Space policy is the political decision-making process for, and application of,public policy of astate (or association of states) regardingspaceflight and uses ofouter space, both for civilian (scientific andcommercial) andmilitary purposes.International treaties, such as the 1967Outer Space Treaty, attempt to maximize the peaceful uses of space and restrict themilitarization of space.
Space policy intersects withscience policy, since national space programs often perform orfund research inspace science, and also withdefense policy, for applications such asspy satellites andanti-satellite weapons. It also encompasses government regulation of third-party activities such as commercialcommunications satellites andprivate spaceflight.[1]
Space policy also encompasses the creation and application ofspace law, andspace advocacy organizations exist to support the cause ofspace exploration.
Space law is an area of the law that encompasses national andinternational law governing activities inouter space. There are currently six treaties that make up the body of international space law.
The inception of the field of space law began with the launch of the world's first artificial satellite by theSoviet Union in October 1957. NamedSputnik 1, the satellite was launched as part of theInternational Geophysical Year. Since that time, space law has evolved and assumed more importance as mankind has increasingly come to use and rely on space-based resources.
International space law consists of six international treaties,[2][3] five declarations and principles, and otherUnited Nations (UN) General Assembly resolutions. TheUN Office for Outer Space Affairs (UNOOSA) is primarily responsible for the implementation of international space law, and helps advise governments and non-governmental organizations on space law.[4]
All treaties below except thePartial Test Ban Treaty were adopted by the UN General Assembly.[2] The Partial Test Ban Treaty, being the first, was signed by the governments of theSoviet Union, theUnited Kingdom, and theUnited States inMoscow on August 5, 1963, before it was opened for signature by other countries.[3]
ThePartial Test Ban Treaty was entered into force on October 10, 1963.[3] The treaty prohibitsnuclear weapons tests or nuclear explosions in the atmosphere, inouter space, and under water. It also prohibits nuclear explosions underground if they cause "radioactive debris to be present outside the territorial limits of the State under whose jurisdiction or control" the explosions were conducted.[5]
With increased knowledge of the effects ofnuclear fallout, the issue of nuclear tests and the resultant radioactive debris drew intensified public attention. As the treaty does not outright ban nuclear tests underground, hundreds of such tests were conducted in the following decades.[6] The Partial Test Ban Treaty is seen[by whom?] as the first step towards globalnuclear disarmament. Continued efforts in this direction include increasing public awareness through events such as theInternational Day for the Total Elimination of Nuclear Weapons.
TheOuter Space Treaty was ratified on October 10, 1967. Key provisions of the treaty include prohibitingnuclear weapons in space; limiting the use of the Moon and all othercelestial bodies to peaceful purposes; establishing that space shall be freely explored and used by all nations; and precluding any country from claimingsovereignty overouter space or anycelestial body.[7]
International challenges to the Outer Space Treaty have been attempted. Most prominently is theBogota Declaration which asserts sovereignty over those portions of thegeostationary orbit that continuously lie over the signatory nations' territory. The declaration has been signed by seven equatorial countries:Ecuador,Colombia,Congo,Zaire (in 1997 renamed to the Democratic Republic of the Congo),Uganda,Kenya, andIndonesia. These claims did not receive wider international support or recognition, and were subsequently largely abandoned.[8]
With the increase of private satellites and counter-space technologies since 2016, there have been calls for an update to the Outer Space Treaty. This topic, amongst others, was discussed in 2021 at the annualOuter Space Security Conference in Geneva, Switzerland.[9][10]
TheRescue Agreement was ratified on December 3, 1968. The agreement's provisions elaborate on the rescue provisions set forth by theOuter Space Treaty. The agreement essentially requires that any state party to the agreement, upon becoming aware that the personnel of a spacecraft are in distress, must notify the launching authority and theSecretary General of theUnited Nations, and must provide all possible assistance to rescue the personnel of a spacecraft who have landed within that state's territory. Moreover, if the distress occurs in an area that is beyond the territory of any nation, then any state party that is in a position to do so shall, if necessary, extend assistance in the search and rescue operation.[11]
