3.2.1 Outer Space Laws

Space law refers to the law that encompasses national and international laws governing all aspects of outer space activities. Recent history of space law began with the launch of the world’s first artificial satellite Sputnik by the Soviet Union in October 1957.

Space has an infinite number of resources and to set laws regarding these resources, if not impossible, would be very difficult. With the goal of setting outer space firmly in place and the nation mobilized around the common sociopolitical goal of defeating the Russians in the Cold War, an assembly of National Security and States Department officials sought to quash

President John F. Kennedy’s plans and eliminate this inspirational force.⁴

The 1967 Space Treaty prohibits any country from asserting sovereignty over any celestial body, thereby eradicating global international rivalry as a key ingredient in space exploration. In 1958, shortly after the launching of Sputnik, the General Assembly of the United Nations (UN) established an ad hoc Committee on the Peaceful Uses of Outer Space (COPUOS) by Resolution 1348 (XIII).⁵ The purpose of this Committee, which had 18 members at the time of its formation, was to consider the following:

• All of the activities and resources of the United Nations, its specialized agencies, and other international organizations regarding the peaceful uses of outer space.

• International cooperation and programs in related fields that could be restricted so that they all fall under the UN COPUOS.

• Organizational arrangement for such a plan.

• Legal and regulatory issues that relate to the COPUOS.

On December 12, 1959, the General Assembly established a Committee on the Peaceful Uses of Outer Space as a permanent body of the United Nations through Resolution 1472 (XIV).6 On December 20, 1961, the General Assembly of the United Nations in its 1058th plenary meeting adopted Resolution 1721 (XVI)7 through which member countries conducting space launches are requested to provide the information on their launching to the United Nations. Following this resolution, the “Convention on Registration of Objects Launched into Outer Space,” which was adopted by the General Assembly in 1974, entered into force in 1976.8 The status of an international agreement relating to activities in outer space as of January 1, 2010, is reflected in the Addendum to the “United Nations treaties and principles on outer space and related general assembly resolutions.” This report is available at the end of this chapter.9 On December 13, 1963, the General Assembly of the United Nations in its 1280th plenary meeting adopted Resolution 1962 (XVIII).10 In 1966 the Legal Subcommittee of the COPUOS (COPUOS is made up of two subcommittees: the Legal Subcommittee and the Technical Subcommittee) considered the Outer Space Treaty. In the General Assembly, in the same year an agreement was reached which is reflected in Resolution 2222 (XXI).11 For details of this resolution refer to the end of this chapter. This treaty was based on Resolution 1962 (XVII), adopted in 1963, as was referred to above, with the addition of a few provisions. The treaty entered into force in October 1967. The Outer Space Treaty provides the basic framework on international space law.12 Glen H. Reynolds and Robert P. Merges13 explain the problems of law and policy in outer space. In their words,

What has been lacking…. is a comprehensive introduction to the subject. That is the purpose of this book. The book is organized around the needs of space industry and those who deal with it. All private companies become involved in providing launch services and in conducting research and manufacturing in outer space, and as governments together for multinational space stations and other ventures, legal questions are raised that touch on virtually every subject in the law school curriculum, but in new settings. (p. xv)

The authors refer to some potential legal issues relating to outer space.¹⁴ For example, they point to often-asked questions: “how far up into the sky over their territory should nations be able to exert legal control?” (pp. 38–40). “What should be done about the increased crowding of geosynchronous orbit?” (pp. 214–215). “Can nations claim sovereignty over celestial objects or particular orbits around the Earth?” (pp. 41, 69–70). Issues such as the above have been addressed by organizations like the International Telecommunications Union (ITU) and some resolutions have been adopted by member countries.

For example the World Administration Radio Conference (WARC) convened two meetings in 1985 and 1988, which the author attended, by ITU addressing the use of geostationary satellite orbit (GSO) for radio services. Both conferences were aimed at resolving major policy issues in the international regulation regarding the fair use of GSO by all member countries. The first session, WARC-ORB (1), met in Geneva in August/ September 1985, and major changes were agreed for the regulations of the fixed satellite services. The main purpose was to guarantee access for all ITU member nations to the GSO in certain frequency brands and assure the efficient use of other frequency bands. The second session of the conference addressed the orbit-frequency allotment plans for the bands to which access is guaranteed. As far as the GSO orbit allocation was concerned, before the WARC-ORB conference, the GSO could be used by any country that had the technology and was able to launch a satellite into the GSO orbit. A major part of the conference was spent on making sure of an equitable allocation of GSO orbit to all member countries that had plans to launch a satellite into that orbit. After a very long and comprehensive discussion between the member countries regarding resolution of this concern, the conference made its conclusion that was based on fair and equitable access of GSO-Arc.

The conclusion arrived at was the allocation of parts of the GSO-Arc to each of the member nations. Of course there were conditions attached to this resolution.

