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Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles.[1] Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics.[2] Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law.[3]
The origins of space law date can be traced back to 1919, with international law recognizing each country's sovereignty over the airspace directly above their territory, later reinforced at the Chicago Convention in 1954.[4][5] The onset of domestic space programs during the Cold War propelled the official creation of international space policy (i.e. the International Geophysical Year) initiated by the International Council of Scientific Unions. The Soviet Union's 1957 launch of the world's first artificial satellite, Sputnik 1, directly spurred the United States Congress to pass the Space Act, thus creating the National Aeronautics and Space Administration (NASA).[3][6] Because space exploration requires crossing transnational boundaries, it was during this era where space law became a field independent from traditional aerospace law.[5]
Since the Cold War, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty") and the International Telecommunications Union have served as the foundational legal framework and set of principles and procedures constituting space law.[7][8] Further, the United Nations Committee on Peaceful Uses of Outer Space, along with its The Office for Outer Space Affairs subcommittee, aid in governing international space law and policy.[9] Challenges that space law will continue to face in the future are fourfold—spanning across dimensions of domestic compliance, international cooperation, ethics, and the advent of scientific innovations.[3][10][11] Furthermore, specific guidelines on the definition of airspace have yet to be universally determined.[3]
*Planning to add this new Ethics section (Section 8) before the Future Developments section:
Ethics can be defined as "the task of being human." In space law, ethics extend to topics regarding space exploration, space tourism, space ownership, the militarization of space, environmental protection, and distinguishing the boundaries of space itself.[10]
Early discussions regarding space ethics revolved around whether or not the space frontier should be available for use, gaining prominence at the time of the Soviet Union and United States' Space Race.[12] In 1967, the "Outer Space Treaty" dictated that all nations in compliance with international regulation is permitted to exploit space.[8] As a result, the commercial use of space is open to exploitation by public and private entities, especially in relation to mining and space tourism.[13] This principle has been the subject of controversy, particularly by those in favor of environmental protection, sustainability, and conservation.[14]
More recent discussions focus on the need for the international community to draft and institute a code of space ethics to prevent the destruction of the space environment.[15] Furthermore, the advancement of life in space pertain to questions related to the ethics of biocentrism and anthropocentrism, or in other words, determining how much value we place in all living things versus human beings specifically.[16] Currently, researchers in the bioengineering field are working towards contamination control measures integrated into spacecrafts to protect both space and earth's biosphere.[14]
Many ethical questions arise from the difficulty of defining the term "space." Scholars not only debate its geographical definition (i.e. upper and lower limits), but also whether or not it also encompasses various objects within it (i.e. celestial objects, human beings, man-made devices). Lower limits are generally estimated to be about 50 kilometers. More difficulties arise trying to define the upper bounds of "space," as it would require more inquiry into the nature of the universe and the role of earth (along with within it.[10]
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