Ghana considers its first national space law
The new colonial movement: Ghana moves to write and pass its first national space law.
In setting out space legislation, Ghana would be following international precedent. More than 25 countries have enacted such laws. The space powers Russia and the US are among them, but so are smaller states like Argentina, Kazakhstan, Indonesia and Iran. Closer to home, Egypt, Nigeria and South Africa already have space laws. Other nations on the continent will undoubtedly follow suit.
A national space law would ensure that space activities launched within Ghana’s jurisdiction – whether on land, ships or aircraft – and perhaps even abroad by its nationals or registered companies are appropriately regulated. Such laws may govern a host of space-related ventures. These include launches; remote sensing and space data protection; aeronautics; rocket and satellite development, space tourism and space mining.
Of course, the complexity of space activities combined with the rapid pace at which technology develops means that national space laws are unlikely to cover every eventuality. They do, however, provide a degree of certainty for the public, investors and courts should disputes arise. National laws also facilitate compliance with global obligations. Article 6 of the Outer Space Treaty, for example, requires all space activities to be authorised and continually supervised by the state. National laws which demand licensing of space activities foster adherence to the treaty.
Article 7 makes states liable for damage caused by space objects under its jurisdiction, including those belonging to private commercial entities. A Space Act can be vital in limiting a state’s liability through provisions on indemnities.
Ghana has signed the Outer Space Treaty. The next step will be for the government to ratify it, and then to establish a legislative framework for space activities. [emphasis mine]
I have highlighted the fundamental problem with the Outer Space Treaty. If Ghana wants to attract investment capital for its space industry, they are forced to sign the treaty. It establishes the only existing rules for liability. Unfortunately, the treaty is also hostile to freedom, and puts the government in charge, which is why it has taken so long for private enterprise to finally gain a foothold in space.
The new colonial movement: Ghana moves to write and pass its first national space law.
In setting out space legislation, Ghana would be following international precedent. More than 25 countries have enacted such laws. The space powers Russia and the US are among them, but so are smaller states like Argentina, Kazakhstan, Indonesia and Iran. Closer to home, Egypt, Nigeria and South Africa already have space laws. Other nations on the continent will undoubtedly follow suit.
A national space law would ensure that space activities launched within Ghana’s jurisdiction – whether on land, ships or aircraft – and perhaps even abroad by its nationals or registered companies are appropriately regulated. Such laws may govern a host of space-related ventures. These include launches; remote sensing and space data protection; aeronautics; rocket and satellite development, space tourism and space mining.
Of course, the complexity of space activities combined with the rapid pace at which technology develops means that national space laws are unlikely to cover every eventuality. They do, however, provide a degree of certainty for the public, investors and courts should disputes arise. National laws also facilitate compliance with global obligations. Article 6 of the Outer Space Treaty, for example, requires all space activities to be authorised and continually supervised by the state. National laws which demand licensing of space activities foster adherence to the treaty.
Article 7 makes states liable for damage caused by space objects under its jurisdiction, including those belonging to private commercial entities. A Space Act can be vital in limiting a state’s liability through provisions on indemnities.
Ghana has signed the Outer Space Treaty. The next step will be for the government to ratify it, and then to establish a legislative framework for space activities. [emphasis mine]
I have highlighted the fundamental problem with the Outer Space Treaty. If Ghana wants to attract investment capital for its space industry, they are forced to sign the treaty. It establishes the only existing rules for liability. Unfortunately, the treaty is also hostile to freedom, and puts the government in charge, which is why it has taken so long for private enterprise to finally gain a foothold in space.