Laws of the Final Frontier: What is Space Law?

Many of us are quite familiar with the laws in our area. But have you ever wondered about the laws that extend far beyond your city, state, country or even world? Maybe you’ve asked yourself, “Are there laws in space?”

As humanity has begun to explore what lies beyond Earth, rules of space have been established to ensure the rule of order beyond the earth’s atmosphere. 

Today, this set of treaties and agreements is known as space law. As we continue to explore, this field will expand right along with our knowledge of the cosmos.

What is Space Law? 

Space law is a broad term that encompasses the entire body of law that governs space-related objects and activities. 

According to the United Nations Office for Outer Space Affairs (UNOOSA), space law, much like general international law, comprises a variety of international agreements, treaties, conventions, and United Nations General Assembly resolutions as well as rules and regulations of international organizations.

Space law originated in the 1950s when humanity first attempted to leave Earth’s atmosphere and explore the mysteries beyond it. Since then, incredible advances have been made — and laws to govern those advances have followed.

As described by Cleveland State University Professor, Mark Sundhal, space law is multidimensional. On the international level, treaties prescribe norms and rule sets applicable to governments, which are then implemented and enforced through domestic laws and regulations. Domestic laws can be found at both the country/federal level or at the level of further political subdivisions, such as at the level of state law in the United States or provincial level in other countries. 

In addition to these treaties and domestic laws, the international community has also recognized a number of non-binding “soft” law instruments such as resolutions, understandings and guidelines. These instruments are effective in establishing voluntary rules and standards that countries develop together (most often under the auspices of the UN). 

The Evolution of Space Law

After the Second World War, a new kind of rivalry emerged. The Soviet Union (USSR) and the United States, as well as their respective allies, were vying to become the most powerful and influential nations in the world and beyond. This conflict led to the Cold War, which was characterized less by outright military action and more by political rivalry, economic influence and propaganda due to the nation’s respective increase in nuclear power and the development of Intercontinental Ballistic Missiles (ICBM).

One of the primary ways in which these two nations competed with each other during the Cold War became known as the “Space Race”- a competition to be the first to create and develop technologies that would put satellites and astronauts in space.  

In 1957, the USSR successfully launched Sputnik 1, the first-ever artificial satellite, marking the beginning of the Space Age. The United States followed suit in 1958 when President Eisenhower signed the National Aeronautics and Space Act into effect, creating NASA. That same year, the United States sent its first satellite, Explorer 1, into orbit. 

Since both countries now had technology stably orbiting the planet, they became highly invested in creating international space laws to protect their satellites – and eventually, their astronauts. 

On December 13, 1958, the United Nations General Assembly adopted its first space-related resolution in an attempt to recognize the common interest in outer space and find a path to peaceful exploration. The following year, the Committee on the Peaceful Uses of Outer Space (COPUOS) was created “to govern the exploration and use of space for the benefit of all humanity: for peace, security and development.” 

Milestones quickly accumulated in the 1960s, from Valentina Tereshkova’s successful Earth orbit in 1963 to Neil Armstrong’s first step onto the moon's surface in 1969. In between those milestones, the 1967 Outer Space Treaty was created by the United Nations legal subcommittee and accepted in the General Assembly, which still exists today.

This monumental treaty forever shaped space law, “banning the stationing of weapons of mass destruction in outer space, prohibiting military activities on celestial bodies, and creating legally binding rules that govern the peaceful exploration and use of space.”

While these laws governing military action in space were being developed, simultaneous discussions were happening regarding the governance of communication technologies. The International Telecommunication Union (ITU), the oldest United Nations agency, was created in 1865 to govern telegraph communication. In the years since it has evolved alongside new forms of communication, and it was an early adopter of the importance of space governance in communication. 

Today, the ITU’s slogan is “committed to connecting the world,” and their constitution outlines several ways this commitment encompasses outer space satellite communications. In short, their duty is to control and regulate the use of radio communication and orbit paths for satellites that orbit the Earth.

According to the Wilson Center, 72 nations possess space agencies today, and 14 could launch devices capable of maintaining orbit. In addition, private stakeholders have begun their own space initiatives in recent years, proving that “space exploration is no longer a domain reserved for wealthy nations alone.” 

Now, more than ever, the world needs space lawyers who deeply understand space law to preserve the Earth and its environment, hold perpetrators accountable for damages, settle disputes, govern the use of space technology and enforce international cooperation for a peaceful world. 

International and Domestic Agreements 

The United Nations has adopted five treaties and five governing principles concerning outer space. Several important pieces of legislation govern American space law in the United States.

Parameters of Space Law 

Today, space law has many parameters and governing principles. If you choose to pursue a career in space law, you may specialize in one of these areas.

Integration with Other Fields of Law 

While space law is an important new frontier, it also works in tandem with many other aspects of legal practice. 

For example, international law and even maritime law relate directly to space activities, as seen repeatedly in the United Nations principles. Environmental law can inform space law as we work to find best practices for protecting and preserving the Earth and its environment. Property law and intellectual property law will become more intertwined with space law as space resources become more attainable for private parties and nations. Lastly, dispute resolution is necessary when two parties disagree about space activities, information or resources. 

If you have a background in any of these fields, or if you’re interested in pursuing one, a career in space law could hold a promising future for you.

The Future of Space Law 

Space technology is evolving faster than ever, and scientific innovations will significantly impact space law. As the commercialization of space assets picks up pace, legislation must follow closely behind. Space law will be at the forefront of ensuring that space exploration and activity are fair and peaceful for nations and privatized operations alike.   

As new innovations and segments in the space industry begin to emerge, so do the legal questions surrounding them. Questions surrounding topics such as on-orbit refueling and repair of satellites, private space stations, space tourism, property rights, liability, safety, environmental law, the protection of lunar heritage sites, space traffic management, and deconfliction of overlapping lunar missions on the moon's south pole, will all necessitate unique solutions, many of which requiring a combination of international legislation and domestic law. 

Organizations like the United Nations must join forces with state agencies like NASA and experienced practitioners of space law to further create new agreements and treaties to create safe and equitable ventures that are focused on the good of all humanity. Space law offers a challenging, exciting and rewarding career opportunity for those who dare to face the final frontier.