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Is international space law up to the challenge of multiple space stations in LEO?

Presented by:

Stacey Henderson

Stacey Henderson

Flinders University

 

International space law never contemplated human habitation beyond the Earth. The existing international space law regime was created at a time when very few States had space capabilities, let alone private or commercial actors. Existing laws and policies are far more concerned with regulating space activities connected to Earth-based actors than with the regulation and interaction between multiple inhabited space stations in LEO. This paper explores the legal issues that arise in the context of multiple inhabited space stations in LEO. It examines issues such as priority access to resources for survival, protection of communications channels to and from Earth, provision of assistance to inhabitants of space stations, harmful interference, due regard, cooperation, interoperability, and obligations that inhabitants of one space station may have in respect of other space stations and their inhabitants in times of emergency. Drawing upon recent developments, such as the Artemis Accords, this paper argues that, while some obligations in respect of inhabited space stations may now be customary international law, further agreements between States and space agencies responsible for space stations are necessary to ensure clarity of responsibilities and obligations and to maximise protection for inhabitants.

Category:

Space law

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