International Norms Formed That Regulate Human Activities In Space

Non the year 1957, during the Cold War period, the former Union of Soviet Socialist Republics (USSR) launched the Sputnik rocket, the first artifact created by man sent into space, starting the space race. With human activities in the dispute for protagonism in space exploration carried out by the USSR itself and the United States of America (USA), Space Law emerged, a series of international norms to regulate the use and actions carried out in cosmic space.

The advancement of technology over time and the emergence of tourist space travel mean that these rules are periodically updated. According to the Union of Concerned Scientists database , updated in May 2022, the number of satellites orbiting the Earth is 5,465, the majority, 3,433 artifacts, sent by the USA. Most artificial satellites are used for communication on the planet. Brazil now has 13 satellites of its own and three more that it shares with China, the USA and Japan.

The use of satellites is essential for human life on Earth, without them it would be impossible to connect simply and quickly, via the internet, from anywhere in the world or use GPS for day-to-day activities and also in air traffic control , for example. However, recently, in addition to satellites, other activities have begun to gain momentum, such as leisure space travel, which is already being sold at a price above US$ 100,000.

Emergence of International Law
In order to impose some limits and maintain the functioning of activities, Space Law emerged in 1957, based on the norms of International Law, and continues to be updated as necessary. Space Law emerges as a positive law – a set of laws created from a “social contract” that governs the lives of people and institutions during a period of time in a given location – with norms formally created and discussed by international organizations such as the United Nations (UN), as explained by Professor Caio Gracco Pinheiro Dias, specialist in International Law at USP’s Ribeirão Preto Law School (FDRP).

Dias says that the fact that Space Law was created during the Cold War period – a dispute for world hegemony between the USA and the USSR after World War II and which came to an end with the dissolution of the Soviet Union-, some ideas present at the time helped to shape its regulations. The main purpose was to prohibit military activities in outer space and prevent new conflicts from arising between major world powers due to the exploitation of the area.

The first multilateral treaty with provisions on the use of space, according to Dias, was the 1963 Treaty, which prohibited nuclear tests in outer space and at sea, motivated by concerns about possible radioactive contamination in these areas. It considers some principles developed by the UN General Assembly in a series of resolutions that have been updated over time.

These guidelines also served as the basis for the 1967 Treaty, which encompasses the activities of countries in the exploration and use of outer space, including the Moon and other celestial bodies. There is also an agreement for rescue and return of astronauts, restitution of objects launched and liability for damage caused. According to Dias, all this makes up the set of central treaties of Space Law.

The spatial borders
Outer space is considered a Common Heritage of Humanity, as are international waters in the oceans. Because of this, it is open to all States, which means that countries can extend their sovereignty and take ownership of outer space without breaking Space Law norms.

The lower limit – that which divides a country’s cosmic space and airspace – , according to the professor, is still not well defined in international standards. The most sustained idea to limit these two areas is the Kármán line, located at an altitude of around 100 km above sea level, from where the atmosphere is no longer able to generate aerodynamic lift and any object needs to reach the called orbital speed, around 4,000 km/h, to be able to stay in flight, explains Dias.

However, according to Dias, the US Armed Forces use another criterion to define this border. They consider the point of orbit of a star or satellite around the Earth that is closest to the planet. This distance corresponds to something around 130 km and 150 km of altitude. For the professor, having this definition would be important to understand whether or not an object circulating between the Kármán line and the 130 km used by the US would be violating a country’s airspace.

Commercial use of outer space
Recently, in addition to research and positioning of satellites in space, commercial activities have entered the agenda of large companies, such as tourist trips. As Dias explains, as long as a company has authorization from a State to carry out this activity, it is fully permitted and the company is responsible for any damage caused. “This is within the freedom of use and exploration of space clause”, explains the professor.

One of the controversial points is the fact that economic activity can harm research. “Something that can be verified is when the satellite constellations of Starlink, SpaceX’s internet service provider, end up interfering with space observations made from the surface of the planet, so here we have a problem of coordination of these activities, because it is assumed that one use of space cannot harm other uses of space”, analyzes the professor.

The big concern, according to Dias, is still about its use in case of conflicts, since the cosmic space has a strategic importance, not in the sense of occupying territory, but because it contains the artificial satellites that carry out a range of crucial activities. for society’s way of life and without them it would not be possible to predict locations or have efficient communication over long distances, for example. “This makes cosmic space, in case of conflict between the great powers, become a “theatre of operations”. Russia has already demonstrated the ability to deploy satellites with missiles launched from Earth, which shows that the risk is real in the case of conflict”, concludes the professor.