Who Owns Space – Foreign Policy Youth Collaborative

Debate and policy over which countries own what portion of space can be traced back to the early 1900s, specifically in 1919. This is when international space law was instituted to acknowledge each country’s ownership over the airspace directly above their territory. This recognition of “space sovereignty” was later reinforced in 1944 at the Chicago Convention. However, since the beginning of the Cold War and the creation of various domestic space programs, there has been much conflict over who truly “owns space”. The Space Race of the Cold War was one of the main causes of increasing space law throughout the world.

During the mid-1950s, the Space Race had become a significant part of the Cold War. As conflicts grew surrounding space exploration and the potential threats of nuclear warfare between the countries, everyday lives within the United States and the Soviet Union changed. On October 4th of 1957, the Soviet Union surprised the world with their launch of the world’s first artificial satellite to enter Earth’s orbit, Sputnik 1. Since Americans saw space exploration as a new frontier of power and exploration, the Soviet Union’s launch of the satellite caused fear and anger across the United States.

The Soviet Union’s launch of Sputnik 1 led the United States Congress to quickly pass the Space Act. The Space Act of 1958, in Sec. 102. (a), states, “The Congress hereby declares that it is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all mankind” (National Aeronautics and Space Act of 1958). The act further led to the creation of the National Aeronautics and Space Administration (NASA). American space law is a collection of various treaties, United Nations aerospace resolutions, and agreements that work to prevent the exploration of outer space to become violent and militarized. Space law also largely hinders claiming sovereignty over celestial objects. In most treaties and agreements, the main idea is that space is a “Province of All Mankind” (NASA Space Law Bibliography). President Dwight D. Eisenhower’s United Nations speech in 1960 introduced the importance of instituting international space law to prevent future conflicts over space exploration and debate on “ownership” of celestial bodies.

With private companies quickly entering the space exploration scene and expanding the “market for space services” (NASA Space Law Biography), there is a fast-growing interest in pursuing careers in space regime law and the production of policy. Among space policy is NASA’s Artemis Accord, a list of principles that guide commercial space exploration.

While space is largely uncharted territory, legislation between nations regulating space exploration exists to ensure liability and responsible travel. As such, organizations are in place to serve as liaisons between nations and promote international cooperation. One such organization is UNOOSA. The United Nations Office for Outer Space Affairs (UNOOSA) is a branch of the United Nations General Assembly tasked with ensuring the peaceful use and exploration of space. They also oversee the sustainable utilization of space technology for social and economic development. Thus far, The Committee on the Peaceful Uses of Outer Space (which exists within UNOOSA) has concluded five international treaties and five sets of principles on space-related activities.

The “Outer Space Treaty” was the first of these treaties, entering into force on October 10, 1967. This treaty banned the stationing of weapons of mass destruction (WMD) in outer space, prohibited military activities on celestial bodies, and detailed legally binding rules governing the peaceful exploration and use of space. Article IV of the treaty detailed specific prohibitions, including placing in orbit any nuclear weapons or objects carrying WMD, stationing WMD in any manner in outer space, establishing military bases or installations, testing weapons, or conducting military exercises on celestial bodies other than Earth. The treaty also included provisions establishing that space belongs to no single country and the right to explore it is open for all. Such provisions included specifying that space is exempt from national claims of ownership, space exploration is to be guided by “principles of cooperation and mutual assistance” between countries, and all nations exploring space are liable for damages their activities cause. Today, these damages would include the harmful spread of space debris by space mining and frequent satellite launches that potentially risk future space exploration.

The “Rescue Agreement” was the second treaty signed, and officially went into action on December 3, 1968. The Rescue Agreement asserts that any state within the agreement must provide all possible assistance to rescue personnel of a spacecraft that may have landed on their territory. Provisions within this agreement include the duty of the state to provide aid to any personnel who land by accident, distress, emergency, or unintended landing.

The “Liability Convention” was the third treaty, officially enforced on September 1, 1972. The Liability Convention provides that a launching state is financially liable for any damages caused by its space objects on the surface of the Earth or to aircraft.

The “Registration Convention” was the fourth UNOOSA treaty, entering into force on September 15, 1976. The Registration Convention expanded the scope of the United Nations Register of Objects Launched into Outer Space by addressing issues relating to states’ parties and their responsibilities concerning space objects. It mandated that “all objects launched into Earth orbit or beyond into outer space must be recorded with an appropriate national space agency”.

The “Moon Agreement” was the final UNOOSA treaty, officially enacted on July 11, 1984. This treaty settled governing the activities of all states on celestial bodies, including the moon. It allowed for the jurisdiction of celestial bodies to be given to participating countries.

Space exploration and travel: what was once limited to experienced astronauts is now becoming accessible to the general public. Private companies such as SpaceX, Blue Origin, Virgin Galactic, and Bigelow have now joined the race to space. However, they seek to appeal to a different demographic: private citizens. The private investment opportunities in these companies created a market expected to triple to $1.4 trillion within a decade, according to Bank of America. Let’s take a closer look at the companies and people behind private space travel.

