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Problems with space law
problem no. 1 – Border
In theory, we all know where outer space is, but, in reality, where does it start? there are different theories. according to one concept, outer space begins approx. 100 km from the surface of the earth. according to another one, the border between airspace and cosmic space is determined by technical possibilities of airships. the third theory concerns the problem of borders within which different states may exercise their sovereignty.
Due to the ban on appropriating cosmic space and celestial objects provided for in the outer Space treaty, such sovereignty is, however, impermissible.
problem no. 2 – Legal status of outer space
the law which is currently in force is the agreement on the principles of activity of states in the scope of research and use of outer space, including the Moon and other celestial objects, also called the outer Space treaty. Pursuant to the treaty, the signatory states agreed, for example, not to place nuclear weapons or other weapons of mass destruction in orbit around the earth, on the Moon or anywhere else in cosmic space. according to the treaty, the Moon and other celestial objects may be used exclusively for peaceful purposes. each object launched into outer space belongs to the state in which it is registered and it is the law of that state which is in force on board. at the same time, astronauts are treated as envoys of all mankind and, if need be, each state should come to their aid.
problem no. 3 – planetary protection
Planetary protection is based on the legal obligations of signatories of the outer Space treaty. Space agencies are obliged to prevent the “smuggling” of microscopic living forms to other planets and moons. For this purpose, employees of the agencies regularly check so-called clean rooms and buildings used for preparation of space probes and other equipment for launching them in search of some microbes. The policy on Planetary Protection defines the limits of biological contamination and probability of hitting a planet or moon for all landers, orbiters and other spaceships performing the gravity assist manoeuvre. another aspect of Planetary Protection is the prevention of contamination of the earth’s biosphere by spaceships returning with samples from a different planet or moon.
Agnieszka Sikora, PhD Scientific journalist Editor-in-chief of the scientific portal of the University of Silesia in Katowice
