After Columbia: The Space Shuttle Program and the Crisis in Space Access

The loss of the Space Shuttle Columbia on 1 February 2003 brought to the fore the sad history of the Space Shuttle's origins, evolution, operation, and the continuing challenge of space access. The crisis that emerged in human access to space because of the accident was greater than any experienced since the end of the Apollo program more than thirty years earlier. This essay explores the origins and operations of the Space Shuttle, the varied efforts to build a successor vehicle versus upgrading the shuttle fleet, and suggests that the first decade of the twenty-first century promises to offer both serious challenges and enormous potential for the development of new launch vehicles that may finally achieve the long-held dream of reliable, affordable access to space. The essay ends by asking whether or not the half-hearted quest for a shuttle replacement might not portend the demise human spaceflight for the United States.     

Space Strategy Considerations for Medium Space Powers

When compared to the strategies of superpowers, the strategies of medium powers are often different due to a medium power's frequent desire to act independently while being comparatively more constrained by available material and fiscal resources. For this reason, the space strategy of medium space powers is different from either emerging or super space powers. The fundamental purpose of any medium space power's space strategy should be to ensure access to and use of celestial lines of communication to support national objectives, whether during peace or conflict. When deciding how best to protect its interests in space, a medium space power will have a variety of non-military and military options. These options may include diplomacy, economic measures, benign defensive technologies, or the employment of offensive actions in space. Though the debate surrounding the weaponization of space continues, it is worth noting that the application of the inherent right of self-defense provides the authority for states to protect their assets or interests when attacked, and this protection may include the use of force in space, if needed.     

Access to Space: A Strategy for the Twenty-First Century

The United States (US) launch infrastructure is at a crisis point. Human access to space embodied in the Space Shuttle is due to be phased out by 2010. Currently, there are no heavy lift, 100 ton class launchers to support the US national vision for space exploration. Medium and large expendable launch providers, Boeing's Delta IV, and Lockheed-Martin's Atlas V Evolved Expendable Launch Vehicles are so expensive that the Delta no longer carries commercial payloads and the Atlas is unlikely to show significant growth without equally significant cost reductions and commercial traffic growth. This set of circumstances questions US dependence on these launch vehicles for national security purposes. High cost growth also exists with small launch vehicles, such as Pegasus, and the promising new field of small and microsatellites is little developed in the US, while foreign efforts, particularly European, are expanding largely on the availability of low-cost Russian boosters. One bright point is the emerging private sector, which is initially pursuing suborbital or small lift capabilities. Although such vehicles support very limited US Department of Defense or National Aeronautics and Space Administration spaceflight needs, they do offer potential technology demonstration stepping stones to more capable systems needed in the future of both agencies. This article outlines the issues and potential options for the US Government to address these serious shortcomings.     

Commercial Suborbital Sounding Rocket Market: A Role for Reusable Launch Vehicles

Space advocates adopted the tenet that the way to reduce the cost of space access is to fly reusable vehicles so development and production costs could be amortized over many flights. Some have also suggested that commercial suborbital flights, both for scientific payloads and for human space flight participants, may provide a path in which a revenue stream can be ultimately used to fund orbital and deep space operations. Some aspiring space launch providers (NewSpace) have incorporated in order to develop and fly such vehicles. This paper examines the economic and business conditions for reusable suborbital sounding rockets. Given current market size and pricing, the global nonmilitary suborbital sounding rocket market is less than 60 flights of perhaps 200-kilogram payloads annually at roughly $1 million each. High demand elasticity (increased demand with lowered prices) at a price of significantly less than $250 per kilogram of payload might increase the market to possibly 1500 flights annually. The business case for developing and flying reusable sounding rockets for this market cannot be closed with investor capital unless flight rates are markedly higher than at present. This paper discusses potential approaches to closing the business case.     

The Viability of Space Mining in the Current Legal Regime

ABSTRACT

Several private players have expressed their desire to mine resources in space. This posits ethical and legal concerns. Several scholars argue that space mining activities flout the national non-appropriation principle enshrined in Article II of the Outer Space Treaty. However, it is the opinion of the author that space mining does not per se violate the provisions of Article II, though space mining brings forward other concerns of breach of cooperation and environmental damage. The current legal regime is not adequately equipped to address these problems. The national legislations of several countries which allow for space mining do not address these issues. Even though an international regime emulating deep seabed mining addresses some of these concerns, the current political structure is not in favor of such a development. Hence, the legal viability of any potential space mining industry is on tenuous terms.     

