Dr. Olga Volynskaya

 

Space Law

Dr. Olga Volynskaya

 I have previously written about space law and how our current UNOOSA laws may not be enough to protect space from nationalistic “misadventures”, and it would seem that there is justification for that statement.

 As a proponent of finding a better way to manage our steps into space I am always on the lookout for articles on space law and will probably be writing about it at various times in the future. The near advent of interplanetary flight (IPF) is opening our solar system to a modern day gold rush so the issue of manageable, fully accepted space laws is more important than ever before.

The opening of the planets or even a lunar base (such as Artemis) will have immense monetary potential for businesses and governments, who will, by human nature, seek to control the resources for themselves. This is already evident in our current space laws which began as far back as 1919.

In an article posted at “SpaceWatch.Global”, March 8, 2021, (which is a Switzerland-based digital magazine on space and the far-reaching impact of the space sector) Dr. Olga Volynskaya, an independent Russian space law and policy expert was asked if there is a consensus solution on the space resources governance in the future.

Dr. Volynskaya responded that after the US passed its Space resource exploration and utilization act of 2015, the issue became particularly relevant. Dr. Volynskaya further noted that “Russia was one of the first to criticize such national lawmaking initiatives since any regulation of space resources – the sphere of ‘jurisdiction’ and the wealth of all humankind – must have an international legal basis.”

After reading that particular act it is easy to see how nationalistic efforts can be a cause for concern. The wording of the act would seem to indicate an attempt at the legalization of laying exclusive claim to and the exploitation of celestial resources.

The act makes reference to the UN space treaties while in the same paragraph indicates the creation of a domestic framework for assigning property rights for resources from asteroids. The UN space treaties have been noted elsewhere in my posts and the one point that applies specifically to the U.S act of 2015 is this:

“Space shall be free for exploration and use by all nations, but that no nation may claim sovereignty of outer space or any celestial body.”

The Treaty was signed by the Russian Federation, the United Kingdom and the United States of America in January 1967, and it entered into force in October 1967. 

This statement within the Outer Space treaty of 1966 is accompanied by two others which state:

• the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;  

• outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;

 Considering these two statements, the U.S. act of 2015 would be in violation of  the UN space treaty of 1966.