Space Law: Its Cold War Origins and Challenges in the Era of Globalization
![handle is hein.journals/sufflr37 and id is 1053 raw text is: Space Law: Its Cold War Origins and Challenges in the Era of
Globalization*
Joanne Irene Gabrynowicz, J.D.t
I. ABSTRACT
Space law is a complex mixture of international and domestic laws that
govern a wide spectrum of activities. Such activities can range from the exotic,
like creating the institutional framework for an international lunar mining
consortium, to the more routine, like drafting telecommunications agreements.
The fields of law these activities can involve include administrative law,
intellectual property law, arms control law, insurance law, environmental law,
criminal law, and commercial law, as well as international treaties and
domestic legislation written specifically for space. This paper outlines the
origin and scope of space law and addresses the emerging challenges that this
body of law faces in the 21 st Century.
II. THE COLD WAR ORIGINS OF SPACE LAW
A. International Law
Starting with international space law, there are five major treaties drafted in
the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS)
that are currently in force: the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the Moon and
Other Celestial Bodies' (Outer Space Treaty); the Convention on International
* This Article is based on a speech that Ms. Gabrynowicz delivered on November 13, 2003, as part of
the Donahue Lecture Series. The Donahue Lecture Series is a program instituted by the Suffolk University Law
Review to commemorate the Honorable Frank J. Donahue, former faculty member, trustee, and treasurer of
Suffolk University. The Lecture Series serves as a tribute to Judge Donahue's accomplishments in encouraging
academic excellence at Suffolk University Law School. Each lecture in the series is designed to address
contemporary legal issues and expose the Suffolk University community to outstanding authorities in various
fields of law.
t Editor-in-Chief of the JOURNAL OF SPACE LAW; Professor of Space Law and Remote Sensing Law
and Director of the National Remote Sensing and Space Law Center, University of Mississippi School of Law.
Professor Gabrynowicz was the recipient of the 2001 Women in Aerospace Outstanding International Award
and is a member of the International Institute of Space Law and the American Bar Association Forum on Air
and Space Law. She may be reached at: www.spacelaw.olemiss.edu. This article was adapted from Professor
Gabrynowicz's Donahue Lecture on Space Law.
1. Jan. 27, 1967, 18 U.S.T. 2410, 610 U.N.T.S. 205 [hereinafter Outer Space Treaty].](ViewImageLocal?handle=hein.journals/sufflr37&div=51&collection=&method=preview&ext=.png&size=3)
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Space Law: Its Cold War Origins and Challenges in the Era of Globalization
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