At the time the agreement was drafted, rescuing travelers in space was unlikely, due to the limited launch capabilities of even the most advanced space programs.[citation needed] More recently, it has become more plausible. The Rescue Agreement has been criticized for being vague, especially regarding the definition of who is entitled to be rescued and the definition of what constitutes a spacecraft and its component parts. With the recent increase of commercial spaceflight providers, this distinction has become more relevant, raising questions as to whetherspace tourists are covered by the term "personnel of a spacecraft" used in the agreement. There have been calls to revisit these issues in international space law.[12]
TheLiability Convention was ratified on September 1, 1972. The treaty expands on theliability rules created in theOuter Space Treaty.[13] Its provisions state that a state bears international responsibility for all space objects that are launched within their territory. This means that regardless of who launches the space object, if it was launched from State A's territory, or from State A's facility, or if State A caused the launch to happen, then State A is fully liable for damages that result from that space object. In 1978, the crash of thenuclear-powered SovietsatelliteKosmos 954 in Canadian territory led to the only claim filed under the convention. More recently, in July and October 2021, China'sTiangong space station, with three astronauts aboard, performed "evasive maneuver(s)" to avoid collision withSpaceX'sStarlink satellites.[14] The Liability Convention does not introduce legal penalties for leavingspace debris in Earth's orbit.[15]
TheRegistration Convention was ratified on September 15, 1976. The convention's provisions require states to provide details such as date and location of launch, as well as basicorbital parameters to theUnited Nations for each space object.[16]
TheMoon Agreement was ratified on July 11, 1984.[17] The agreement is a multilateral treaty that turnsjurisdiction of allcelestial bodies (including the orbits around such bodies) over to the participant countries. Thus, all activities would conform tointernational law, including theUnited Nations Charter. It has not been ratified by any state that engages in self-launchedhuman spaceflight (e.g. theUnited States,Russia,People's Republic of China), and thus it has little to no relevancy ininternational law.[18][19]
United States space policy is drafted by theExecutive branch at the direction of thePresident of the United States, and submitted for approval and establishment of funding to the legislative process of theUnited States Congress.[20] The President may also negotiate with other nations and sign space treaties on behalf of the US, according to his or herconstitutional authority.Congress' final space policy product is, in the case of domestic policy a bill explicitly stating the policy objectives and the budget appropriation for their implementation to be submitted to the President for signature into law, or else a ratified treaty with other nations.
Space advocacy organizations (such as theSpace Science Institute,National Space Society, and theSpace Generation Advisory Council,learned societies such as theAmerican Astronomical Society and theAmerican Astronautical Society; and policy organizations such as theNational Academies) may provide advice to the government and lobby for space goals.
Civilian and scientific space policy is carried out by theNational Aeronautics and Space Administration (NASA, subsequent to 29 July 1958), and military space activities (communications, reconnaissance, intelligence, mapping, and missile defense) are carried out by various agencies of theDepartment of Defense. The President is legally responsible for deciding which space activities fall under the civilian and military areas.[21] In addition, theDepartment of Commerce'sNational Oceanic and Atmospheric Administration operates various services with space components, such as theLandsat program.[22]
The President consults withNASA andDepartment of Defense on their space activity plans, as potential input for the policy draft submitted toCongress and consults with theNational Security Council, theOffice of Science and Technology Policy, and theOffice of Management and Budget to take into accountCongress's expected willingness to provide necessary funding levels for proposed programs.[23]
Once the President's policy draft or treaty is submitted to theCongress, civilian policies are reviewed by theHouse Subcommittee on Space and Aeronautics and theSenate Subcommittee on Science and Space. These committees also exercise oversight overNASA's operations and investigation of accidents such as the 1967Apollo 1 fire. Military policies are reviewed and overseen by theHouse Subcommittee on Strategic Forces and theSenate Subcommittee on Strategic Forces, as well as theHouse Permanent Select Committee on Intelligence and theSenate Select Committee on Intelligence. TheSenate Foreign Relations Committee conducts hearings on proposed space treaties, and the various appropriations committees have power over the budgets for space-related agencies. Space policy efforts are supported by Congressional agencies such as theCongressional Research Service, theCongressional Budget Office, andGovernment Accountability Office.[24]
