Gaps in Space Law Fuel a "Wild West" Attitude

 

President John Kennedy once challenged America to lead in space, famously saying, “We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard.” Space exploration is indeed challenging, as highlighted by recent events in the private space sector.

Last week, a highly anticipated private mission to the moon faced a setback. Astrobotic Technology and the United Launch Alliance’s launch of their lunar lander, Peregrine, on a Vulcan Centaur rocket experienced a failure after a successful launch. The mission, a joint effort by Boeing, Lockheed Martin, and Blue Origin, aimed to achieve two historic milestones: the first American landing on the moon's surface in over 50 years and the first moon landing by a private company.

Unfortunately, the Peregrine encountered problems with its propulsion system after reaching orbit, leading to the mission's cancellation. However, the private sector and NASA are gearing up for another attempt in February. SpaceX, led by Elon Musk, will launch a mission on behalf of Intuitive Machines, carrying payloads for NASA. If successful, this mission will mark the first private company landing on the moon.

NASA's Artemis program, which aims to return humans to the moon, has also faced delays. Artemis II, a crewed mission to orbit the moon, has been pushed to September 2025, while Artemis III, which includes the first woman and man of color landing on the moon's south pole, is now scheduled for 2026. These delays are due to technical issues with the spacecraft, highlighting the complexities of space exploration.

Despite these setbacks, the era of commercial space exploration is well underway. The commercialization of space is projected to grow significantly in the coming years, with a predicted value of $642 billion by 2030. However, this rapid expansion brings its own challenges, including an increase in space debris and the need for updated space governance.

The growing number of satellites in orbit poses a risk of collisions and debris accumulation. Efforts to monitor and remove space debris are underway, but the technology is still in its early stages. Additionally, the competition over space resources, particularly the moon and asteroids, has the potential to fuel conflicts in space.

The lack of updated international treaties and guidelines for space activities has led to a complex legal landscape. Nations are enacting their own space laws to fill the gaps, leading to differing interpretations and potential conflicts of interest. For example, the US Commercial Space Launch Competitiveness Act grants American companies the right to own space resources, while the Outer Space Treaty prohibits national appropriation of celestial bodies.

As we venture further into space, it is crucial to address these challenges and establish clear guidelines for space activities. The commercialization of space offers great opportunities for scientific advancement and economic growth, but it also presents new risks that must be managed carefully. With the right approach, the exploration and utilization of space can benefit all of humanity.