what does a space lawyer do

by Ocie Emard 3 min read

Space lawyers draft international treaties and national laws. They advise lawmakers about good policy and whether to enter international agreements. Space lawyers may even help negotiate these agreements. They help government entities and even private companies engaging in space exploration comply with existing laws and treaties.

A space lawyer is a lawyer first. This means supporting governmental or commercial space activities by attending meetings and negotiations, drafting and reviewing documents and basically thinking a lot on the law and the space activity in question.

Full Answer

Are there any jobs for lawyers in space?

Space lawyers draft international treaties and national laws. They advise lawmakers about good policy and whether to enter international agreements. Space lawyers may even help negotiate these agreements. They help government entities and even private companies engaging in space exploration comply with existing laws and treaties.

What does the Office of space law do?

Apr 04, 2017 · Law is a moving target. Space law regulates everything from keeping Earth safe from extraterrestrial contaminants to keeping celestial bodies safe from Earthly contagions.

Who was the first space lawyer?

Aug 07, 2012 · Space Lawyers: They Exist A James Cameron and Google-backed asteroid mining company has a bevy of them on retainer to help divvy up all that unobtanium. Plus they help craft liability laws for...

Should space lawyers be on retainer?

space law addresses a variety of matters, such as, for example, the preservation of the space and earth environment, liability for damages caused by space objects, the settlement of disputes, the rescue of astronauts, the sharing of information about potential dangers in outer space, the use of space-related technologies, and international …

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What do air and space lawyers do?

The Air and Space Lawyer is a newsletter that informs its members of the significant developments in air and space law and keeps them apprised of the activities of the Forum.

Why might a space lawyer be useful?

They advise lawmakers about good policy and whether to enter international agreements. Space lawyers may even help negotiate these agreements. They help government entities and even private companies engaging in space exploration comply with existing laws and treaties.

What do NASA lawyers do?

These services and issues include establishing and disseminating legal policy and interpreting new statutes and cases. The Office of the General Counsel is also responsible for developing the ethics and patent program requirements, establishing metrics, and developing quality standards.Jan 4, 2022

How does space law work?

No one nation may claim ownership of outer space or any celestial body. Activities carried out in space must abide by the international law and the nations undergoing these said activities must accept responsibility for the governmental or non-governmental agency involved.

How do you specialize in space law?

Routes into Space Law

Currently there aren't any undergraduate degrees in space law. Instead, you'll need to study for a standard law degree and then specialist after graduation by completing a master's or a PhD. Typically postgraduate courses cover all of aerospace rather than just space.

Is space law a thing?

Yes, space law is a thing. (And it doesn't involve real estate or aliens.) Space law is a collection of domestic and international agreements and guidelines that govern issues like space exploration, military and weapons use, and liability for damage.Aug 31, 2019

Can a lawyer be an astronaut?

Donald Lee Holmquest (born April 7, 1939) is an American lawyer, physician, electrical engineer, and former NASA astronaut.
...
Donald Holmquest.
Donald L. Holmquest
Alma materSouthern Methodist, B.S. 1962 Baylor, M.D. 1967, Ph.D. 1968 Houston, J.D. 1988
OccupationEngineer, physician, lawyer
Space career
NASA Astronaut
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How can I work for NASA as a lawyer?

To apply, you must be a practicing attorney highly skilled in federal government ethics, patent law, federal personnel law, federal procurement and equal employment opportunity law. You must also be in good standing in a state bar.Apr 19, 2015

What agencies are under NASA?

These include:
  • Air Force Space Command.
  • The Missile Defense Agency.
  • The National Reconnaissance Office.
  • U.S. Strategic Command.
  • Army Space and Missile Defense Command.
  • The National Geospatial Intelligence Agency.
  • Defense Space Council.

Who owns the Moon?

The short answer is that no one owns the Moon. That's because of a piece of international law. The Outer Space Treaty of 1967, put forward by the United Nations, says that space belongs to no one country.Feb 25, 2022

What are the 5 space laws?

These five treaties deal with issues such as the non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the ...

Is it illegal to fly to space?

The Commercial Space Act was passed in 1998 and implements many of the provisions of the Launch Services Purchase Act of 1990. Nonetheless, until 2004 NASA kept private space flight effectively illegal.

Who is the founder of Space Law?

Haley is also the founder of space law’s sub-branch metalaw, which concerns itself with the mediation of alien races. Its core tenant is the Interstellar Golden Rule. Basically, according to Mr. Haley , if we should encounter an extraterrestrial species, we should treat them how we’d like to be treated.

What is space law?