SpaceX is arguably one of the most well-known private space companies due to its success in launching the first orbital-class reusable rocket, the Falcon 9, which will eventually make space travel cheaper. The company was founded in 2002 by Tesla billionaire Elon Musk. Musk has vowed to send a ship containing humans to Mars in 2024 and eventually a million people to Mars by 2050. On May 31, 2020, SpaceX made history when the company sent a spacecraft carrying two NASA astronauts to the International Space Station. It was the first time a private cooperation had taken NASA astronauts to space. The decentralization of space travel and the use of a SpaceX spacecraft was surprisingly supported by international partners, as they believed it a means of increasing the number of ways to reach the International Space Station.

Another billionaire funding space travel is Jeff Bezos with his company Blue Origin, which he founded in 2000. Bezos is focusing on space tourism and his vision is for a future where, “millions of people are living and working in space”. Bezos hopes to utilize the unlimited resources and energy in space to benefit Earth. For Blue Origin, reusability is at the core of their mission; they aim to create reusable launch vehicles and rocket engines–both environmentally conscious and cost-effective. In March 2021, NASA signed an agreement to utilize Blue Origin’s New Shepard suborbital vehicles for flights, marking another interesting partnership between a private company and a governmental organization.

Virgin Galactic is a third privately owned company founded in 2004 by British billionaire Richard Branson to fly tourists into space. In 2014, the company had trouble when one of their spacecraft crashed and the pilot was killed. However, the company gained redemption in 2018 when they built SpaceShipTwo–a spaceplane designed for space tourism. In total 680 aspiring space tourists have already signed up with the company for future space flight, totaling $200,000 in deposit fees.

Bigelow takes another approach to private space travel attempting to design, develop, and construct “habitable space structures for private enterprise and government use.” The company was founded by Robert T. Bigelow in 1998. He has personally funded the company totaling over $350 million to date and employing 150 people. In 2013, the company secured a NASA contract called the Bigelow Expandable Activity Module. It was installed on the International Space Station and remains so to this day. However, on March 23, 2020, due to COVID-19, the company laid off all its employees.

Perhaps the most striking example of private space exploration is showcased through Elon Musk’s SpaceX. As one of its more recent projects, the company will be facilitating a four-person mission led and funded by billionaire Jared Issacman. This mission is entirely privatized, from the billionaire’s fortune supporting the mission to the four citizens embarking on the journey. Underscoring the true randomness of sending four private citizens to space, one member of the group will be selected through sweepstakes with the other being the winner of a competition. Not one member is an astronaut of any sort. Christian Davenport, for The Washington Post, highlights the shift in power dynamics, mentioning how, “for this mission, […] NASA is little more than a bystander”. The concept that an organization that dominated space exploration for half a century could potentially become obsolete emphasizes the growing control of the private sector over this field.

NASA, however, does not seem adverse to the impact of SpaceX and similar companies. The increased presence of private companies in space offers more efficient growth and exploration. Plus, NASA’s position as a pioneer in space exploration is far from threatened. According to NASA’s acting administrator, privatization offers a chance to evolve–a chance for NASA to, “do the research and the technology development and be the enablers for continuing to support the commercial space sector”. While private companies first and foremost seek profit, as a government agency, NASA can operate without worrying about finances to the same degree. NASA can use its security to continue paving the way for further development.

Just as exhibited in other sectors, competition provides for progress even in space exploration. In an interview with The World’s Marco Werman, Margaret Wheitekamp conveys an optimistic take on the increasing prevalence of private companies. She notes that “what they [NASA] are looking forward to is being able to have different companies approaching the same kind of problem”. With multiple companies offering different solutions to issues, space exploration as a whole becomes more efficient, with support from all ends.

NASA’s situation is ideal in the eyes of many, presenting itself as an opportunity to revisit older projects and take a more diplomatic or research role in space exploration. Wheitekamp elaborates on how the inclusion of more companies, “opens up their [NASA’s] options in terms of turning their attention to exploration, going back to the moon, perhaps onto Mars, and also then being able to put the focus on international collaborations in terms of planetary science and astronomy”. Wheitekamp also discusses how reliance on the private sector, as opposed to other countries, reduces the “overreliance on the vagaries of geopolitics,” ultimately offering greater stability to US space exploration.

In line with their optimism, NASA announced twenty partnerships with other countries, intending to mature “industry-developed space technologies for the Moon and beyond”. These partnerships rely on NASA’s experience and expertise joining forces with the creative manpower offered by the selected companies. The delineation of tasks to different groups (the companies) that can zero in on resolving one issue exemplifies the collaborative approach made possible by the introduction of private companies. So, while it is apparent that the government’s monopoly on space exploration is coming to an end, it is equally clear that the potential for growth has increased significantly.

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