The country to which the orbital location or locations were allocated had to comply with ITU regulations in terms of showing sufficient evidence that demonstrated the country’s plans for launching a satellite, or satellites, into the allocated orbital slots in the GSO orbit. Such orbital positions allocation was not on an indefinite basis either. If the time allowed to a country to launch its satellite would approach and no evidence was provided showing the intention to launch a satellite into orbit, then ITU would notify the country. If ITU does not receive a definite plan from the country, it would then reallocate the orbital position to another country that was in need and did not have any available orbital slots left.

This plan was fair for both developing and developed nations and would give opportunities to all nations to take advantage of their allocated orbital positions. There were cases that the country could not launch its own satellite into the orbital location allocated to them within the permitted time frame given by ITU and the country had to buy a “used satellite” from another country or organization and move the satellite to its orbital location to make sure its position in the GSO is not taken away. Although this was not a general practice, several countries took advantage of this approach.

Surprisingly, there are areas of terrestrial law that could be applied to outer space. International law, communication law, commercial law, intellectual property law, and international trade law are among such laws that Outer Space could benefit from. One needs to note that the international laws are enforced based on treaties that are agreements of the member country to follow the laws adopted by the international organization of which they are members.

The successful implementation and application of the international law governing space activities depend largely on the understanding, accepting, and implementing of such laws by adopting domestic policies that assure such activities. The UN General Assembly convenes its yearly meeting, reaffirming the importance of international cooperation in meeting the space law agreed upon by member nations and urges states that have not yet become parties to the treaties governing the exploration and use of outer space to give serious consideration to ratifying or acceding to them, as well as incorporating them into the national legislations. Other than the yearly meeting of the COPUOS that takes place on a global basis, there are national as well as regional workshops arranged to address this issue. At the time of the writing of this book, there is a call for participation and contribution to a workshop that is cosponsored by the United Nations, Thailand, and the European Space Agency (ESA).15 The objectives of this workshop were as follows:

• To promote understanding, acceptance, and implementation of UN treaties and principles on outer space.

• To promote exchange of information on national space legislation and policies for the benefit of professionals involved in national space activities.

• To consider trends and challenges to international space law, such as commercialization of space activities and an increase of actors involved in space activities.

• To consider development of university-level studies and programs in space law, with a view to promoting national expertise and capability in the field.

• To consider mechanisms for increasing cooperation in the peaceful uses of outer space.

3.2.2 Outer Space Exploration

Exploring outer space has always been a challenge for humans who were curious to find what lies above our immediate universe. The question as to whether there is life out there or aliens living on another planet has manifested itself in the form of poems, stories, paintings, or other forms of art and literature. Once astronomy and space technology matured, then space exploration extends to a new phase of getting closer to reality. The use of astronomy and space technology to explore outer space is considered to be a new start in space exploration. Physical space exploration conducted by human space flights and robotic spacecraft became a reality when the development of large and relatively efficient rockets allowed such exploration during the early 20th century. Although space exploration is commonly thought of as advancing scientific research with the goal of ensuring the future survival of humanity and uniting different nations, in reality it was a starting point in human history as a tool for military and strategic advantages of one country relative to others, and hence space exploration faced various criticisms.

We all remember or have heard of the “Space Race” between the old Soviet Union and the United States that started by the launch of the first man-made object to orbit the Earth, the Union of Soviet Socialist Republic’s (USSR) Sputnik 1 on October 4, 1957. This challenge was followed by the first Moon landing by the American Apollo 11 on July 1969. If we looked at what took place before the space race began, we notice the advances that German scientists made during World War II which laid the foundations for the space race.

The V-2 rocket was the first man-made object that was put into space on October 3, 1942, with the launching of V-4. This led to the first scientific exploration from space which was the cosmic radiation experiment launched by the United States on a V-2 rocket on May 10, 1946.

These space activities in both the United States and USSR prepared the way for the launch of an 83 kg (184 pounds) unmanned satellite called Sputnik that orbited Earth at a height of 250 km (150 miles). Sputnik had two radio transmitters operating at 20 MHz and 40 MHz that transmitted a “beep” signal that could be heard by radios worldwide. Sputnik burned up upon reentry on January 3, 1958. On January 31, 1958, the United States launched Explorer 1 into orbit on a Juno rocket. Explorer 1 discovered the existence of the Van Allen Belts around Earth.

The space race continued with the first human flight by Vostok 1 taking Yuri Gagarin, the 27-year-old Russian cosmonaut, in orbit around the globe in about 108 minutes on April 12, 1961. This was the start of a new era in space exploration which we can call the “human spaceflight era.” The next orbital flight around the Earth was John Glenn’s Mercury-Atlas 6 which took place on February 20, 1962. It took 42 years from the Vostok launch for a third country to enter into the human spaceflight race. China launched Yang Liwei into space on October 15, 2003, aboard the Shenzhou 5 (Spaceboat 5) spacecraft.

