Author(s)
Ibrahim Al Marashi

How should we govern and manage outer space?

The actors in astropolitics are many. We have the first spacefaring nations, which were the USSR (now Russia) and the US; later entrants from the BRICS nations, such as India and China; aspiring nations like Luxembourg or the United Arab Emirates; and non-state actors, such as SpaceX.

The number of participants in the astropolitical arena serves as a challenge for the governance of space. International laws were laid down by the United Nations in the 1960s to regulate the behavior of national governments, particularly the US and then-USSR—but the words “international laws” already demonstrate their limits. A new term such as “interplanetary law” may become necessary, governing Earth’s relationship with our natural satellite the Moon, the countless artificial satellites, Mars and asteroids.

Space governance began in 1963 when the UN General Assembly (UNGA) adopted the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space. Subsequently, the UN Committee on the Peaceful Uses of Outer Space drafted international treaties, with the Outer Space Treaty of 1967 serving as the most comprehensive. It bans states from claiming sovereignty over the Moon or any other bodies in outer space.

SpaceX is a US-registered space company operating under the oversight of the US Federal Aviation Administration and the Federal Communications Commission, two organizations that grant licenses and permits for space activities. These bodies ensure that private companies’ activities, such as mining, align with UN space treaties. The prospect of space mining relates to the question below.

What risks and opportunities does the space economy offer in tackling global challenges?

The arrival of private actors like SpaceX has brought humanity to the point of commercializing space. The US, Luxembourg, the United Arab Emirates and Japan have expressed interest in the commercial mining of space assets, and have adopted laws in this regard. A race to mine outer space is reminiscent of the race to mine North and South America when European powers started to exploit these continents in the late 1400s.

Should we explore alternative models that prioritize preservation and sustainability in space?

Yes. Outer space needs to be respected, not just seen as a resource to be exploited. But the language we use, such as “the colonization of Mars,” reflects that humanity might repeat the way North and South America and Australia were conquered, with the creation of extractive economies. The wealth that could come to Earth as a consequence may lead to conflict, as it did in Europe post-1492. After that year, wars were fought over the “New World.” Hypothetically, wars could be fought over “New Worlds” in space.