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2. International Legal Framework
S
pace is essential for critical infrastructure, national security, transport, trade and logistics, not least the everyday activities of citizens, such as access to Global Positioning System (GPS), television and the internet. Access to space has the potential to boost countries’ economic development, in climate monitoring, resource location and mitigating natural disasters. Space programs may bring wider socioeconomic benefits in the form of workforce upskilling, industry growth, scientific research and international status. The existing international legal framework comes from several sources, including the United Nations Office of Outer Space Affairs (UNOOSA), the UN Committee on the Peaceful Uses of Outer Space (COPUOS – see box on right) and five UN space treaties, including the Outer Space Treaty (OST – see section below). The following frameworks were established in the aftermath of the Cold War and have not adapted to the rapidly evolving space domain. The costs of space programs have decreased due to rapid commercialization and miniaturization. Formerly the size of a garbage truck, sophisticated satellites are
now often smaller than a microwave.23 Today’s systems are cheaper to design, manufacture and launch. For example, the SpaceX Falcon offers competitive launch costs at less than $1,300 per pound of payload.24 The cost of NASA launch vehicles from a decade ago cost an average of $30,000 per pound of payload.25 A growing number of actors are able to assemble modular CubeSats for launch by private companies. However, significant barriers to space access remain to developing countries, which combined with rapid commercial
UN Space Governance The United Nations Office of Outer Space Affairs (UNOOSA) was founded in 1958 to establish an international governance framework for space activities. Since 1962, UNOOSA has maintained a registry of objects launched into space26. The UN Committee on the Peaceful Uses of Outer Space (COPUOS) was formed in 1959 to “govern the exploration and use of space for the benefit of all humanity”.27 COPUOS is responsible for drafting and implementing the five UN space treaties (see section below).
23
Davenport, Christian. (2021) The revolution in satellite technology means there are swarms of spacecraft no bigger than a loaf of bread in orbit. The Washington Post, 6 April 2021. https://www.washingtonpost.com/technology/2021/04/06/small-satellites-growthspace/ 24 Sheetz, Michael (2022) SpaceX raises prices for rocket launches and Starlink satellite internet as inflation hits raw materials. CNBC. 23 March 2022. https://www.cnbc.com/2022/03/23/spacex-raises-prices-for-launches-and-starlink-due-to-inflation. 25 Ibid. 26 UNOOSA (2022) United Nations Register of Objects Launched into Outer Space. https://www.unoosa.org/oosa/en/spaceobjectregister/index.html 27 UNOOSA (2022) Committee on the Peaceful Uses of Outer Space. https://www.unoosa.org/oosa/en/ourwork/copuos/current.html
EQUITABLE ACCESS TO SPACE
INTERPLANETARY INITIATIVE