How to make laws for Space?- The Space Lawyer -

(Interviewed October 2021)
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Laws exist for everything, even space!
But they are what regulate and promotes space exploration.
I interviewed Dr Vince, a master of Space Law.

Introducing Dr Vince

His full name is Dr Vince SEE Eng Teong, 
he is the founder of ETCoLaw offices.
He holds a Bachelor of Laws degree from King’s College London, a Master of Laws degree in Air and Space Law from the Institute of Air & Space Law (IASL), McGill University in Montréal, Canada.
When studying at the IASL—the world’s first and oldest institute specializing in Aviation Law—he received the Professor Masao Sekiguchi Fellowship in Air & Space Law, a prestigious fellowship for students with outstanding achievements in Aviation Law and Practice!

Quick Guide: What is Space Law?

Space Law is the law that regulates the activities in space. International Space Law is just like other International Laws, there are many agreements, conventions, treaties and United Nations General Assembly resolutions. 
There are 5 main conventions and policies:

5 main CONVENTIONS:
Outer Space Convention (1966)
- space is for everyone
- No state/private entity may claim sovereignty over outer space
- Do not put weapons in space
- Celestial Bodies(like the moon) must be used peacefully
- Astronauts are envoys of humanity
- Countries are responsible for damage caused on earth/in space by their country's spacecraft
- Don't pollute space
Rescue Agreement (1968)
- Rescue astronauts in distress, even if they aren't from your country
- Send the astronauts back to their home country
- Assist countries that need help in recovering their astronauts
Liability Convention (1972)
- Countries are responsible for damage caused on earth/in space by their country's spacecraft
- that means countries have to pay compensation if anything happens
Registration Convention (1976)
- Countries need to register their satellites/spacecraft/objects in space so that they are known to the international community.
The Moon Agreement (1984)
- the exploration of the moon must be for peaceful purposes only.
- No country should cause harm to the moon's natural environment
- the UN must be notified of any stations on the moon
- the moon's resources are for everyone

5 main PRINCIPLES:
The "Declaration of Legal Principles"
Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space
The "Broadcasting Principles"
The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting
The "Remote Sensing Principles"
The Principles Relating to Remote Sensing of the Earth from Outer Space
The "Nuclear Power Sources" Principles
The Principles Relevant to the Use of Nuclear Power Sources in Outer Space
The "Benefits Declaration"
Promoting the development of space science and technology and of its applications

LINK TO UNOOSA ALL SPACE CONVENTIONS AND PRINCIPLES

Space Law is similar to Aviation Law, as international conventions and bodies come first before national regulations are made. (a top-down model)

The big difference between Space law and Aviation Law is that there is no international organization that is in charge of regulating space activities, unlike the ICAO (International Civil Aviation Organization).
The closest groups are the UNOOSA (United Nations Office of OuterSpace Affairs) and COPUOS (Committee On the Peaceful Use of Outer Space).

Will there be a new International Space Law soon?

Probably not. (haha)
There are multiple reasons why it wouldn't happen: firstly because all the principles have been in the 1960-the 90s and they are old, but they are still applicable. therefore no one wants to change it.  Secondly, because the current 5 conventions are quite ambiguous (meaning the rules could be interpreted differently depending on who is reading it.) The states want to be able to play within the laws to see how far they can tread. For example, big spacefaring countries such as the US, Russia and China wouldn't want too many regulations because their goal is to use space for the military or for mining resources. 

The politicians don't have a vision for the future, except for using space to their advantage. Already, we are at a point where Star Wars is a reality, the technology for it exists. What academics can do, is to push for national Space Laws to regulate activities in space, so as to indirectly promote the peaceful use of space.

Technological advancements may be a good reason to make a new convention: the technology needed to go to space have advanced so much since the 1990s, the current space treaties are not keeping up.

I do not own the image above.
(photo by Carol Kennedy on Unsplash, Disney's Hollywood studios, US)

What's the future of Space Law?

It's unlikely that a new International Space Law would be made, but more and more national Space Laws would be made as the commercial space sector expands. The country decides who can own a spacecraft, where to launch it, who is qualified to train the passengers (going up to the sub-orbital level does need some training, although it's not as rigorous as the astronauts going into outer space) and who can sell the seats on the spacecraft, etc.

It is unsure whether sub-orbital methods of travel would boom as much as civil aviation did, as training is required for anyone going up to the sub-orbital level.

Sub-orbital travel:
Some people had this idea to launch spacecraft up to the sub-orbital level to speed up international travel: for example, right now it takes around 13 hours to fly from Tokyo to New York. However, with sub-orbital travel we might be able to shorten the time of travel to any city in the world.

How do politicians talk about space?

The decision-makers that cast the vote are the politicians at the UN General Assembly. However, space law experts of each country gather and sit down to discuss beforehand. Once they reach a consensus, they go back to their respective governments and advise them.

Similarly, when Malaysia's Parliament drafted the first national space law(not passed yet), his friend, who is one of the members of Parliament called him up for advice on the matter.

What kind of jobs can be involved in making international space law?

Because space law is international in nature, many experts from different countries are involved. Other than space lawyers and politicians, you need rocket science engineers, space engineers, space propulsion engineers.
(This is because jet science is completely different from rocket science.)

If you want to be involved in the space sector, you need to be one of the people who understand high-level physics.

What were the benefits of studying Space Law?

Dr Vince went to McGill primarily to study Aviation Law. However, the degree included two courses: Aviation Law and Space Law.

Although Space law isn't used much in daily life, the fact he studied it gave him a rarity value, because a) the commercial sector of Space is expanding very quickly, b) He is probably the ONLY person in Malaysia who has a Masters Degree in Space Law. 

Dr Vince's message to young people today:

"Study as many different subjects that interest you, so that you can keep your options open."

Notable Universities that offer space law courses now:

Leiden University (Netherlands)
McGill University (Canada)
Northumbria University (UK)
The University of Mississippi (US)

Thank you, Dr Vince! @ Space Cafe(not😜)