After successful launch of unmanned satellites and human space flights that orbited the Earth, it was now time for human curiosity to take another step toward outer space exploration. This was the beginning of planetary explorations. The first artificial object ever to reach another celestial body was Luna 2, originally named “Second Cosmic Rocket.” On September 14, 1959, Luna 2 became the first spacecraft to reach the surface of the Moon. It took another decade to reach a new and higher level in space exploration. On July 20, 1969, the first manned landing on another celestial body was performed by Apollo 11 in its lunar landing. This was followed by interplanetary missions. In 1970 Venera 7 landed on Venus collecting and returning data to Earth for 23 minutes.

Exploring outer space and its potential to help humans to survive is a thought that has been with us since the inception of space exploration. Stephen Hawking, the renowned British theoretical physicist said, “I don’t think the human race will survive the next thousand years, unless we spread into space. There are too many accidents that can befall life on a single planet. But I’m an optimist. We will reach out to the stars.”¹⁶

Professor Hawking, Lacasian Professor of Mathematics at Cambridge, said that the method of space exploration and colonization, apparently the stuff of science fiction, could be one possible escape from the human predicament.¹⁶

A timeline of solar system exploration ordered by date of spacecraft launch was compiled on Wikipedia.¹⁹ The data show all spacecrafts that have left Earth’s orbit for the purpose of solar system exploration, including lunar probes. The timeline begins with the launch of Sputnik 1 on October 4, 1957, which was the Russian’s first orbiter. Data are categorized for each decade and the last event shown is PICARD, launched June 15, 2010, as a solar orbiter. The planned timeline lists space exploration activities through the 2030s during which the United States will have manned landing on Mars. Space exploration entails regulatory concerns that the United Nations has addressed in the form of treaties, as briefly mentioned above. The 1967 Outer Space Treaty (OST) “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies”; the treaty was adopted on December 19, 1966, by the UN General Assembly through resolution 2222 (XXI).²⁰

Following this treaty, the agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects launched into outer space (1968 ARRA), the International Liability for Damage Caused by Space Objects (1972 LIAB), Registration of Objects Launched into Outer Space (1975 REG), and International Telecommunication Constitution and Convention (1992 ITU), were part of a series of treaties, agreements, and conventions that addressed space exploration and its multidimensional impact on humans worldwide. The most recent discussion on outer space exploration took place at the UN General Assembly Committee on the Peaceful Uses of Outer Space at its 53rd session in Vienna, June 9 to 18, 2010.²¹ In this meeting, agenda item 6 was the “Implementation of the Recommendations of the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE III).” The subcommittee noted the use of telecommunication in the content of tele-health and Earth observation applications in the content of tele-epidemiology, with an emphasis on improving public health and infectious disease management.

At the UNISPACE III conference, held in Vienna (July 9 to 30, 1999), the report²² summarized 33 conclusions and proposals on different activities related to the exploration and peaceful use of outer space. Items VI, “Conclusions and proposals of the symposium on recent progress and future plans for exploration of the solar system,” Item X “Conclusion and proposals of the symposiums on contribution of space techniques to the exploration of universe,” and items XXXIII, “Conclusions and proposals of the workshop on Mars exploration,” addressed the issue of outer space exploration in some detail. In the recent progress and future plans for exploration of the solar system, four large space agencies issued reports. Japan reported on the Moon, Russia on Mars, ESA (European Space Agency) on Mars and Mercury, and NASA on Moon and Mars explorations. In item X, the Committee on Space Research (COSPAR) organized this activity. The group expressed their satisfaction on the progress made since the second UN conference on the exploration and peaceful uses of outer space, held in 1982. In Item XXXIII, which focuses on Mars exploration, a Lidar instrument developed by the Russians to measure atmospheric dust and haze was mentioned. In addition, Ariave-5 was reported to deliver micromissions including four NETLANDERs, to the surface of Mars, which would study the interior of the planet and further track the evolution of water on it. As I was searching through the literature on space exploration, I came across a 1914 patent by Robert H. Goddard23 detailing a rocket apparatus. In this patent a mechanism for bringing back the rocket to Earth without damage was described. It is fascinating to see that a series of rockets, all within the same structure, are designed such that more rockets could be discharged to continue the mission to any desired extent. (Refer to the end of this chapter for the details of this patent.) Because of such visionary scientists, humans have achieved what we witness today.

3.2.3 Outer Space Challenges Ahead

The main challenge that needs to be globally accepted and plans developed accordingly, is how to use space for the benefit of the Earth and its entire people. Secure World Foundation’s President and Co-founder Cynda Collins Aresenault²⁴ asks: “What new leaders will step forward to inspire us in terms of our use of space for problem solving?” “What new discoveries will be made?” “What new inventions will open doors?” If one were to point to some of the challenges ahead in outer space, the following would be most probably among them:

1. International agreement on a Code of Conduct for outer space activities

2. Sustainability of outer space

3. Space traffic management

4. Space security

In the following sections, each of the above concerns will be addressed, but before we embark on addressing these crucial issues, let’s look at some of the visions and challenges that lie ahead. Future visions for information technology (IT) in space could be summarized as follows:

• Software-based capabilities enable space platforms with new onboard capabilities and long-term survivability.

• The role of software, information technology, and computing in space mission success is known and valued.

