Private companies are exploiting outer space, but the law is struggling to catch up
The goal was to deposit human remains on the lunar surface, and to release the content of the capsules in space.
- The goal was to deposit human remains on the lunar surface, and to release the content of the capsules in space.
- NASA’s response was telling: they were unable to check the payloads’ contents, as they belonged to a private company.
- International law needs to promptly and carefully regulate all space activity in order to safeguard the future of space exploration.
Anthropogenic contamination: the human footprint in space
- Our species’ space footprint can be divided into two broad categories: evidence of human presence in the form of objects or artefacts (including “space junk”), and the release (intentional or unintentional) of biological substances, such as the scattering of human remains in space by private companies like the Arch Mission Foundation.
- Article IX of the 1967 Outer Space treaty, which applies to all space activities, states that countries must consider the interests of other states when conducting space operations.
- Accordingly, they must also take steps to avoid the harmful contamination of outer space, including the Moon and other celestial bodies.
Space accidents
- In the 2019 Beresheet accident, a privately funded Israeli spacecraft crashed on the Moon during its landing attempt.
- It allegedly spilled samples of human DNA along with thousands of tardigrades, tiny invertebrate animals able to survive under extreme conditions that are used in experiments to test the limits of survival in outer space.
- In this instance, the international laws which exist also to protect the lunar environment from contamination were quite easily evaded, raising serious doubts as to space law’s effectiveness.
Gaps in space law
- Given the intensifying human presence in space, these need to be promptly addressed, especially in the case of novel privately funded activities like space tourism.
- It is imperative that states adopt or tighten national laws ensuring that all operators, public and private, conduct activities in line with international space law.
- Importantly, such laws must also ensure that space operators adhere to environmental protection – for example by carrying out environmental impact assessments (EIA) – to avoid creating additional risks to space activity, as is the case with space debris.
Manolis Plionis has been a member of the independent consultant body: European Space Science Committee, for two terms since 2018. Anthi Koskina no recibe salario, ni ejerce labores de consultoría, ni posee acciones, ni recibe financiación de ninguna compañía u organización que pueda obtener beneficio de este artículo, y ha declarado carecer de vínculos relevantes más allá del cargo académico citado.