*Note author affiliations are from 2022
Shiqi Cheng1, Aishik Dhori2, Alex Zhang3, Brooke Ellison4
1Illinois Mathematics and Science Academy, Aurora, IL, 60506; 2Munster High School, Munster, IN 46321; 3Newton North High School, Newton, MA 02460; 4Center for Compassionate Care, Medical Humanities, and Bioethics, Health Science Center, Stony Brook University, Stony Brook, NY 11794
*Editors: Hugo Onghai, Ethan Pereira
In 1966, amidst the Cold War, the first regulations of space usage were created. Since then, decades of advancements in space exploration have made these regulations outdated. Therefore, there is a growing need to renew our considerations of access and ethics in space.
The purpose of the original 1966 UN Treaty on “Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” was to create a standard baseline of ethics and policies governing space exploration. It outlined the basic rules to be observed by nations exploring space, such as the prohibition of weapons testing or placement. However, the treaty never set sanctions for nations violating its policies, ultimately undermining itself.
Another issue with the treaty is the scope of what is addressed. Space exploration during the 1960s was more novel and limited compared to the diverse public and private sectors of space exploration today. In the 1960s, the main space agencies were the United States’ NASA and the Soviet Union’s Kosmicheskaya Programma SSSR. Today, space exploration is far more accessible with both private companies and government associations leading space flights and explorations. Commercial companies like SpaceX, Blue Origin, and Virgin Galactic have significantly contributed to space exploration without explicitly representing a country. The initial treaty never accounted for this, leading to regulation failures as the questions arise as to what rules companies and nations play by in space.
As the environment surrounding space exploration rapidly changes, it becomes necessary to reform the regulations guaranteeing equal access to space. Here, we discuss three questions which new regulations should seek to address: What responsibilities do space exploration entities hold in maintaining the extraterrestrial environment (i.e. cleaning space junk); How should regulations for companies and national space agencies differ; and how do we ensure that countries lacking infrastructure and/or a national space program can benefit from expanding space exploration.
- What responsibilities are held by those who explore space in maintaining its environment?
The Treaty on “Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies” calls for the, “use of outer space, including the moon and celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall province all of mankind.” This raises the question: should nations and corporations exploring space be required to maintain the current environment?
Decades of space exploration have led to the proliferation of out-of-commission satellites (space debris) into low-earth-orbit (LEO). The presence of space junk in LEO increased the danger of exploring space as, “Collisions with debris larger than 1 cm would disable an operational spacecraft, and may cause the explosion of a decommissioned spacecraft or rocket body.”[1] The deposition of such debris inherently limits access to outer space, putting national space agencies in violation of the treaty. As such, we propose a framework based on current environmental protection laws and space debris policies to limit the further proliferation of space junk, and consequently enable equal access to outer space by ensuring that nations that are just in the early days of space exploration have the same ability to explore space without the threat of damage to critical instruments from space junk that would limit their progress.[2]
We also see it necessary for the UN to implement penalties for violators of the treaty. Currently there exists no such sanctions against offending parties. We recommend a six-month ban from the use of space exploration facilities operated by any member of the treaty, with extensions on the sanctions if such behavior is not rectified.
- How does the rise of private space exploration companies affect access to space?
When the Outer Space Treaty was written, space exploration was limited to only the national space agencies due to its novelty at the time. Recently however, Harvard Business Review claimed that “The Commercial Space Age Is Here.”[3] Many companies founded by deep-pocketed billionaires have not only entered the industry but in many ways lead the sector. For example, Elon Musk’s SpaceX Falcon 9 rocket was chartered by NASA to send its astronauts to the International Space Station.[4] While the treaty also applies to the companies within the states, like nations, there is still a lack of a way to punish companies. That fact, in addition to how drastically the situation has evolved, calls for another look at how private companies are regulated, in particular to maintaining rights to space.
It would be an understatement to say that private businesses have a history of negatively impacting the environment. The infamous BP oil spill, for example, is still negatively impacting wildlife over a decade and 65 billion dollars after the spill itself.[5,6] In addition, companies continue to willfully produce copious amounts of greenhouse gasses.[7] Due to the massive scale of space exploration, an accident or clandestine operations by corporations could lead to large amounts of space debris or another situation that would inhibit our ability to explore space.[8]
Finally, It is also important to not give all regulatory responsibilities to nations. National interests often are in direct opposition with other nations’, such as the conflict around Ethiopia’s dam, and may lead to an overall detriment to humanity as a whole, while benefiting one specific nation.[9] This may incentivise nations to turn a blind eye to violations of treaties designed to protect space.
- Access to smaller nations in space?
The Outer Space Treaty was mainly used to set regulations for the two main organizations exploring space during that time: NASA and the Kosmicheskaya Programma SSSR. In more recent years, more and more countries (including those of less wealth and size) have joined in on space exploration. However, we have to consider whether smaller countries are getting equal access to the benefits space exploration may hold.