With no doubt, a future explosion of raw data collected by space platforms will require more capable, more reliable, and more complex software engineering to analyze such data. Modern information, software engineering, and computing technologies have numerous critical contributions to make toward the success of future space missions. The creation of sophisticated prediction models to define scientific investigations; the systematic exploration and detailed understanding of mission and space platform design; new approaches to the validation of complex software; capabilities for mission planning and execution in remote planetary environments; architectures for coordination of multiple space platforms; scaled bandwidth and networking to bring much more information from deep space back to Earth; and new ways to assist scientists searching for the nuggets in the data, even at collection time, are among so many challenges to be met.²⁵ Roger

Launius, chair of the Division of Space History of the National Air and Space Museum, suggested five major challenges that need to be made in future space exploration²⁶:

• Political will

• Cheap, reliable access to space

• Smart robots

• Protection of the planet and the species

• Exploration beyond low-Earth orbit

Bob Preston and John Baker in “Space challenges”²⁷ begin the discussion on challenges ahead in space by explaining how space activities are divided in the United States. Civil, national security, and commercial are mentioned as three distinct space activities. Civil sector refers to research and development activities, national security covers intelligence activities, and commercial sector refers to communications, remote sensing, launch, and so forth.

3.3.1 Space Shuttle Program

The space shuttle was developed by the National Aeronautics and Space Administration during the 1970s. The space shuttle system consists of four primary elements: an orbiter spacecraft, two solid rocket boosters (SRBs), an external tank to house fuel and oxidizer, and three space shuttle main engines. The shuttle transports cargo into near Earth orbit 100 to 217 nautical miles (115 to 250 statute miles) above the Earth. The space shuttle is launched in an upright position, with thrust provided by the three space shuttle engines and the two SRBs. After 2 minutes, the two boosters are spent and are separated from the external tank. They fall into the ocean at predetermined points and are recovered for reuse. The space shuttle main engines continue firing for about 8 minutes. They shut down just before the craft is inserted into orbit. The external tank is then separated from the orbiter. It follows a ballistic trajectory into a remote area of the ocean but is not recovered. Space shuttle specifications are shown in Figure 3.12. The orbiter’s velocity in orbit is approximately 25,405 feet per second (17,322 statute miles per hour). The shuttle orbiter is by far the largest spacecraft ever launched into orbit. Although its main engines are used only during launch, a complex system of secondary thrusters and maneuvering engines gives the orbiter mobility and versatility in orbit. The payload bay can carry up to two satellites or the space laboratory into orbit, while the remote manipulator system is used for satellite deployment or retrieval and for orbital construction tasks. NASA’s Space Transportation System (or STS), consists of four shuttle orbiters, Atlantis, Discovery, Columbia, and Endeavor. The shuttles can carry satellites, experiments, and space station components into orbit and return them to Earth. The remote manipulator arm can handle objects that on Earth would weigh more than 30 tons. It also serves as a highly maneuverable platform for moving around space walking astronauts. Space shuttle abort and normal mission profiles are shown in Figure 3.13. As was mentioned above, during the launch, the SRBs and the orbiter’s three main engines fire simultaneously for more than 2 minutes. Then the SRBs are jettisoned while the shuttle engines continue firing for another 6 minutes or more. When they stop, the big external fuel tank is jettisoned. In the event of an emergency, during launch, pilots have several abort options depending on how high they are, including Abort-to-Orbit, in which a safe, but lower, orbit can still be achieved; Abort-Once-Around, in which the shuttle executes one orbit and returns to Earth; Transoceanic Abort Landing, in which the shuttle lands at one of several sites in Europe or Africa; and Return-to-Launch Site, the most desperate option.

The European Space Agency (ESA) developed the Spacelab laboratory module, which could be installed in the cargo bay in different configurations, depending on the research mission. Astronauts enter the module through a tunnel to conduct experiments in life sciences, materials processing, astronomy, and Earth science. Different Spacelab configurations flew on 25 shuttle missions until the International Space Station was put into orbit. Astronauts inside the space shuttle orbiters are confined to a volume roughly the size of an average living room with up to seven crew members flying missions that can range from 5 to 18 days. The electricity for the orbiter is generated by fuel cells that combine stored hydrogen and oxygen. The chemical reaction produces electricity and, as a by-product, enough water for the crew. Prior to a shuttle launch, the orbiter must be prepared and the crew has to be trained.

The vehicle preparation takes place at the John F. Kennedy Space Center, Florida, over the course of 3 to 6 months—beginning with the orbiter’s return from its previous mission. Then the refurbishment, mating to the external tank, and solid rocket boosters in the enormous vehicle assembly building (VAB) and integration of the next mission’s payload follow.

Crew training can take several years for a complicated mission,³⁶ most of the crews’ training takes place at Johnson Space Center in Houston, Texas.

