This activity will certainly include US international engagement and further development of cooperation agreements. However, this order should not be construed as a renunciation of COPUOS. The variety of the instruments developed there demonstrates that a new, international binding legal instrument is not the only (or perhaps even the best) method forward. But the great work continues: we press toward the Moon—this time to stay—and on toward Mars. Not mentioned by the administration official was Japan, which seemingly would be an oversight. The Building Blocks “are designed to serve as the basis for a possible international framework, without prejudice to its form and structure.”[16] The Building Blocks identify principles and requirements that are, in the opinion of the group’s members, necessary to enable space resources utilization in a manner consistent with international law and providing industry legal certainty. The executive order is best viewed as maintaining and strengthening a position that the United States has held for decades. This approach, of course, leaves open any remaining issues that truly need international agreement for directed consideration at COPUOS or at other international fora. From this diverse background all members shared a common goal of creating an enabling legal environment for space resource activities. They include bilateral agreements between two states, minilateral arrangements among a small set of states (for example, the 1998 International Space Station Agreement), and national space law and regulation (the United States and Luxembourg space resources laws, for example.). Open Letter to the Canadian Government Concerning Space Resources, Plan for Sustained Lunar Exploration and Development, Trump’s commerce secretary wants to turn the moon into a ‘gas station for outer space’, H.R.2262 - U.S. Commercial Space Launch Competitiveness Act, #SpaceWatchGL Perspective On U.S. Space Resources Executive Order: Peter Marquez On The Need For The EO, How Simple Terms Mislead U.S. —The Pitfalls of Thinking about Outer Space as a Commons, Report of the Committee on the Peaceful Uses of Outer Space (A/74/20), Report of the Committee on the Peaceful Uses of Outer Space – 62nd Session, Annex II. As such, they represent a possible starting point for discussions on taking “all appropriate actions to encourage international support for the public and private recovery and use of resources in outer space, consistent with the policy set forth in section 1 of this order” as Section 3 of EO 13914 directs the US government to do. Most importantly, it reflects an understanding that we are at an inflection point in our relationship to space, one in which we are moving from exploration to expansion. Find helpful customer reviews and review ratings for OneSpace Executive Desk, ... the measurement of the"work space" is 13.75in, depth by 29.75in width from left side to right end if lap drawer. The order is also a clear signal that the United States does not see the Moon Agreement as a practicable path forward. Identifying and working with other like-minded states is not an end-run around the UN system; it is how most international space cooperation is already done. To begin with, the executive order is part of NASA’s all-out Artemis effort, and it is undoubtedly the culmination of a long interagency process. Section 3 of the EO 13914 positively encourages such minilateral approaches: In carrying out this section, the Secretary of State shall seek to negotiate joint statements and bilateral and multilateral arrangements with foreign states regarding safe and sustainable operations for the public and private recovery and use of space resources. Individual states (including the United States) cannot provide that certainty on a unilateral basis. This essay will explain how EO 13914 restates existing US positions rather than taking new ones, place this order in the context of recent and ongoing international discussions on space resource use, and conclude with a prognosis for how the United States will engage the international community under this order. In 2016, upon a proposal by the Belgian delegation, the topic of space resources first appeared as a single-year agenda item of the Legal Subcommittee. These instruments include the Direct Broadcasting Principles (1982), the Remote Sensing Principles (1986), the Nuclear Power Sources Principles (1992), and the Benefits Declaration (1996). Australia has signed a statement of intent to cooperate with NASA on activities related to Artemis, which might include robotics for ISRU activities. So what does this intention for bilateral coordination mean, and how will the United States go about engagement? "Space Executive was responsible for the initial build-out of my APAC strategy team across Singapore & Hong Kong. Space Policy Directive 1 states that “the United States will lead the return of humans to the Moon for long-term exploration and utilization, followed by human missions to Mars and other destinations.” As a senior administration official described, the new executive order is designed to support NASA’s Artemis program, which will rely in part on utilizing lunar resources to support a sustained return to the Moon. The executive order stands squarely atop the Commercial Space Launch Competitiveness Act of 2015, which codified the US position on property rights in space as a matter of domestic law. Executive Workspace has been great to … Executive Workspace has been great to work with and is a trusted partner. But, what work should be done at COPUOS on space resources? Can't say enough good things about Annie, who works the front desk. While this summer’s session of COPUOS has already been delayed, when the session begins again, actions like the executive order will be at the top of the list for discussion amongst Member States. Resolving some of the legal uncertainties around space resources utilization is part of the strategy for achieving the policy goals of the Administration. Hope that helps! In deciding which avenue to pursue, the concept of subsidiarity should prevail. It’s not going to happen.”