The early history of United States space policy is linked to the US–SovietSpace Race of the 1960s. TheNational Aeronautics and Space Act creatingNASA was passed in 1958, after the launch of the SovietSputnik 1 satellite. Thereafter, in response to the flight ofYuri Gagarin as the first man in space,Kennedy in 1961 committed the United States tolanding a man on the Moon by the end of the decade. Although the costs of theVietnam War and the programs of theGreat Society forced cuts toNASA's budget as early as 1965,the first Moon landing occurred in 1969, early inRichard Nixon's presidency. Under theNixon administrationNASA's budget continued to decline and three of the planned Apollo Moon landingswere cancelled. TheNixon administration approved the beginning of theSpace Shuttle program in 1972, but did not support funding of other projects such as aMars landing,colonization of the Moon, or a permanentspace station.[25]
TheSpace Shuttle first launched in 1981, duringRonald Reagan's administration. Reagan in 1982 announced a renewed active space effort, which included initiatives such the construction ofSpace Station Freedom, and the militaryStrategic Defense Initiative, and, later in his term, a 30 percent increase inNASA's budget. TheSpace Shuttle Challenger disaster in January 1986 led to a reevaluation of the future of the national space program in theNational Commission on Space report and theRide Report.[25]
The United States has participated in theInternational Space Station beginning in the 1990s, theSpace Shuttle program has continued, although theSpace Shuttle Columbia disaster has led to the plannedretirement of the Space Shuttle in mid-2011. There is a current debate on the post-Space Shuttle future of the civilian space program: theConstellation program of theGeorge W. Bush administration directedNASA to create a set of new spacecraft with the goal of sending astronauts to the Moon and Mars,[26] but theObama administration cancelled theConstellation program, opting instead to emphasize development of commercial rocket systems.
TheVision for Space Exploration established under theGeorge W. Bush administration in 2004 was replaced with a new policy released byBarack Obama on 28 June 2010.[27]
In recent years, U.S. space operators and decisionmakers have become increasingly concerned about threats to U.S. space leadership. In the civil sector, this has been driven largely by U.S. dependence on Russia for crew access to theInternational Space Station (ISS) since the termination of theSpace Shuttle program in 2011. In national security, foreign development of counterspace systems has become a regular feature of public statements by U.S. defense and intelligence officials.[28] This is reminiscent of similar concerns about the Soviet Union's space program between the launch ofSputnik 1 in 1957 and the success of the Apollo lunar missions. The threat of Soviet dominance in space turned out to be less formidable than expected, but it continued to drive policy and programmatic decisions for decades, until the Soviet Union ceased to exist.[29]
TheEuropean Space Agency (ESA) is the common space agency for many European nations. It is independent of theEuropean Union, though the 2007European Space Policy provides a framework for coordination between the two organizations and member states, including issues such as security and defence, access to space, space science, and space exploration.[30]
The ESA was founded to serve as a counterweight to the dominant United States and Soviet space programs, and further the economic and military independence of Europe. This has included the development of theAriane rockets, which by 1985 had captured over 40 percent of commercial launch market in the free world. The ESA budget is split between mandatory and voluntary programs, the latter of which allow individual member nations to pursue their own national space goals within the organization.[31]
The ESA Director General's Proposal for the European Space Policy states, "Space systems are strategic assets demonstrating independence and the readiness to assume global responsibilities. Initially developed as defence or scientific projects, they now also provide commercial infrastructures on which important sectors of the economy depend and which are relevant in the daily life of citizens.... Europe needs an effective space policy to enable it to exert global leadership in selected policy areas in accordance with European interests and values."[32]
In the final part of 2010s the ESA has made strong efforts in order to make Europe stronger in the competition for the development of new strategies regarding space policy. Those included a huge increase in ESA's budget promoted by countries such asItaly,France andGermany.[33]
Although ChairmanMao Zedong planned after Russia'sSputnik 1 launch to place a Chinese satellite in orbit by 1959 to celebrate the 10th anniversary of the founding of thePeople's Republic of China (PRC),[34] China did not successfully launch its first satellite until 24 April 1970. Mao andZhou Enlai decided on 14 July 1967 that the PRC should not be left behind, and started China's own human spaceflight program.[35] The first success came on 15 October 2003 when China sent its first astronaut into space for 21 hours aboardShenzhou 5.
