Episode 76: Space law

Bayar Goswami One of the earliest characteristics of human
civilisation (large populations living together in organised
cities) was the creation of rules or laws that everyone who lived
there agreed to abide by. The 50th anniversary of first humans
to visit the Moon is celebrated later this year. In 1968 it
was pretty much just two countries and a few space missions per
year. Today, over 70 countries have something in the way of a
space programme and along with a blossoming private space
sector, space is likely to become very busy in the next decade
or so. This surge of space activity will determine how the laws in
space will apply and begin to set the scene for human
civilisation beyond Earth.   On earth, most nations
follow international laws most of the time. International
rules for operating in space were defined by the UN in five
treaties established between 1967 - 1984. 1967 – The Outer Space
Treaty: Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies. 1968 - Rescue
Agreement. Agreement on the Rescue of Astronauts, the Return
of Astronauts and the Return of Objects Launched into Outer Space.
1972 - The Liability agreement. Convention on
International Liability for Damage Caused by Space Objects. 1976 –
The Convention on Registration of Objects Launched into Outer
Space. 1984 – The Moon Treaty. Agreement Governing the
Activities of States on the Moon and Other Celestial Bodies. How
will these laws fair in space? For example, will
all governments “authorise and supervise” their 
“non-governmental entities” in space? comply with international
liabilities for physical damages caused by their space objects?
agree on who can build what and where on the Moon? establish
mining and ownership rights to materials on the Moon and other
celestial bodies? maintain the principles of human rights in
space. These are some of the questions I
discuss with  Bayar Goswami, a Doctoral student at
the Institute of Air and Space Law, McGill University (IASL) in
Canada. A TedX speaker, Bayar has an interest in space as well
as law and I started by asking him what came first. The distinction
between terms, such as signed, ratified and accessioned, is
described here. A status of which nations have signed which
treaty is maintained by the UN here. A summary of the five
treaties is available here.