17
New spacefarers
A
n increasing number of countries are looking to satellites to facilitate development, for example to monitor the climate, locate resources, prevent natural disasters, and improve agriculture.71 However, there is a significant head start for established spacefaring nations which already possess the technological and economic means to exploit positions in Geostationary Orbit (GEO). Moreover, there are differing interpretations of the OST, which may favor the interests of major space powers over other actors.72 The Outer Space Treaty was drafted in the context of the era and space exploration at the time, reflecting tensions between the United States and former Soviet Union.73 Its key objectives were to prevent state appropriation and war in space, particularly nuclear conflict.74 It is therefore intended to apply broadly and does not account for rapid commercialization and the diversity of actors and space activities in new space.75 It is also worth considering that the Treaty was dated around the same time that many former colonies sought independence from their former colonizers.76 It therefore seems even more important to consider the
perspectives of all nations and prevent inequity in space.77 The 1976 Bogotá Declaration saw several equatorial countries attempt to stake claim to sections of GEO located above their national territories.78 Colombia, the Republic of Congo, Ecuador, Indonesia, Kenya, Uganda and The Democratic Republic of the Congo initially entered the agreement, with Brazil signing as an observer, and Gabon and Somalia joining later. 79 The claims made under the Declaration were backed by the argument that these segments of GEO are linked to these territories by Earth’s gravitation, and hence fall under their national sovereignty as natural resources.80 This understanding does not consider GEO part of outer space – particularly as the OST lacks a clear legal definition of outer space – but as a part of airspace above equatorial territories.81 The United Nations Outer Space Legal Subcommittee debated the Declaration in 1977, with several equatorial countries expressing that the OST did not account for their interests and that a rejection of their sovereignty claims could lead to neo-
71
Durrani (2018). Pershing (2019). 73 Pershing (2019); Wrench (2019); Brehm, Andrew (2015). Private Property in Outer Space: Establishing a Foundation for Future Exploration. 33 Wisconsin International Law Journal 353. https://repository.law.wisc.edu/s/uwlaw/item/77011 74 Pershing (2019); Wrench (2019); Brehm (2015). 75 Pershing (2019); Lim, Jonathan (2018) The Future of the Outer Space Treaty – Peace and Security in the 21st Century. Global Politics Review. Open Access Journal of International Studies 4(2), 72-112. https://www.globalpoliticsreview.com/publications/24649929_v04_i02.pdf#page=72 76 Durrani, Haris (2019) Is Spaceflight Colonialism? The Nation. 19 July 2019. https://www.thenation.com/article/world/apollo-spacelunar-rockets-colonialism/ 77 Thornburg (2018). 78 Giacomin (2019). 79 Giacomin (2019). 80 Agama (2017). 81 Agama (2017). 72
EQUITABLE ACCESS TO SPACE
INTERPLANETARY INITIATIVE