TheMinistry of Aerospace Industry was responsible for the Chinese space program prior to July 1999, when it was split into theChina National Space Administration responsible for setting policy, and the state-ownedChina Aerospace Science and Technology Corporation, responsible for implementation.
The China National Space Administration states its aims as maintaining the country's overall development strategy, making innovations in an independent and self-reliant manner, promoting the country's science and technology sector and encouraging economic and social development, and actively engaging in international cooperation.[36]
Russia inherited its space programs in 1991 from its predecessor state, the Soviet Union. Russia's civilian space agency is theRussian Federal Space Agency and its military counterpart is theRussian Aerospace Defence Forces.Ukraine's agency is theState Space Agency of Ukraine, which handles both civilian and military programs.
TheSoviet Union became the world's first spacefaring state by launching its first satellite,Sputnik 1, on 4 October 1957. TheSoviet space program was active from 1955 until thedissolution of the Soviet Union in 1991.
In the 1980s the Soviet Union was considered to be technologically behind the United States, but it outspent the United States in its space budget, and its cosmonauts had spent three times as many days in space as American astronauts. The Soviet Union had also been more willing than the United States to embark on long-term programs, such as theSalyut andMir space station programs, and increased their investment in space programs throughout the 1970s and 1980s.[37]
After thedissolution of the Soviet Union, the 1990s saw serious financial problems because of the decreased cash flow, which encouragedRoskosmos to improvise and seek other ways to keep space programs running. This resulted inRoskosmos' leading role in commercial satellite launches andspace tourism. While scientific missions, such as interplanetary probes or astronomy missions during these years played a very small role, althoughRoskosmos has connections with Russian aerospace forces, its budget is not part of the defense budget of the country,Roskosmos managed to operate the space stationMir well past its planned lifespan, contribute to theInternational Space Station, and continue to fly additionalSoyuz andProgress missions.[38]
TheRussian economy boomed throughout 2005 from high prices for exports, such as oil and gas, and the outlook for subsequent funding became more favorable. The federal space budget for the year 2009 was left unchanged despite the global economic crisis, standing at around 82 billion rubles ($2.4 billion). Current priorities of the Russian space program include the newAngara rocket family and development of new communications, navigation and remote Earth sensing spacecraft. TheGLONASS global navigation satellite system has for many years been one of the top priorities and has been given its own budget line in the federal space budget.[citation needed]
The purpose of India's space program was outlined[when?] byVikram Sarabhai (regarded as the father of the Indian space program):[39]
There are some who question the relevance of space activities in a developing nation. To us, there is no ambiguity of purpose....we are convinced that if we are to play a meaningful role nationally, and in the community of nations, we must be second to none in the application of advanced technologies to the real problems of man and society.
TheDepartment of Space (DoS) is the Indian government department responsible for administration of the Indian space program. It manages several agencies and institutes related to space exploration and space technologies. The Indian space program under the DoS aims to promote the development and application of space science and technology for the socio-economic benefit of the country. It includes two major satellite systems,INSAT for communication, television broadcasting and meteorological services, and Indian Remote Sensing Satellites (IRS) system for resources monitoring and management. It has also developed two satellite launch vehicles,Polar Satellite Launch Vehicle (PSLV) andGeosynchronous Satellite Launch Vehicle (GSLV), to place IRS and INSAT class satellites in orbit.
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