Space law regulates everything from keeping Earth safe from extraterrestrial contaminants to keeping celestial bodies safe from Earthly contagions. What a bummer it would be to kill potential life on Mars with a contaminant from Earth. In fact, the Committee on Space Research’s Planetary Protection Policy is the precise reason ...

Is space law a new field?

Space law is not even a brand-new field. Space legislation has been an official global concern since the 1950s. Laws governing airspace date back to the early 20th century, but those laws were not sufficient in covering outer space issues. As space exploration turns from a mainly scientific pursuit into a big business, ...

When did space law start?

Space law’s origins are linked to the Space Race. While Sputnik 1 was launched in 1957, space law didn’t become official until 1959 when the United Nations formed the Committee on the Peaceful Uses of Outer Space (COPUOS) which is under the umbrella of the United Nations Office of Outer Space Affairs aka UNOOSA.

Is space law a thing?

While “Space Law School” isn’t a thing quite yet, there are ways to tailor your education to your extraterrestrial career goals. One possible small step in the right direction is to attend a law school that offers courses in space law. Additionally, working in the aeronautics field either as a civilian or with the military could provide valuable experience.

Can a country own the moon?

For example, according to the seminal Outer Space Treaty of 1967 and the subsequent Moon Agreement of 1979, no country can own the moon, much less militarize it. As technology advances and entities move on to colonizing and monetizing the solar system, space law will become even more complex.

What is space law?

The Outer Space Treaty gives responsibility for regulating space activities , including both government and private sector, to the individual countries where the activity is taking place.

Who is the founder of Space Court?

In 2018, two space lawyers - Christopher Hearsey and Nathan Johnson - founded the Space Court Foundation, a 501 (c) (3) educational nonprofit corporation that promotes and supports space law and policy education and the rule of law.

When did space law start?

The origins of space law date back to 1919, with international law recognizing each country's sovereignty over the airspace directly above their territory, later reinforced at the Chicago Convention in 1944.

What is the United Nations Committee on the Peaceful Uses of Outer Space?

Further, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), along with its Legal and Scientific and Technical Subcommittees, are responsible for debating issues of international space law and policy.

Who wrote the first space law?

One of the earliest works on space law was Czech jurist VladimĂ­r Mandl 's Das Weltraum-Recht: Ein Problem der Raumfahrt (Space Law: A Problem of Space Travel), written in German and published in 1932.

What are the five treaties and agreements of international space law?

The five treaties and agreements of international space law cover "non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploitation of natural resources in outer space and the settlement of disputes".

Why are the U.N. space treaties unclear?

One reason that the U.N. space treaties lack definitions and are unclear in other respects, is that it is easier to achieve consensus when language and terms are vague. In recent years, the Legal Subcommittee has been unable to achieve consensus on discussion of a new comprehensive space agreement (the idea of which, though, was proposed just by a few member States). It is also unlikely that the Subcommittee will be able to agree to amend the Outer Space Treaty in the foreseeable future. Many space faring nations seem to believe that discussing a new space agreement or amendment of the Outer Space Treaty would be futile and time-consuming, because entrenched differences regarding resource appropriation, property rights and other issues relating to commercial activity make consensus unlikely.

What is the Convention on International Liability for Damage Caused by Space Objects?

“The Convention on International Liability for Damage Caused by Space Objects”#N#Signatories take full liability for any damage caused by their space objects and agree to standard procedures for adjudicating damage claims.

Can a country own space?

There is no claim for sovereignty in space; no nation can “own” space, the Moon or any other body. Weapons of mass destruction are forbidden in orbit and beyond, and the Moon, the planets, and other celestial bodies can only be used ...

What is the outer space treaty?

The 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”. The treaty is the foundation of international space law for signatory nations (108 in 2019).

What is the Rescue Agreement?

The Rescue Agreement. “The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space”. Signatories agree to take all possible actions to help or rescue astronauts in need, and if applicable, return them to the nation from which they launched. Additionally, signatories agree to help return ...

How many international space treaties are there?

International Space Law. There are five international treaties underpinning space law, overseen by the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). The signing of the Outer Space Treaty in 1967.

Introduction to Space Law Research

Space law is the body of law that regulates objects and activities beyond the Earth's atmosphere. Initially, it emerged as a subset of public international law, consisting primarily of treaties and soft law instruments that govern the conduct of state actors.

Key Resources for Space Law Research

Space Law Treaties & Principles#N#The UN Office for Outer Space Affairs (UNOOSA) maintains this gateway page from which you can view the full texts of the five UN treaties on outer space, current status and ratification information, and drafting histories ( travaux préparatoires ).

What is space law?