Recent studies have shown that smaller countries are quite interested in expanding their role in space. While these countries seek national pride through space exploration, the greater reason is the desire to benefit commercially. One of the leading, small-sized countries in space travel is Luxembourg where there is hope to “scour the Moon for profitable mineral and gaseous resources, as well as life-sustaining lunar water”.[10] Both Luxembourg and another small country, New Zealand, are making noteworthy, competitive strides by luring in private firms to finance these explorations. Luxembourg’s entrance into the space resources race attracted many private companies, many of which are from the United States. Similarly, New Zealand has been arranging deals with large companies including Rocket Lab (a California-based company) which notably launched a test rocket into space from New Zealand. Additionally, New Zealand signed the Artemis Accords with NASA in May 2021 which outlines the plans NASA has to launch humans to Mars.[11]
However, there are many small countries that aren’t reaping the resources outer space brings. During a United Nations Conference, many countries brought up concerns with the lack of access small countries have to space and their dire need for space resources. South Africa’s representative presented Africa’s need for space products and services as its economy is becoming greatly reliant on space resources, such as satellites for communications or extraterrestrial mining. In many of these less developed countries, space exploration and the resources it creates can result in new opportunities for impoverished nations, as demonstrated by Bolivia and Paraguay, two nations that have started their own space agencies since 2010 to manage their satellites.
Many observers concluded that there was a need to formally declare these conversation points possibly with a newly established treaty. This document would be used to outline peaceful exploration of outer space, equitable access to space, and transparency regarding outer space experiments.[12] If this document is established, many smaller countries will have more resources to succeed both on Earth and outside Earth’s atmosphere.
References
[1] “FAQ: Frequently Asked Questions.” ESA, www.esa.int/Safety_Security/Space_Debris/FAQ_Frequently_asked_questions.
[2] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, United Nations, New York (ST/LEG/SER.E), as available on https://treaties.un.org/Pages/ParticipationStatus.aspx on (10 August 2021)
[3] Weinzierl, Matt, and Mehak Sarang. The Commercial Space Age Is Here. Harvard Business Review, 12 Feb. 2021, hbr.org/2021/02/the-commercial-space-age-is-here.
[4] Brown, Katherine. “NASA’s SpaceX Crew-2 Astronauts Headed to International Space Station.” NASA, NASA, 23 Apr. 2021, www.nasa.gov/press-release/nasa-s-spacex-crew-2-astronauts-headed-to-international-space-station.
[5] Bousso, Ron. “BP Deepwater Horizon Costs Balloon to $65 Billion.” Reuters, Thomson Reuters, 16 Jan. 2018, reuters.com/article/us-bp-deepwaterhorizon/bp-deepwater-horizon-costs-balloon-to-65-billion-idUSKBN1F50NL.
[6] Meiners, Joan. Ten Years LATER, BP Oil Spill Continues to Harm Wildlife-Especially Dolphins. National Geographic, 3 May 2021, www.nationalgeographic.com/animals/article/how-is-wildlife-doing-now–ten-years-after-the-deepwater-horizon.
[7] Taylor, Matthew, and Jonathon Watts. Revealed: The 20 Firms behind a Third of All Carbon Emissions. The Guardian, 9 Oct. 2019, www.theguardian.com/environment/2019/oct/09/revealed-20-firms-third-carbon-emissions.
[8] Bump, Philip. NASA’s Piece of the Budget Has Declined by Half since the Pluto Mission WAS BROACHED. The Washington Post, 26 Apr. 2019, www.washingtonpost.com/news/the-fix/wp/2015/07/14/it-took-4-percent-of-the-federal-budget-to-get-to-the-moon-pluto-is-much-cheaper/.
[9] Max Bearak, Sudarsan Raghavan. Africa’s Largest DAM POWERS Dreams of Prosperity in Ethiopia – and Fears of Hunger in Egypt. The Washington Post, 15 Oct. 2020, www.washingtonpost.com/world/interactive/2020/grand-ethiopian-renaissance-dam-egypt-nile/.
[10] Calderon, Justin. “The Tiny Nation Leading a New Space Race.” BBC Future, BBC, 16 July 2018, www.bbc.com/future/article/20180716-the-tiny-nation-leading-a-new-space-race.
[11] “Luxembourg Liftoff? How Some of the World’s Smallest Nations Have Joined the Space Race.” The Independent, Independent Digital News and Media, 18 July 2019, www.independent.co.uk/news/science/space-race-apollo-11-anniversary-moon-landing-nasa-a9008421.html.
[12] “Outer Space Activities Must Benefit All States, No Matter Their DEVELOPMENT Levels, Delegates TELL Fourth Committee as It Begins General Debate | Meetings Coverage and Press Releases.” United Nations, United Nations, www.un.org/press/en/2019/gaspd703.doc.htm.