Change of Regime in Outer Space Treaty Law is Needed

Declan J. O'Donnell (1), Alex Lightman, Gary "Rod" Rodriguez, Brad Blair
(1) Mr. Declan J. O'Donnell is a trial lawyer in Colorado and is president of United Societies in Space, Inc., the International Space Development Authority Corporation and the World Space Bar Association. He has authored 120 juried articles on space law subjects, edits the Space Governance Journal, and sponsors www.isdac-usis.com for cosmic man. He has received honors from the nation of India, the Mars Society and USIS.

Abstract

Commercial space development is currently inhibited by international treaty law. The Outer Space Treaty (OST) of 1967 put in place the following set of anti-space- development restrictions: No Sovereignty to be extended into space; No Appropriations of space resources or property to be allowed; And, No Simple Commerce to be permitted in space without benefit sharing - a burden that is currently undefined in the international court system. However, the 1979 Moon Treaty has a provision in Article 11 for the United Nations to change this regime, if and when it is proven that space development for human habitation becomes feasible. A legal, scientific and societal test of feasibility could achieve international credibility if organized by multiple national space societies, and the International Astronautical Federation (a UN NGO) states conclusively that feasibility conditions have been achieved. Feasibility conditions must be proven by evidence and by expert opinion, and should include not only a comprehensive explanation of feasibility, but also suggest a model for the follow-on treaty. We request that such treaty sets forth basic rules of the road and that it authorizes an International Space Development Authority Corporation to implement space development.

Presented at ISDC 2011 - Huntsville. Paper and presentation charts are not available.