One challenging task is docking in space. A typical space station docking begins with the orbiter approaching the station, usually from below. The shuttle is equipped with a radar navigation system that gives distances to the approaching target. Computers control the gradual approach, and the manual phase of the docking begins when the orbiter is roughly a half mile from the station. The pilot controls the orbiter from the craft flight deck while communicating with the station commander and the flight directors back on Earth. Beginning at about 30 feet from the station, the orbiter approaches at a rate of roughly 0.1 feet per second until it connects with the station’s docking device.

Following the fourth orbited test flight of Colombia, the space shuttle entered its operation on July 4, 1982. The shuttle formally entered service with a variety of satellites-related missions. The fifth flight of Columbia, STS-5, in November 1982 was the first to carry a commercial satellite on board–a mission that was seen as vital to establishing the shuttle as a commercial launch vehicle. In addition to the flight crew, STS-5 became the first mission to carry mission specialists–highly trained nonpilot astronauts. The payload of two communication satellites deployed perfectly, and the only major problem on the mission was spacesuit flaw that prevented the first space walk of the shuttle program. The first full-scale science mission was Spacelab 1, carried aboard Columbia for the STS-9 launch in November 1983. By the end of 1985, the space shuttle program seemed to be getting into gear, with shorter intervals between flights and faster turnaround times for individual spacecraft. But then disaster struck. The launch of Challenger’s STS-51L mission on January 28, 1986, was the focus of unusual attention. It was the 25th flight, carrying a notable passenger–Christa McAuliffe from New Hampshire, who had been selected to become the first teacher in space and would be delivering lessons over a live television link from the shuttle to schools across the Unites States. But 73 seconds after launch, Challenger exploded in midflight, instantly killing all seven astronauts on board, showing debris across the Atlantic Ocean. Later, investigations showed that the night before launch, frost had formed on the shuttle, and a rubber O-ring seal had become brittle and unable to fill the joint properly under the stress of launch. Endeavor replaced Challenger after 32 months of spaceplane being grounded. The shuttle program resumed to launches of TDRS data satellite network in late 1988 and continued with launching classified, defense-related satellites. Spacelab missions resumed in 1990 with the ASTRO-1 astronomy mission. Challenger’s replacement, Endeavour, finally took to the skies in May 1992 with the STS-49 mission. Spacelab was built by the ESA to fit into the shuttle cargo bay. The Spacelab laboratory module was first flown in 1983, as was previously mentioned, and helped to address NASA’s lack of a permanent space station. The development for such a module was agreed upon in 1973 between NASA and ESA. The laboratory carried a wide range of experiments investigating everything from physics and materials science to space biology and astronomy, while its overall aim was to demonstrate the feasibility of carrying out such research in orbit. The Endeavour’s STS-99 in 2000 carried radar that mapped the elevation of 80% of the Earth’s surface. A blood sample taken during the first Spacelab mission revealed that weightlessness affects the production of red blood cells. The weightless environment of the shuttle allows physicists to see how materials behave away from the influences of gravity. NASA had decided to terminate the space shuttle program in 2011, counting on Russia to deliver payloads to the International Space Station (ISS). NASA’s final mission finally launched on February 24, 2011. In a spectacular afternoon launch, the space shuttle Discovery blasted off on one final mission on February 24th to cap off its prolific 27 years of spaceflight. Amid clear skies and warm temperatures, Discovery lifted off at 4:53 p.m. EST (2153 GMT) from Launch Pad 39A at NASA’s Kennedy Space Center. “It was kind of an exciting last few minutes of this countdown. Several of us have been around for many, many countdowns, and this was one for the record books,” said Mike Leinbach, NASA’s shuttle launch director. “We were a couple seconds away from losing the window.” The launch came as a relief after a last-minute glitch arose in a range-safety computer, threatening to prevent the liftoff. NASA cannot launch a shuttle unless the air space over Cape Canaveral is cleared by range safety officials. The issue was resolved within minutes of the launch, allowing Discovery to fly after all.

Recently a privately owned U.S. company put a spacecraft into orbit and brought it back in a ground-breaking test flight NASA hopes will lead to supply runs to the ISS after the space shuttles are retired in 2011.³⁷ The NASA-backed mission was designed to try out a new system for delivering cargo and possibly crew someday to the orbital outpost. This was the first time a private company launched and returned a capsule from orbit. Space Exploration Technologies’ Falcon 9 rocket lifted off at 10:43 a.m. from Cape Canaveral, Florida, and after two orbits of Earth, it parachuted to a splashdown in the Pacific Ocean more than 6 hours later, on December 8, 2010. The company intends to upgrade its capsule with launch escape systems and hopes it will serve as a taxi for astronauts and other people wanting rides to the Station.

3.3.2 Buran—The Soviet Shuttle

For Soviets to have a similar system to that of the U.S. Space Shuttle to maintain parity was important, and the Soviets’ decision to build and launch a space transportation system was announced in 1974, which at the time seemed quite logical. The spacecraft ended up looking similar to that of the United States, but its operating principle and launch hardware were quite different. Rather than build large solid rocket boosters, the design team decided on an entirely liquid-fueled rocket system, ultimately called the Energia, Soviets’ Reusable Space System (MKS is its Russian acronym) (Russian: Энергия, Energiya, “Energy”). The orbiter known as Buran was designed so that it could carry an extra 5 tons of payload compared to the Shuttle, and Energia could function as an independent launcher, carrying payloads other than the orbiter. Due to some financial difficulties and for cost-cutting purposes, although the Buran successfully orbited the Earth twice and executed a perfect landing in 1988, the program was formally cancelled in 1993.

