Thursday 12 April 2012

First Flight...


It seems appropriate that I should start writing the first blog post today, 12th April 2012, 51 years after Yuri Gagrin's first orbit of the Earth heralded the start of humanity's exploration of the space beyond their own planet. This blog hopes to provide regular updates on all issues surrounding the legal aspects of space exploration.

What is Space Law?


In this blog, I will be writing about what exactly "Space Law" is and the nature of some of the issues that a lawyer will face when dealing with extra-terrestrial cases together with the political developments that will have both a direct and indirect influence on Space exploration. These issues comprise regulation of commercial activities, military uses of space, the exploitation of other celestial bodies and also space tourism, with the prospect of increased numbers of space travellers. In reality, "Space Law" is a catch-all term that covers the regulation of human behaviour beyond the boundaries of the earth and as such encompasses contract law, tortious law and even criminal law. This blog will try and map the development of the emerging law relating to extra-terrestrial activities and hopefully provide some relevant comment and analysis. 

Theories of Space Law


The blog will also look to explore the underlying philosophy as to what Space Law should be as well as what it is. These jurisprudential theories are somewhat overlooked in Space Law, which remains largely doctrinal in its approach. The law we export beyond the planet, however, needs to be viewed as more then mere regulatory mechanisms. More than any other form of law, Space Law operates on a transnational and international canvas - this blog will seek to explore how this international dimension impacts upon the legal frameworks that are developing and that are yet to develop. This blog does not seek to provide the definitive position on such issues, rather serve as a starting point from which the debates and ideas can blossom. 

The main focus of this blog will, therefore, be upon legal aspects to space exploration, however it will also seek to keep you updated about general issues from the whole area of space travel. My training (and expertise) is from a legal academic point of view but my interests span the scientific, technical and political dimensions of space exploration and I hope to share with you not only the current issues but also future developments and those projects and ideas that foster the rêve des étoiles, a dream which drives humanity beyond its current boundaries.

Coming Soon: Thoughts on "The Outer Space Treaty"


The next blog post will examine exactly what we mean by Space Law, this will encompass a nod to the work of Professor Bin Cheng, one of the founding fathers of Space Law and an examination of the work of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). Most of what is understood to be "Space Law" stems from the five treaties negotiated within this committee including the seminal "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and other Celestial Bodies" - more commonly referred to as "The Outer Space Treaty". The OST is regarded by many academics as the "Magna Carta" of Space Law and no serious Space Law discussion can occur without reference to this treaty. Full details of the treaty can be found on  the United Nations Office for Outer Space Website website here.

In the meantime, to celebrate Yuri's Night here is a short documentary made about that historic and inspiring 90 minute voyage;


At a time when the world appears to be an increasingly uncertain place, when optimism is low and society seems fractured and intent on discussing differences, I wish you a "Happy Yuri's Night" with all of the hope and excitement that such an anniversary offers.


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