The Time is Always Right to Do What is Right

FOREWORD

THE TIME IS ALWAYS RIGHT TO DO WHAT IS RIGHT

STEVEN A. MIRMINA*

I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. A FEW BAD APPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

A. ASAT Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

B. Race Cars in Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

C. Disco Balls and Pinballs in Space . . . . . . . . . . . . . . . . . . . 4

D. Tardigrades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

III. IS IT LEGAL TO POLLUTE OUTER SPACE?. . . . . . . . . . . . . . . . . . . 6

IV. THAT WHICH IS NOT FORBIDDEN IS .. .?. . . . . . . . . . . . . . . . . . . 8

V. JUST BECAUSE IT’S LEGAL, IT DOESN’T MEAN IT’S RIGHT . . . . . . . 9

I. INTRODUCTION

The terms “legal and “illegal” are not synonymous with right and

wrong. Law schools generally do not teach how these terms are distinct.

This is true as much on Earth as it is in outer space.

When a client asks his attorney, “Can I take a certain action?” they

usually are asking, “Is there a law out there preventing me from doing

this?” However, that should not be the sole measurement by which one

decides to take a certain action or not. The calculation should not be

“Will I go to jail if I do this?” But rather, the yardstick should be, “Is this

the right thing to do?” In other words, just because something is not

forbidden, it does not necessarily mean that it is advisable.

Currently, in the f‌ield of Space Law, this happens to be a very timely

issue. Numerous recent events have demonstrated the quandary of

doing what is legal versus doing that which is right. In fact, Space Law

* Steve Mirmina teaches Space Law as an Adjunct Professor at Georgetown University Law

Center, Yale Law School, and at UConn Law School. He has spoken widely and has authored

numerous articles in the f‌ields of international air and space law. He has received awards from

both NASA and the White House for exceptional and distinguished service to the government.

The title to this Foreword comes from remarks of Dr. Martin Luther King, Jr., in his address to

Oberlin College on October 22, 1964. This article is written in the author’s personal capacity, and

the views expressed may not represent the views of NASA or the U.S. Government. The author

wishes to thank David Koplow, Chris Johnson, Jessica Sweeney, P.J. Blount, and the editors of the

GJIL for their suggestions and input regarding the thesis and content of this Foreword. Any

errors or omissions are, of course, the responsibility of the author. V

C 2020, Steven A. Mirmina.

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