. [5] The order’s support for commercial space resources utilization is consistent with US law under the Commercial Space Launch Competitiveness Act of 2015, which passed the Congress with bipartisan support and was signed into law by President Obama. by Marek Danyluk It's been a big year at Space Executive, full of new arrivals, numerous client, networking and team events and much, much more. There will likely be a role for the UN’s Committee on the Peaceful Uses of Outer Space in discussions on space resources, but there are also opportunities for bilateral and multilateral agreements. Conversely, purely national approaches such as national space legislation seem attractive, as states can determine for themselves their rights and obligations under international law and tie these understandings to their national interests and priorities. As this strategy is executed, the actual operational practices developed for ISRU activities will significantly inform the establishment of applicable norms and principles. students. The US position is of course also informed by the incorporation of the entirety of international law via Article III of the Treaty, and the understanding of Article II, by which no use or occupation of outer space, whether the Moon or other celestial bodies—no matter how extensive or persistent—would give rise to a lawful and recognized national appropriation of those domains. Why does President Trump want to mine on the Moon? The Outer Space Treaty, by contrast, has 109 parties, including nearly every spacefaring nation. Americans will recognize the logic of subsidiarity in our 10th Amendment, while Europeans see subsidiarity in the core EU treaties. The order is also a clear statement of the US negotiating and diplomatic position regarding the Moon Agreement and global commons in multilateral discussions of space resources utilization.[10]. Thankfully, those who aspire to develop space resources are not the first to ponder this question. However, once negotiated and adopted, treaties are essentially impossible to alter and therefore run the risk of becoming quickly outdated by advances in technology or scientific findings, as well as economically or politically irrelevant. Personnel are friendly and helpful. The executive order fits within the Outer Space Treaty, which the United States and the Soviet Union negotiated. It will help the United States move toward an era of expansion into space. It reads: Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. US officials have seen Chinese positions on space resources utilization (as expressed in multilateral forums) shift over recent years. As the international forum of the peaceful uses of outer space, COPUOS is the established, traditional, and natural place for such discussions and the development and codification of any necessary new norms for space activities. Questions are now centering on how to govern this type of use. The Catholic Church is seen as the main historical driver of subsidiarity. [7] Use of resources has consistently been part of global space exploration strategies prior to the Trump Administration. Without the context of these discussions at COPUOS, and the persistent raising of the Moon Agreement there, the executive order may seem strange in its strident denunciation of that treaty. So, it is appropriate that, on April 6, President Trump signed an Executive Order on “Encouraging International Support for the Recovery and Use of Space Resources.”. Rather, it is that the United States is resistant to the continual pushing for the wider relevance and imposition of the Moon Agreement in those discussions and would prefer a more pragmatic discussion on pressing issues where progress and mutual understanding is possible. [18] Yet Chinese exploration plans for the Moon require the same type of ISRU activities that are part of the Artemis sustainability plan. This denunciation seems also to show a weariness and irritation at the raising of the Moon Agreement within COPUOS as an attractive path forward. Another reason to step away from a top-down approach is the importance of hearing from non-state actors, such as industry, academia, and civil society. The executive order should not be understood as a unilateral approach, but rather as a strong signal that the United States intends to seek pragmatic and practical resolution of space resources governance questions. The views expressed are his own, and not necessarily those of his firm or its clients. Instead, work within COPUOS for the past 40 years has resulted in other instruments, adopted by consensus, and regarded as having normative force. It is part of NASA’s all-out Artemis effort, and it is undoubtedly the culmination of a long interagency process. The week prior to the release of EO 13914, NASA released its Plan for Sustained Lunar Exploration and Development as part of the Artemis Program. [20] The United States and Luxembourg signed a Memorandum of Understanding in 2019 that similarly includes the possibility of bilateral cooperation in projects of common interest in space resources exploration, exploitation and utilization. Minilateral approaches enjoy the expediency of national space legislation, and as they are negotiated amongst several like-minded states, such agreements could not be honestly accused of being merely “unilateral” measures. It is important to begin with the facts. Read honest and unbiased product reviews … For example, the 2010 NASA Authorization Act, passed by a Democratic Congress and signed by President Obama, makes several references to the use of resources as a key part of space exploration. From the beginning, President Trump’s space policy has reflected the US position on space resources. Ian A. Christensen is the Director of Private Sector Programs at the Secure World Foundation, and holds a Master’s Degree from the George Washington University Elliott School for International Affairs. The distinction that the group published the Building Blocks without prejudice to form or structure is important. [8] Internationally, the Global Space Exploration Roadmap, a product of several international space agencies through the International Space Exploration Coordination Group (ISECG), also refers to ISRU as a critical capability for long-term space exploration.[9].
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