Space law is a collection of domestic and international agreements and guidelines that govern issues like space exploration, military and weapons use, and liability for damage. It also involves other fields of law, from criminal, commercial and insurance law to property and environmental law. Advertisement.

Is space law a thing?

Yes, space law is a thing. (And it doesn’t involve real estate or aliens.) Space law is a collection of domestic and international agreements and guidelines that govern issues like space exploration, military and weapons use, and liability for damage.

Is there a prohibition on nuclear weapons?

There, the bar is exclusively on nuclear weapons and weapons of mass destruction. There’s no prohibition on things like setting up military bases, conducting weapons testing, or bringing weapons into space, so long as they aren’t weapons of mass destruction and comply with other Outer Space Treaty requirements.

What is space law?

Basics of Space Law. A fundamental tenet of space law—the concept of governments being responsible for the work of non-governmental actors— has few, if any, precedents. There are places on Earth that are governed by laws similar to those that govern space—the sea, for instance.

Is space law a tenet?

A fundamental tenet of space law—the concept of governments being responsible for the work of non-governmental actors—has few, if any, precedents. There are places on Earth that are governed by laws similar to those that govern space—the sea, for instance. But no country is inherently responsible for whatever its citizens do when they’re out in international waters, says Joanne Gabrynowicz, professor of space law at the University of Mississippi and editor-in-chief of the Journal of Space Law . If that were the case, every pirate would technically be a privateer—their buckles swashed with official state approval.

Is outer space subject to national appropriation?

It says, “Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”. Today, space lawyers are spending an awful lot of time debating what, exactly, that means.

What is Bigelow Aerospace?

For instance, Bigelow Aerospace is a company that designs and builds inflatable pods that humans can live in in orbit—one of their pods will be attached to the International Space Station next year—or on a surface like the moon. A rendering of Bigelow's BEAM pod attached to the International Space Station.

What was the Outer Space Treaty?

The Outer Space Treaty of 1967 did a good job of keeping the space race between the U.S. and the Soviet Union from devolving into something out of a James Bond movie. But it didn’t do a very good job of planning for future races to claim resources found in space. Article II of the treaty is just 30 words long.

What is the meaning of Article II?

It says, “Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”.

When did Saturn V launch?

A Saturn V rocket launches with its Skylab 1 payload on May 14, 1973, six years after the Outer Space Treaty was signed. That compromise was enshrined in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. For brevity’s sake, it’s usually just ...

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Overview

Early developments

One of the earliest works on space law was Czech jurist VladimĂ­r Mandl's Das Weltraum-Recht: Ein Problem der Raumfahrt (Space Law: A Problem of Space Travel), written in German and published in 1932.
At Caltech in 1942 Theodore von Kármán and other rocket scientists banded together to form Aerojet rocket company with the help of lawyer Andrew G. Haley. To toast the new corporation, K…

International treaties

Six international treaties have been negotiated to govern state behaviour in space:
The Rescue Agreement, the Liability Convention and the Registration Convention all elaborate on provisions of the Outer Space Treaty. Many consider the Moon Treaty to be a failed treaty due to its limited acceptance. Others however have pointed that the limited membership of the Moon Treaty allows the current signatory states to reconvene a convention of the parties to amend an…

International principles and declarations

The five treaties and agreements of international space law cover "non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activit…

Consensus

The United Nations Committee on the Peaceful Uses of Outer Spaceand its Scientific and Technical and Legal Subcommittees operate on the basis of consensus, i.e. all delegations from member States must agree on any matter, be it treaty language before it can be included in the final version of a treaty or new items on Committee/Subcommittee's agendas. One reason that the U.N. space treaties lack definitions and are unclear in other respects, is that it is easier to achiev…

National law

Space law also encompasses national laws, and many countries have passed national space legislation in recent years. The Outer Space Treaty gives responsibility for regulating space activities, including both government and private sector, to the individual countries where the activity is taking place. If a national of, or an organization incorporated in one country launches a spacecraft in a different country, interpretations differ as to whether the home country or the lau…

Defining "space"

Many questions arise from the difficulty of defining the term "space". Scholars not only debate its geographical definition (i.e. upper and lower limits), but also whether or not it also encompasses various objects within it (i.e. celestial objects, human beings, man-made devices). Lower limits are generally estimated to be about 50 kilometers. More difficulties arise trying to define the upper bounds of "space", as it would require more inquiry into the nature of the universe and the role o…

Geostationary orbit allocation

Objects in geostationary orbits remain stationary over a point on the earth due to gravity. There are numerous advantages in being able to use these orbits, mostly due to the unique ability to send radio frequencies to and from satellitesto collect data and send signals to various locations. The United Nations Committee on Peaceful Uses of Outer Space has approved seven nonmilitary …