3.3.3 The Mir Space Station

Less than a month after the American space program had suffered the loss of Challenger, the Soviet Union launched the space station Mir. The development work on a complex modular space station began in the mid-1970s by NPO Energia (Korolev, Moscow area). The development progressed throughout the early 1980s but was sidetracked by other spacecraft programs, such as the progress Cargo Ferry and Buran. It only took priority once this Bureau was given a launch deadline of spring 1986, to coincide with the 27th Communist Party Congress. Mir was intended to be the first space station with more-or-less continuous occupancy. Mir, the world’s first modular space station, used elements of the earliest civilian (DOS, Long- Duration Orbital Station; “DOS” in its Russian language abbreviation) Salyut stations, with additional laboratories and modules. By the end of 1990 Mir was approaching a decade of continuous operation during which a series of accidents threw the station’s future into doubt. The most dangerous accident was the fire of February 1997. After the Russian space station moved into its second decade, the Mir became notorious as an accident-prone spacecraft, even as it remained unparalleled in continuous service. A 15-minute fire in an oxygen-generating device imperiled the station in February 1997. Failures of the Elektron electrolysis oxygen-generating units and problems with altitude and environmental controls often seemed to alternate with computer malfunctions and power outages. The June 1997 collision with the Progress supply vehicle breached the integrity of the Spektr’s hull and rendered that module uninhabitable. But Mir remained, and its space explorers endured. Over its lifetime, the space station hosted 125 cosmonauts and astronauts from 12 different nations. It supported 17 space expeditions, including 28 long-term crews.

3.3.4 The International Space Station

In 1984, President Reagan announced that the United States was at last going to build a permanent space station. Soon with the politically loaded name “Freedom,” Europeans, Japanese, and Canadian space programs, joined the project, agreeing to provide their own laboratory modules and other elements. As the relationship between the United States and Russia improved, it led to a new way forward. The Russians had space station experience that could help NASA make its station a reality. In 1993, officials from the U.S. and Russian space agencies met to agree on a joint enterprise; the resulting station would be a hybrid of elements from Freedom and Russia’s own stalled Mir 2. At first called Space Station Alpha, before long it became simply the International Space Station (ISS). The first element put into orbit was the Russian-built functional cargo block.

The module known as Zarya had a dual purpose: generating power and providing propulsion and acting as the station’s heart during the early stages of construction. As the ISS grew larger and these functions moved elsewhere, it would become a storage facility.

The design of ISS has since changed with international contributions from Europe, Japan, and Canada. Table 3.1 shows the ISS characteristics, and Figure 3.14 shows the ISS configuration. The major components of the ISS are shown in Figure 3.15.

Since the first crew arrived in October 2000, the ISS has been continuously manned. As well as ongoing construction, the astronauts aboard work on a wide variety of scientific experiments. The following summarizes some of these experiments that were carried out on ISS, hosting state-of-the-art scientific facilities that support fundamental and applied research across the range of physical and biological sciences. From expedition 0 through 15, 138 experiments have been carried out on the ISS, supporting research for hundreds of ground-based investigators from the United States and international partners. Figure 3.15 also shows the distribution of experiments by discipline. Today, major research outfitting has grown to include 18 racks and facilities within the laboratory space as shown in Figure 3.16.

The focus of NASA’s ISS research has changed strategically to support the revision for space exploration. While still including some fundamental research in microgravity, the emphasis has shifted to programs targeted at developing and testing new exploration technologies and reducing the risks to human explorers on missions to the Moon, Mars, and beyond. During the 2008 calendar year, the laboratory space and research facilities were tripled with the addition of the European Space Agency’s (ESA) Columbus and Japanese Aerospace Exploration Agency’s Kibo scientific modules joining NASA’s Destiny Laboratory. By scientific theme, the investigations are categorized as follows³⁸:

• Technology development—Studies and tests of new technologies for use in future exploration missions. Areas of emphasis included spacecraft materials and systems, and characterization and control of the microgravity environment on ISS.

• Physical sciences—Studies of physics and chemistry in microgravity. Areas of emphasis include materials sciences experiments including physical properties and phase transitions in polymers and colloids, fluid physics, and crystal growth experiments.

• Biological sciences—Studies of biology using microgravity conditions to gain insight into the effect of the space environment on living organisms. Areas of emphasis included cellular biology, biotechnology, and plant biology.

• Human research for exploration—Human medical research to develop the knowledge that is needed to send humans on exploration missions beyond Earth’s orbit. These studies focused on the effects of living in space on human health and countermeasures to reduce health risks that will be incurred by living in space in the future. Areas of emphasis include physiological studies related to the effect of microgravity on bone and muscle, other physiological effects of space flight, psychosocial studies, and radiation studies.

