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Andrew Weber
ENG 1304
Mr. Cochran
31 March 2016
An Analysis of the Rights of Governments and the Responsibilities of Foreign Policy in Space
Despite what people once thought, international space commerce is, without a doubt,
developing more quickly as the decades go by. Men first stood on the Moon over sixty years ago,
but have not returned since. It was long thought that besides satellites orbiting and translating
information, space had long worn-out its usefulness concerning human economical gain.
Technology has proven that commercializing space is now possible and companies are looking
to take advantage of this opportunity. Companies have the ability to leave this law-abiding world
and develop an industry, such as meteor–mining, where the laws and guidelines of this planet do
not apply. The problem is clear because “current international space law does not provide clear
guidelines for the commercial development of space resources” (Kosmo 1057). As it stands
today, space commercialization is sustainably delicate and requires a modern response in terms
of legal and ethical parameters. Therefore, lawmakers must develop regulations that allow for
ethical commerce in the developing this particular foreign policy. Due to the unique qualities in
outer space, modern state regulations will no longer suffice, specifically due to a lack of
definable territories in space. The technological improvements that will soon permit corporations
to run from space-based sites are not nearly as prevalent as the foreign policy on weaponizing
space. On the same token, it is vital for the government to realize that absolute control over space
is impossible and a compromise is essential.
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In developing this argument it is crucial to understand the unrealized and massive
economic and humanitarian rewards involved with space commercialization. Currently, the space
industry is a multi-billion dollar industry where processes combining science and industry are
conducted that cannot otherwise be performed on earth. Over the past decade, the space industry
has provided “vital products including, medicine, pharmaceutical drugs, antibiotics, vaccines,
computer micro-processing chips, new metal alloys, electronics, energy and many
others”(Twibell 591). Scientists estimate that within the next forty years industrial advancements
will increase tenfold as industries colonize other planets in the solar system to gain an economic
advantage. Kosmo talks about these very advances in his journal and he explains, in detail, that
the,
Future commercial uses of space include telecommunication, remote satellite
observation, materials processing and space mining. Today, telecommunication
satellites provide almost instantaneous commination around the world though the
transmission of radio and television signals. In addition, remote satellite
observation is currently being used to location natural resources, provide
meteorological information, and track the movement of armed forces. Manned
space stations will be used for research and materials processing. Mining for
mineral resources on celestial bodies, such as mood and asteroids, is foreseeable
as technology advances (Kosmo 1056-57).
It is important to note that the majority of the space laws guiding these practices can be traced to
the time between 1932 and 1967. These documents are becoming outdated as new technological
advancements come into play. It is clear that a reformation needs to be highly sought after.
Currently space law is mainly concerned with the protection of government liabilities and
the security of other nations. Space law is just like international law but on a more general scale,
for example space law consists mainly of conventions, international agreements, and treaties, all
aimed at government-to-government agreements. The few space laws that currently hold
prevalence in both the old and modern world are the “liability for damages caused by space
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objects, the settlement of disputes, the rescue of astronauts, the sharing of information about
potential dangers in outer space, the use of space-related technologies, and international
cooperation”(Robinson 35). These laws share the same goal, peace and safety among
government assets between nations. Yet, as private companies like SpaceX, a rocket
development facility, DSi, a space mining company, start to embellish themselves in space, it is
unclear as to whether or not these laws apply to them. Interestingly enough current space law
refuses to admit that space is the pinnacle of free human expansion and once tamed by
technology will create endless possibilities for such private organizations.
Private organizations like SpaceX and DSi are the current leaders in the private industrial
sector of space. SpaceX is a company concerned with profiting off the development of advanced
space travel. They build rockets for the government and other private companies, for example
TV-Satellite companies. They hope that one day they will be the leaders in rocket development,
to sell rockets like the Company Ford sells cars. Currently they are attempting to commercialize
space travel by advertising trips to the moon. These seats would be extremely expensive but as
they develop cheaper means of travel, SpaceX could be selling space tickets like Southwest
airlines sells plane tickets. SpaceX released a statement claiming “The Falcon 1 and Falcon 9
launch vehicles and the Dragon spacecraft are each poised to reduce the price point by a factor of
five to ten compared to vehicles with equivalent capabilities, paving the way the way for
dramatic changes in our use of space”(Vozoff 1). Therefore, the ethical issues concerned with
this type of business can be related to the ethical issues involved with the Automobile and
Aviation industries. For example, safety regulations and environmental risks involved with the
development of said rockets. DSi, or Deep Space Industries, is the first industrial attempt to mine
dependable resources in the solar system. They claim that they “will harvest, process, and
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manufacture these resources, creating a reliable supply chain of products, fuel and building
supplies in space”(DSi Website). These types of companies have an advantage; their product is
so valuable that it is worth the effort and expense to set up space locations close to their
resources. Future mining companies like DSi are the ones that will have the opportunity to
operate, without supervision of the government. These companies are concrete examples that
prove modern space laws need to be refined based on modern ethical beliefs, in efforts to
regulate the growing industry.
The first issue lawmakers face is reforming space laws so that they conform to modern
issues. For example, space is like the ocean; countries do not set their flag in the ocean, but if a
group of people were to set up a colony in the middle of the Pacific, they could do as they
pleased. In fact, would excuse these people from having to abide by maritime law. Therefore,