United Nations General Assembly Resolutions in the Formation of the Outer Space Treaty of 1967

ABSTRACT

The launch of Sputnik in 1957 followed by Explorer in 1958 showcased the potential of space and stressed the need for a robust body of law legislating space as beneficial to all states. Following the launches, a series of resolutions by the United Nations’ General Assembly developed the core principles of international space law. This article conducts an analysis of resolutions passed from 1957 to 1967 to understand the genesis of space law principles as reflected in the Outer Space Treaty of 1967. These principles include sovereign equality, peaceful purposes and international cooperation, non-appropriation of space, common heritage of mankind, environmental protection, and how to address non-governmental entities engaged in space activities.     

Ballistic Missiles and Space Launch Vehicles in Regional Powers

International security concerns about ballistic missile proliferation have frequently highlighted the links between ballistic missiles and space launch vehicles. This article examines the extent of these links through a comprehensive survey of ballistic missile and space rocket programs in regional powers. It notes that missiles were derived from existing space launchers in just a small fraction of these cases. In a slightly greater fraction, space launchers were drawn from existing missile programs. This analysis suggests that though security concerns about space launchers being used as ballistic missiles are valid, the reverse trend, that of ballistic missiles being used as space launch vehicles, cannot be ignored. At the same time, as long as regional powers are limited to short-range and medium-range systems, their missile and space projects would only raise limited missile proliferation and space security concerns.     

Chartering Territories in Outer Space: Obligating the Need for a National Legal Framework in India

Space research is heralded as the harbinger of the next level of advancement in science and technology. The fact that countries are spending millions of dollars in this regard is testament to its potential. India is making inroads in the field and, in the last 15 years, has established itself as a dominant player. According to Antrix, the commercial wing of the Indian Space Research Organization, India commercially launched 209 foreign satellites of other countries into space. Apart from this, Antrix is applying its success in other commercial activities, like remote sensing, selling of space objects (parts of satellites and launching vehicles), and mission support. In keeping with this development, the Indian legal position and policy framework with respect to commercial space activities are reviewed. The article also surveys India’s commitment to international space law and its reflection in national legislation. Finally, the existing policy related to commercial space in India is examined and measures are suggested to create national legislation for the country to deal with issues of commercial space activities.     

Exploring Space: NASA at 50 and Beyond

In 2008, the National Aeronautics and Space Administration (NASA) celebrated its fiftieth anniversary, and has been embarked on a mission to put astronauts on the moon, possibly by 2020. Is this goal “back to the future”? Or is it “the way forward” as a prelude to a mission to Mars? An advisory panel to President Obama has recommended alternatives to the moon as routes to Mars. At the time of writing, Obama has yet to decide. Of course, NASA has already arrived on Mars with robots, a tribute to the agency's remarkable technical prowess. However, the ultimate challenge would be to send men and women to Mars. Why? That, of course, is the big question. The answer lies in the human heart rather than in the rational mind. NASA's exploration of this unknown frontier has more in common with the expeditions of Columbus and Magellan than the missions of most other federal agencies. Any list of discretionary expenditures would prioritize space exploration as an extreme example of an unnecessary luxury that can be postponed. So why should NASA continue to explore space? That question takes on an acute meaning during a time of intense domestic economic and foreign policy challenges. But imagine: what would be lost to America if NASA did not exist?     

Legality of Anti-Satellites Under the Space Law Regime

The term anti-satellite, or in short ASAT, is used to refer to a system designed to destroy or damage satellites. The heightened tendency among the spacefaring nations to develop ASAT technology in the recent past has led to widespread debates as to the legality of ASAT deployment under the space law regime. In this context, I have endeavored to make a detailed analysis of the international legal provisions to find if there is any legal basis at all for the deployment of such ASATs. I have concluded that none of the existing legal provisions in space law, as well as public international law, have sufficient force and clarity to bring about a blanket ban on ASAT weapons. Therefore, the research suggests a slew of reforms to overcome this anomaly. Examples of such proposed reforms include, inter alia, an amendment of the Outer Space Treaty and an enhanced role and influence of the United Nations in treaty making coupled with active diplomatic initiatives.     

Space and Security: The Emerging Role of Europe

Space systems have grown increasingly integral to the United States' national security in the post-Cold War era. The diplomatic and military leverage that space capabilities can provide is not going unnoticed by other countries. Since the collapse of the USSR, the United States has enjoyed a near-absolute dominance in space activities. Only the civilian European space program has mounted any sort of technical challenge to the United States, with little interest devoted to space military activities, but the period of US hegemony in the space military domain might come to an end. In recent years the European Union (EU) and its member states have taken numerous steps towards designing and assembling a Common Foreign and Security Policy and a coherent European Security and Defence Policy. Furthermore, several important steps toward linking security needs and space capabilities have been taken by the tandem European Union–European Space Agency and other relevant institutions. Space is now seen as an essential asset for European integration and for non-dependence in the current geo-strategic context, since space-based systems and derived information can bring necessary capabilities for autonomous decision making. The development of an integrated European space capability for security is at an early stage, but it is an ongoing process presenting some opportunities to enhance European independence and security.     