• Observing the Earth and education–These activities and investigations all allowed students and the public to connect with the ISS missions; inspired students to excel in science, technology, engineering, and math; and shared the astronauts’ unique view of the Earth system with scientists and the public.

• Results from ISS operations—In addition to the formal, peer-reviewed scientific research and experiments, the ISS supports a large body of research using data from ISS operations, including routine medical monitoring of the crew and data that are collected on the ISS environment, both inside and outside of the ISS.

At the time of the writing of this book, expedition 28 is the current expedition with the planned launch date of June 7, 2011, 3 days from today. Future expeditions are expeditions 29 through 39 that will begin September 30, 2011, and continue through March 2014. So far 27 expeditions have been completed that started in October 31, 2000, and ended on April 4, 2011.

The research activities carried out onboard ISS have resulted in many publications. Figure 3.17 shows the publications of the ISS scientific results.³⁸ To date, there are over 200 publications directly resulting from research on the ISS.

3.3.5 Space Activities in Other Countries

Space activities spread to other countries in the early 21st century, and in what follows, some of these countries will be mentioned, although there are more emerging countries in this area.

Article I

The exploration and use of outer space, including the moon and other 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 be the province of all mankind.

Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.

There shall be freedom of scientific investigation in outer space, including the moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.

Article II

Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.

Article III

States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co-operation and understanding.

Article IV

States Parties to the Treaty undertake not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.

The moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the moon and other celestial bodies shall also not be prohibited.

Article V

States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the State of registry of their space vehicle.

In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other States Parties.

States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary-General of the United Nations of any phenomena they discover in outer space, including the moon and other celestial bodies, which could constitute a danger to the life or health of astronauts.

Article VI

States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.

Article VII

Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical persons by such object or its component parts on the Earth, in air or in outer space, including the moon and other celestial bodies.

Article VIII

A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.

Article IX

In the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. If a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.

Article X

In order to promote international co-operation in the exploration and use of outer space, including the moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality any requests by other States Parties to the Treaty to be afforded an opportunity to observe the flight of space objects launched by those States. The nature of such an opportunity for observation and the conditions under which it could be afforded shall be determined by agreement between the States concerned.

Article XI

In order to promote international co-operation in the peaceful exploration and use of outer space, States Parties to the Treaty conducting activities in outer space, including the moon and other celestial bodies, agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the Secretary-General of the United Nations should be prepared to disseminate it immediately and effectively.

Article XII

All stations, installations, equipment and space vehicles on the moon and other celestial bodies shall be open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited.

Article XIII

The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration and use of outer space, including the moon and other celestial bodies, whether such activities are carried on by a single State Party to the Treaty or jointly with other States, including cases where they are carried on within the framework of international intergovernmental organizations.

Any practical questions arising in connection with activities carried on by international intergovernmental organizations in the exploration and use of outer space, including the moon and other celestial bodies, shall be resolved by the States Parties to the Treaty either with the appropriate international organization or with one or more States members of that international organization, which are Parties to this Treaty.

Article XIV

1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at anytime.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Treaty.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

   R. H. Goddard,

   Rocket Apparatus,

   Application filed October 1, 1913.

   1,102,653           Patented July 7, 1914

   

   

   

   

5. The Depositary Governments shall promptly inform all signa-tory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices.

6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article XV

Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.

Article XVI

Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

Article XVII

This Treaty, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.

DONE in triplicate, at the cities of London, Moscow and Washington, the twenty-seventh day of January, one thousand nine hundred and sixty-seven.

1. Official Records of the General Assembly, Twenty-first Session, agenda items 30, 89 and 91, document A/6431.

References

1. Othman, E. 2006. Binomial coefficients and Nasir-al-Tusi, Scientific Research and Essay, 1(2): 28–32.

2. Al-Todhkira fiilm al-hay’a, See also Boyer (1947) and Dreyer (1953).

3. National Aeronautics and Space Administration (NASA), www.nasa.gov.

4. Zubrin, R. 1999. Entering space: Creating a spacefaring civilization, New York: Penguin Group, Supra note 54, at 12, http://www.amazon.com/Entering-Space-Creating-Spacefaring-Civilization/dp/1585420360#reader_ 1585420360.

5. Resolution 1348 (XII): Question of the peaceful uses of outer space. Adopted by the General Assembly of the United Nation’s 792nd plenary meeting, December 13, 1958.

6. Resolution 1472 (XIV): International co-operation in the peaceful uses of outer space. Adopted Resolution 1472 by the General Assembly of the United Nations, December 12, 1959.

7. Resolution 1721 (XVI): International co-operation in the peaceful uses of outer space. Adopted by the General Assembly of the United Nations, December 20, 1961.

8. Resolution 3235 (XXIX): Convention on the registration of objects launched into outer space. Adopted by the General Assembly of the United Nations, November 12, 1974.

9. Addendum 3, Revision 2 of General Assembly, January 1, 2010.

10. Resolution 1962 (XVIII): Declaration of legal principles governing all activities of states in the exploration and use of outer space. Adopted by the General Assembly of the United Nations, December 1963.

