Future of Space Law
Welcome to the accompanying page to our exhibition element “Space Law” in the Nuremberg Future Museum!
In our exhibition you have already become acquainted with three possible scenarios for the legal future of the moon. Here you can continue your journey of discovery and delve deeper into the world of space law.
On this page you will find:
- The opportunity to leave your own suggestions on the future of space law and comment on other visitors' ideas.
- A brief overview of the history and the most important international space treaties with links to the original documents.
- Detailed descriptions of the three scenarios and the map motifs, which provide further details and background information.
- Source references and the prompts for all the AI-generated images you have seen in the exhibition.
We invite you to actively participate in the discussion and help shape the future of space with your own ideas!
work in progress
Existing treaties:
Space is not actually a lawless wonderland: there are five international treaties that attempt to regulate space activities. The core is the Outer Space Treaty of 1967, which defines four principles: Public welfare, prohibition of appropriation, peaceful use and the protection of the environment.
Nevertheless, this cannot hide the fact that binding regulations are losing acceptance. While the Outer Space Treaty was ratified by 114 states, the Moon Treaty of 1979, the last attempt to legally regulate space activities, was only approved by 17 states and must therefore be considered a failure. Furthermore, the existing treaties are broadly worded, have internal inconsistencies and glaring gaps and are interpreted differently. Another unresolved problem is that they only apply to state actors and do not extend to the space activities of private individuals and companies.
1967:
Outer Space Treaty - Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies
https://www.unoosa.org/pdf/gares/ARES_21_2222E.pdf
1968:
Rescue Agreement - Agreement on the Rescue of Astronauts, the Return of Astronauts and Return of Objects Launched into Outer Space
https://www.unoosa.org/pdf/gares/ARES_22_2345E.pdf
1972:
Space Liability Convention - Convention on International Liability for Damage Caused by Space Objects
https://www.unoosa.org/pdf/gares/ARES_26_2777E.pdf
1975:
Registration Convention - Convention on Registration of Objects Launched into Outer Space
https://www.unoosa.org/pdf/gares/ARES_29_3235E.pdf
1979:
Moon Treaty - Agreement Governing the Activities of States on the Moon and Other Celestial Bodies
https://www.unoosa.org/pdf/gares/ARES_34_68E.pdf
Description of the three scenarios for the moon
1. International moon treaty and shared use
In this scenario, the nations of the world have agreed on a comprehensive lunar treaty that regulates the use and exploration of the moon. This treaty could contain the following elements:
- Regulation of resource extraction:
The treaty specifies how and under what conditions lunar resources such as helium-3, water and rare earths may be mined and distributed. - Scientific cooperation:
The moon is regarded as the common heritage of mankind and scientific research is promoted through international cooperation. - Conflict resolution:
An international body is established to resolve disputes over lunar activities.- Basic principles:
- Common heritage of mankind:
The moon belongs to all people and should be used in the interests of all mankind. - Strong international regulation:
A comprehensive international treaty sets the rules for use and exploration.
- Common heritage of mankind:
- Elements:
- Regulation of resource extraction:
Clear rules for the extraction and distribution of resources, overseen by international bodies. - Scientific cooperation:
Focus on joint scientific research with international cooperation. - Environmental protection:
Strict regulations to protect the lunar environment. - Conflict resolution:
International bodies to resolve disputes.
- Regulation of resource extraction:
- Goal:
- Fair and sustainable use of the moon in the interests of all nations.
- Points of criticism:
- Bureaucratic hurdles and inefficiency:
Extensive international regulation and the need for consensus among many nations can lead to slow decision-making processes and inefficient implementation of projects. Bureaucratic hurdles could inhibit innovation and flexibility. - Unequal participation and influence:
Larger and more powerful nations may have disproportionate influence on regulations and decisions, leading to inequality in participation and advantages for smaller or less developed nations.
- Bureaucratic hurdles and inefficiency:
- Basic principles:
2. National territorial claims and exclusive zones
In this scenario, several nations and private companies have asserted territorial claims on the moon and declared exclusive zones for their own purposes. This could lead to a fragmented use of the Moon, characterized by competition and monopolies:
- National Zones:
Countries such as the US, China, Russia and others could claim certain areas on the Moon as their own de facto territories, e.g. by declaring them as security zones, although this is illegal under the 1967 Outer Space Treaty. - Private enclaves:
Companies investing in lunar mining could obtain exclusive rights to certain regions, leading to private enclaves protected by national space laws. - Resource conflicts:
Tensions and conflicts over the control and use of resources could arise, similar to territorial disputes on Earth.- Basic principles:
- National sovereignty and exclusivity:
Countries and private companies claim exclusive rights and territories on the Moon. - Fragmented regulation:
Use and control occur through national laws and claims.
