Revolution and Evolution in the Law of Outer Space

• Publication year: 2021

87 Nebraska L. Rev. 516. Revolution and Evolution in the Law of Outer Space

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Revolution and Evolution in the Law of Outer Space

Jonathan F. Galloway(fn*)

TABLE OF CONTENTS

I. Introduction ......................................... 516 R
II. Cold War Treaties .................................... 516 R
III. The Evolution of Space Law............................ 518 R
IV. Challenges to the Future Development of Space Law .... 520 R
V. Conclusions........................................... 520 R

I. INTRODUCTION

The Law of Outer Space has been written in bold strokes and then interpreted and decided upon in numerous forums and locals. Initially, it developed in a time of revolutionary technological changes; then, as these innovations became more evolutionary, the laws became more discrete and focused. The reason for new treaty law was at first critical the fear of war and the crucial need for international cooperation and dnte during the Cold War. The response was timely and universal. Then, over time, the decision-making arenas became global and were not entirely restricted to traditional state-tostate negotiations. In short, revolutionary times challenged mankind to produce revolutionary advances in the law. Now, we live in quieter times, with most worrying being due to the threat of an arms race in space (which may or may not require new treaty law depending on one's vantage point), and consequently, much law evolves incrementally by less formal arrangements.

II. COLD WAR TREATIES

Sputnik seemed to promise much in the way of international cooperation as it was launched as part of the International Geophysical Year ("IGY"), yet it was sent into orbit by an ICBM the SS6, and this produced great fear in the West. On the one hand, there was the immediate fear of actual nuclear war, and on the other hand, there was the chronic fear that the Soviet system was ahead of the United States

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scientifically and economically. Thus, we see elements of conflict, competition, and cooperation in the relations between the two superpowers. In terms of game theory, we may ask the question, "Were the two superpowers in a zero-sum conflict in which one side would win and the other lose, or were they in a non-zero sum game in which, through learning, cooperation and peaceful competition might evolve?"

Looking backward, we can say that the Cold War turned out to be a non-zero sum game leading to more benefits, peaceful uses, and spinoffs for the United States, Russia, and all of mankind. (Of course, vis-is the USSR it lost as an empire.) The 1967 Outer Space Treaty,(fn1) negotiated under the United Nations' auspices, prohibited sovereignty in outer space, thus removing one of the classic causes of war the search for new territory. It mandated that the exploration and use of outer space would be for the benefit and in the interests of all countries and...