11. Resolution 2222 (XXI): Treaty on principles governing the activities of states in exploration and use of outer space, including the Moon and other celestial bodies, 1966.

12. Kopal, V. 2008. 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, http://untreaty.un.org/cod/avl/pdf/ha/tos/tos_e.pdf.

13. Reynolds, G.H., and R.P. Merges. 1989. Outer space: Problems of law and policy. Boulder, CO: Westview Press.

14. Cooper, S.B. 1990. Outer space law. Harvard Journal of Law and Technology, Spring: 275–278.

15. United Nations/Thailand/European Space Agency (ESA) Workshop on Space Law. 2010. Activities of states in outer space in light of new developments: Meeting international responsibilities and establishing national legal and policy frameworks. Bangkok, Thailand, November 16–19.

16. Highfield, R. 2001. Colonies in space may be only hope, says Hawking, Science Editor, The Telegraph, October 16.

17. Clarke, A.C. 1950. Interplanetary flight—An introduction to astronautics. New York: Harper and Brothers, Chapter 10.

18. Wikipedia. Space exploration, http://en.wikipedia.org/wiki/Space_exploration.

19. Wikipedia. Timeline of solar system exploration. http://en.wikipedia.org/ wiki/Timeline_of_Solar_System_exploration.

20. 2222 (XXI). Treaty on principles governing the activities of states in the exploration and use of outer space, including the Moon and other celestial bodies, www.oosa.unvienna.org/oosa/SpaceLaw/gares/html/gares_21_2222.html.

21. Report of the Scientific and Technical Subcommittee on its 47th Session, Vienna, February 8 to 19, 2010.

22. Report of the Third UN Conference on the Exploration and Peaceful Use of Outer Space, Vienna, July 19 to 30, 1999.

23. Goddard, R.H. 1914. Patent 1,102,653, Rocket apparatus, July 7, http://www. google.com/patents?id=ikBJAAAAEBAJ&printsec=abstract&zoom=4&source =gbs_overview_r&cad=0#v=onepage&q&f=false.

24. Secure World Foundation. 2008. Earth and space security: Progress and challenges ahead, December 31, http://www.newswise.com/articles/earth-and-space-security-progress-and-challenges-ahead.

25. Doyle, R.J. 2003. Challenges and opportunities for information technology on future space missions. NASA/JPL, Presentation, RJD 10/30/02, April 1.

26. Scheiderer, G. 2010. Five challenges for future space exploration, Seattle Astronomy Examiner, April 20.

27. Preston, R., and J. Baker. 2002. Space challenges. In United States air and space power in the 21st century strategic appraisal (Chapter 5, pp. 143–185). Edited by Z. Khalilzad and J. Shapiro. Santa Monica, CA: RAND.

28. Secure World Foundation. 2008. A code of conduct for outer space: A step forward on managing satellite traffic, March 28.

29. Long-term sustainability of space activities, preliminary reflections, UNCOPUOS Scientific and Technical Subcommittee, February 2010.

30. Presentation by H. Klinkrad of the European Space Agency to the Scientific and Technical Subcommittee of the UNOPUOS, February 2008.

31. Weeden, B., and B.B. Walker. 2007. Space traffic management, p. 13, http://swfound. org/media/5167/spacetrafficmgmt-bw-2007.pdf.

32. Space Security Index, 2010, www.spacesecurity.org/spacesecurity.2010.reduced. pdf.

33. Marshall, W. 2008. Space security ways forward, SETI Institute, California, October 12.

34. Tabulation of “Orbital Box Score Data,” Orbital Debris Quarterly (January 2010) www.orbitaldebris.JSC.nasa.gov/newsletter/pdfs/ODQNv14i1.pdf.

35. SpaceSecurity.org. 2010. Library and Archives Canada Cataloguing in Publications Data, Space Security.

36. Space shuttle detailed block program, http://www.google.com/search?hl=en& client=firefox-a&rls=org.mozilla:enUS:official&channel=np&q=space+shuttle+ detailed+block+diagram&bav=on.2,or.r_gc.r_pw.&um= 1&ie=UTF 8&tbm=isc h&source=og&sa=N&tab=wi&biw=1366&bih=624.

37. Private space mission a success, A.M. New York, December 9, 2010.

38. International Space Station Science research accomplishments during the assembly years: An analysis of results from 2000 to 2008. Cynthia A. Evans and Julie A. Robinson, Office of the International Space Station Program Scientist, NASA Johnson Space Center, Houston, Texas; Judy Tate-Brown, Tracy Thumm, and Jessica Crespo-Richey, Engineering and Science Contract Group, Houston, Texas; David Baumann and Jennifer Rhatigan, NASA Johnson Space Center, Houston, Texas, June 2009.

39. Page, J. 2010. Orbital paths of U.S., China set to diverge, The Wall Street Journal, October 29.

* Wikipedia, http://en.wikipedia.org/wiki/space, p. 4.