- National sovereignty and exclusivity:
- Elements:
- National territorial claims:
Countries claim certain lunar areas as their territory, contrary to the 1967 Outer Space Treaty. - Private enclaves:
Companies are granted exclusive rights to use certain lunar regions. - Resource conflicts:
Possible tensions and conflicts over the control and use of resources. - Competition:
Nations and companies compete for access to and control of lucrative resources.
- National territorial claims:
- Goal:
- Maximize national and private benefits through exclusive control and use of lunar regions.
- Points of criticism:
- Conflicts and tensions:
National territorial claims can lead to geopolitical tensions and conflicts, similar to those on Earth, especially when resources are scarce or strategically important areas are claimed. - Unequal distribution of resources:
Exclusive zones could lead to an unequal distribution of lunar resources, with richer and more powerful countries or corporations controlling the majority of valuable resources, leaving less wealthy nations and actors at a disadvantage.
- Conflicts and tensions:
- Basic principles:
3. Moon as a nature reserve with extremely limited access rights
In this scenario, the moon is classified as a strictly protected nature reserve, with extremely limited access only for authorized scientific missions to preserve its natural environment. To avoid contamination of celestial bodies, astronaut missions are avoided and only robots are used:
- Strict access restrictions:
Access to the Moon is only allowed for selected scientific missions that, after extensive review and approval, ensure they have minimal impact on the environment. Tourist and commercial activities are completely prohibited. - Establishment of protected zones:
Large parts of the Moon are declared protected zones where no human activities are allowed. Only clearly defined areas are accessible for scientific research in order to minimize the environmental impact. - Renunciation of astronautical missions:
Humans no longer set foot on the moon. Only robots and remote-controlled systems will be used for scientific exploration and research.- Basic principles:
- Preservation of originality:
Preservation of the natural and original conditions of the moon by minimizing human intervention. - Avoiding contamination:
Avoiding the introduction of extraterrestrial substances to Earth and the introduction of terrestrial substances to the Moon.
- Preservation of originality:
- Elements:
- Strict access restrictions:
Only scientific missions that have undergone a comprehensive environmental impact assessment will be granted access to the Moon. Tourist, commercial and other non-scientific activities are completely prohibited. - Establishment of protected zones:
Large areas of the Moon are declared protected zones where no human activities are allowed. These zones serve to protect the natural lunar landscape and scientific integrity. - Deployment of unmanned missions:
The majority of exploration and research activities will be conducted by robots and remotely operated systems to eliminate the need for human presence and the associated environmental risks. Unmanned missions must also meet strict environmental protection requirements and demonstrate that they will not cause long-term damage. - International conservation agreement and monitoring:
An international agreement regulates the status of the moon as a nature reserve and sets out comprehensive environmental protection regulations. The United Nations monitors compliance with these regulations and has the power to impose sanctions on those who violate them.
- Strict access restrictions:
- Goal:
- To protect and preserve the natural lunar environment through strict access restrictions and comprehensive environmental protection measures to enable long-term scientific research and protect the environment on both the Moon and Earth from harmful impacts and contamination.
- Points of criticism:
- Limited progress:
The strict access restrictions and limited use hinder both the speed and breadth of scientific discovery and technological progress. - High level of bureaucracy and international conflict:
The administration of a global conservation agreement and compliance with strict environmental regulations could lead to significant bureaucratic hurdles. In addition, conflicts could arise between nations when it comes to authorizing missions and enforcing sanctions.
- Limited progress:
- Basic principles:
Summary of the differences between the three scenarios
- Governance and regulation:
- Scenario 1:
Cooperation in terms of shared use and equity. - Scenario 2:
National zones and fragmented, exclusive control. - Scenario 3:
Strict international protection agreement with comprehensive monitoring mechanisms and extreme access restrictions.
- Scenario 1:
- Objective:
- Scenario 1:
Equity and sustainability in the interest of all humanity. - Scenario 2:
Securing national and private sector benefits and control over lunar resources - Scenario 3:
Protecting the lunar environment and preserving its pristine nature for scientific research.
- Scenario 1:
- Principles:
- Scenario 1:
Outer space as a common heritage of mankind and peaceful use - Scenario 2:
Exclusive claims and competition. - Scenario 3:
Planetary protection and minimization of human intervention.
- Scenario 1:
Description of the card images:
- Astronaut Commune:
In an international Moon Village, astronauts from different nations live and work under one roof to explore and use the moon together. - Rideshare:
Spacecraft and means of transportation are shared by several nations to enable smaller nations in particular to participate in space. - Cosmic Ceylon:
Tea plantation on the moon. Particularly extravagant teas are grown in special mineral soils to achieve a “rock rhyme” taste, after it was noticed that the lunar soil and the slow growth under difficult conditions produce a particularly unusual tea taste. - Moon Zen Master:
A philosophical practice using specially designed telescopes to find relaxation and enlightenment in the rock gardens of large craters and lunar seas. - Mutant microbe:
Microbes introduced by lunar missions have mutated under the cosmic radiation and are now multiplying. - Mare Ranger:
Ranger in the Mare Tranquilitatis. His work involves monitoring this protected area. The impressive “dark spots of the moon” are declared a space heritage site, as they significantly shape our image of the moon. - Space Blocker:
Strategy of placing cheap blockade satellites in orbits to increase one's own access. - Prime Digger:
A low-tech mining tool for lunar minerals that has gained enormous popularity among fortune hunters and lunar adventurers, as it is equipped with a prospecting module and has a robust drive. - Moon Marines:
Armed security forces whose main task is to ensure that interesting places can be controlled. “The only way to hold a peace of ground, is a man with a rifle.”
