Link here. They recognize the problem the Outer Space Treaty creates for property rights, but not surprisingly have trouble touching on the heart of the problem, that the treaty forbids the establishment of any nation’s laws on any territory in space.
Hertzfeld points out that the industry needs policies that address for-profit operations in space, particularly activities that will be managed or operated by the private sector. Until now, he says, most private sector activities have been narrow, but that could change as companies become more involved with satellites and in spaceflight. โHow do you deal with property rights in space?โ he said. โOwnership of these natural resources, mineral resources, up there? How do you deal with approaching satellites that are perhaps owned by someone else, particularly if itโs another nationโs satellite? How do you deal with debris that could cause accidents?โ
โThere are lots and lots of questions in how you do this internationally, because other nations are involved. These are the issues that are not clearly defined right now.โ
Von der Dunk adds that there are still many countries that have no, or only a limited, national space law program. As a result, he says, in the implementation of the Outer Space Treaty, a divergence has grown that has led to gaps, inconsistencies and overlaps in domestic oversight. โIdeally, at the international level it would be good to have some form of harmonization at least of the approaches, noting that of course every sovereign state may have some individual idiosyncratic elements to deal with, but that idea has never moved beyond the stage of academic discussion,โ von der Dunk said. โSovereign states are not willing to comply with any serious effort to make this happen.โ
I would love to know what “some form of harmonization” means.
Nonetheless, that this article was published in a major media outlet, which asked these academics about this issue, is once again evidence that people are finally recognizing the problems posed by the Outer Space Treaty, and are beginning to discuss ways for dealing with it.