CRITICAL LEGAL ISSUES ASSOCIATED WITH CURRENT AND FUTURE SPACEFARING ENDEAVORS

摘要

Over fifty years ago the "space race" was comprised of two participants – Russia and the United States (US).During the last twenty years the means of attaining spaceflight goals has changed dramatically as multiple nationshave and are collaborating to more efficiently achieve various goals; the International Space Station (ISS) is a primeexample. Additionally, other countries are singularly developing and reaching their own spacefaring goals. Withmultiple nations currently or nearing participation in space exploration-including manned and unmanned spaceactivities-numerous legal issues associated with the pursuits have arisen and will continue to be critical issuesrequiring attention. Orbital debris has increasingly become a concern for space agencies including the NationalAeronautics and Space Administration (NASA). A key legal concern regards the liability for damage caused by thedebris as well as the pre-emptive responsibility of space debris prevention. Additionally, as extra-terrestrialexploration continues to evolve, the ownership rights and the allowable usages of the material must be defined.Finally, with so many entities continuing and preparing to participate in space activities, the sensitive issue ofprotecting national assets in space must be addressed. The present paper focuses upon the status of theaforementioned key legal issues with respect to current and proposed governance principles. Additionally, via expertopinions and personal communication with a key space industry leader, namely a former NASA Administrator,alternative options and solutions to the various legal dilemmas are presented.