Preparing for the Next Space Race: Legislation and Policy Recommendations for Space Colonies - Existing Legal Framework, Outer Space Treaty, Commercial Space, Criminal Laws, Need to Take the Lead Now

This report has been professionally converted for accurate flowing-text e-book format reproduction. This paper discusses the ambitions of the commercial space industry to build habitats in order to colonize space. It also discusses why space colonization is important to humanity. It then turns to the current international law framework to study if space colonization is legal. Next it looks at what legislation and policy the United States should pursue to successfully allow for colonization. It makes specific recommendations regarding both a civil and criminal law framework to ensure that there is adequate governance of initial colonies in space, without hindering future development.

This compilation includes a reproduction of the 2019 Worldwide Threat Assessment of the U.S. Intelligence Community.

It is in the best interest of the United States to lead the effort to provide laws that govern space colonies. A gap exists in international law. This gap in the framework should be viewed as an opportunity, rather than a hindrance. The commercial sector is taking the lead in developing technologies that enable human beings to live and work in space. The United States has a responsibility under international law to supervise these activities when carried out by its citizens.5 Instead of passive supervision, the United States should pursue laws and policies that both encourage and direct these activities. This paper will first look at why colonizing space is important. Next, it will discuss why the United States should address this issue now, rather than in the future. Then, it will break down the legal framework of space colonization, starting with how international law views the issue. Finally, it will analyze civil and criminal law issues that need to be addressed to prepare for space colonization. When page limitations allow for it, the author will make specific policy and statutory recommendations to enable the United States to lead in the space domain as humanity expands our horizons.

Space colonization is more important to our species than the economic benefits of a space economy and the conquests of exploration. The current world population is 7.4 billion people. According to the World Wildlife Foundation and the Global Footprint Network, "the equivalent of 1.7 planets would be needed to produce enough natural resources to match our consumption rates and a growing population." The problem will likely grow worse as the population of the planet continues to grow. According to the United Nations, the Earth's population will grow to over 11 billion people by 2100. Based partially on this, "Prof [Stephen] Hawking said it was only a matter of time before the Earth as we know it is destroyed by an asteroid strike, soaring temperatures or over-population."

The Moon Treaty signifies a sharp divide in the international community. It is an indicator that states that are less powerful in the domain will want to limit those that are more powerful. This could limit the United States' ability to successfully negotiate a favorable treaty regarding space colonization. Because of this barrier, the United States must seek domestic legislation as another option. While the international community may criticize the United States pursuing domestic legislation as opposed to a treaty, the action is justified under the OST. A simple response to criticism regarding domestic legislation on colonization is that the United States is fulfilling its responsibilities under the OST of authorizing and supervising commercial entities who choose to establish facilities on celestial bodies.