Sources:
a) Literature:
- Filijovic, Marko; Sharei, ShahrYar Mahmoud: The U.N. needs to form a parliament to regulate space mining. spacenews.com. Online verfügbar unter https://spacenews.com/the-un-needs-form-parliament-regulate-space-mining/.
Last accessed: 07.10.2024. - Hanlon, Michelle: The stakes of Space Race 2.0 could not be higher. spacenews.com. Online verfügbar unter https://spacenews.com/the-stakes-of-space-race-2-0-could-not-be-higher/.
Last accessed: 07.10.2024. - Hart, Amalyah: Mining the moon: do we have the right?. cosmosmagazin.com. Online verfügbar unter https://cosmosmagazine.com/space/mining-the-moon/.
Last accessed: 07.10.2024. - Hobe, Stephan: Space Law. 2. Aufl. Baden-Baden: Nomos, 2023.
- Khera, Harshita; Vertadier, Héloïse (Hrsg.): Lunar Policy Handbook. OpenLunarFoundation, 2023.
- Office for Outer Space Affairs (Hrsg.): International Space Law: United Nations Instruments. Wien: Vereinte Nationen, 2017.
- Pearson, W. Robert: Outer space needs a high-level political summit. spacenews.com. Online verfügbar unter https://spacenews.com/outer-space-needs-a-high-level-political-summit/.
Last accessed: 07.10.2024. - Wright, Ewan: New upper stage disposal rules will help, not harm, U.S. leadership in space. spacenews.com. Online verfügbar unter https://spacenews.com/new-upper-stage-disposal-rules-help-not-harm-us-leadership-space/.
Last accessed: 07.10.2024.
b) Media:
- Mergner, Gunnar (Reg.): Wird uns das Weltall geklaut?. Deutschland: BR, 2022. Arte, 04.09.2022
https://www.arte.tv/de/videos/104840-008-A/wird-uns-das-weltall-geklaut/
c) Prompts:
The motifs used on the exhibit and for the cards were created with the deep learning text-to-image generator Stable Diffusion and attached you will find the source prompts used for the respective motifs. It is important to understand that the “AI” does not produce “correct” images straight away, but rather that these were created in a long process, sometimes over days.
A simple example: AI is a master of distortion. You write “earthrise”, but because “moon” appears at some point in the prompt, it shows “moonrise”.
It was a lot of work to get the AI to generate something that corresponds to our ideas! Depending on the time of day, format, commas, sentence positions, exclusions, abbreviations. At some point you can understand where it goes with which keywords, but it wasn't always consistent with the content. And we believe that she also reacted to what you had previously created.
Why don't you try out what images the AI creates for you?
Scenarios:
- Global Moon:
working together; astronaut handing out pieces of cake to everyone; astronauts waving, greeting and saying goodbye - Moonrush:
On the moon, astronauts in colorful gear carry spades, land squatters, moon dust miners, fences, sign "NO trespassing", security personnel, astronaut race, bags of money, very different astronauts, trade, astronauts exchange cash - Pure Moon:
View from space from a lunar tourism spaceship, to the surface of the moon, with people in colorful clothing, a woman pointing direction, black sky with planet earth rising
Card Images:
- Astronaut Commune:
on the moon, community kitchen inside a space station, a group of people are sitting on the floor and talking, with a huge window showing the horizon of the moon - Mare Ranger:
Natural reserve on the moon, landscape with valley hills and only rocks, surface of the moon, a lonely moon ranger - Rideshare:
on the moon, people in colorful space suits are hitchhiking thumbs up, they stand on a futuristic hovering platform, there is luggage, a spaceship is approaching - Cosmic Ceylon:
surface of the moon, Inside a greenhouse, through the glass we see the horizon, tea is growing on shelves, ea pluckers with crew suits - Moon Zen Master:
zen master, sitting meditation, group of people, enlightenment in the rock gardens, planet moon rise, huge telescopes - Mutant Microbe:
the surface of the moon, strangely coloured microbes grow from one point, similar garbage bin - Space Blocker:
two camouflaged satellites, with stings and hooks, in orbit of the moon, catch satellite - Prime Digger:
On the moon, person in dusty space suit, digs moon rocks with instrument similar to a spade - Moon Marines:
On the moon, a group of armed individuals, blue space suits, they ride on machines like on horseback, along a huge barbed wire fence, first one wears a banner, wrecked robot torn in the fence