital debris, human waste, satellites, and objects on Mars.  This paper will explore which objects, if any, should be the proper subjects of historic preservation in space.

The existing space law provisions that may be applicable to space archaeology include Article 7(3) of the 1979 Moon Agreement and the Outer Space Treaty of 1967.  U.S. (federal and state), as well as foreign historic preservation laws, may also be relevant.  This paper will explore these and other existing sources of law and will propose that an entirely new international law regime may need to be developed.  

Finally, this paper will discuss the problem of separating the archaeological space treasures from the space junk targeted by environmental space law and various clean-up efforts.  Space junk poses threats of collision with space shuttles and other useful space apparatus, occupies useful and increasingly scarce space real estate, and pollutes the otherwise pristine natural space environment.  NASA, the European Space Agency, and some private organizations have already begun developing plans to remove space junk by using ground-based lasers to speed the rate of decay and burn-up, by sending out 'space tugs' as roving garbage collectors, or by using tethers to rope and haul in bits of space debris.  This paper proposes the proper definitions for space junk and space treasures, and a legal mechanism for protecting only the latter.

Abstract document

IAC-10,E7,1,21,x7469.brief.pdf

Manuscript document

IAC-10,E7,1,21,x7469.pdf (🔒 authorized access only).

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