Workforce Policy in the European Sector

Recently, a number of new forecasts have been published pointing out the considerable demographic crisis in the NASA workforce. Although a few years ago there were signs that the problem of an ageing workforce in United States would be less severe than in Europe, we cannot ignore the effects of new developments in the European space sector. Indeed, a number of mergers and a slightly regressive space turnover took place in Europe, and the effects of this on the workforce population have not been re-evaluated.

For this study, a questionnaire was developed to investigate this effect, with a major emphasis on the future requirements of the European space sector's future workforce, in particular the desired hard and soft skills, and the current prevalence of those skills. This questionnaire was distributed amongst human resources departments of space organizations in Europe with help of the European Association for International Space Year (EURISY) network. Preliminary data on planned recruitment and present demographic distribution were collected, and these are presented herein.     

Treating Outer Space Like a Place: A Case for Rejecting Other Domain Analogies

The creation and augmentation of the outer space governance regime during the twentieth century was guided by the use of analogies with other planetary domains. These analogies compare the “target” domain of outer space with various “source” domains, especially airspace, the seabed, the high seas, and Antarctica. These analogies, highlighted at different times to provide guidance on the regulation of existing and emerging space activities, shaped the fundamental principles and rules of the Outer Space Treaty. A survey of contemporary literature demonstrates that analogies continue to be used to structure thinking about outer space activities. This paper argues that such analogies are a misleading foundation for constructing a governance regime in outer space. They overlook essential and distinct features of outer space, and misguide the decisions of policymakers by influencing interest formation and problem definition. Six major features of the outer space environment are concealed by other-domain analogies, which helps explain why the use of analogies reduces the chances for effective governance. Scientific activity since the advent of the Space Age makes possible an alternative, non-analogic representation of outer space as a place, which has important implications for space governance.     

Export Controls and United States Space Power

This article assesses the impact of export policy on 21st century United States space power. The efficacy of current export controls in preventing the proliferation of space technologies and maintaining United States advantage is evaluated. The study finds that space launch technology has been and remains highly globalized; the United States has lost significant international communications satellite market share, but it maintains a tangible lead in position, navigation, and timing systems; and the recent growth in foreign imaging systems, both radar and optical, have eroded any advantage the United States once enjoyed. Furthermore, export controls have not appreciably slowed the internationalization of space and breaking dependency on the United States is a common underlying theme. The paper goes on to highlight the unintended consequences stemming from current policy, including limiting access to advanced technology of foreign origin, limiting access to foreign-born expertise, and adding “fog” and “friction” to the execution of programs that include foreign content. This paper finds current export control policy is incongruent with 21st century space power programs and initiatives, such as Operationally Responsive Space, Coalition Space, and “Soft” Space Power. Export control reform is suggested herein on the basis of developing a trusted community of trading partners.     

Law of Space Resources and Operations on Celestial Bodies: Implications for Legislation in the United States

The U.S. assertion of a right to own resources harvested from space is consistent with the distinction in international law governing analogous res communis areas between resources harvested from a common area and the common area itself. Under the Outer Space Treaty regime, private entities do not have any more right to appropriate celestial bodies than governments do. However, U.S. law does not give private entities such a right. The U.S. Commercial Space Launch Competitiveness Act’s chapter on Space Resource Commercial Exploration and Utilization generally avoids taking a position on exactly how to deal with disputes in the event the activities of entities from the United States and other states interfere with each other. The U.S. law does not assert a right to declare safety zones or otherwise exercise jurisdiction outside space objects, but doing so can, under some circumstances, be consistent with international law. Many of the specifics of what rules will govern the gathering of space resources remain undetermined, yet the act’s basic premise is correct: international law and the treaty obligations of the United States allow for the U.S. government to authorize its citizens to own resources obtained from space.     

Viewpoint: Chinese Anti-Satellite Weapons: New Power Geometry and New Legal Policy

China entered the field of space weapons with the successful anti-satellite test on 11 January 2007. National policies of spacefaring states commit to the principle of peaceful uses of outer space as enshrined in the Outer Space Treaty, but there is no detailed internationally binding regulation on anti-satellite weapons. Since 1981, the United Nations General Assembly passed annual resolutions on the Prevention of an Arms Race in Outer Space. These resolutions call for negotiations in the Conference of Disarmament for establishing an internationally binding instrument about space weapons. However, the Conference of Disarmament is deadlocked. China's weapons test has changed the power geometry. This paper examines the policy impact of the Chinese test, especially on the United States.     

The Demise of US Spacepower: Not with a Bang but a Whimper

Spacepower is a critical element supporting the US national security strategy. As more nations gain access to technology, there is growing concern that space capabilities will be increasingly vulnerable to attack. However, a more insidious problem looms. For the last decade, the development and acquisition of US national security space systems have become more and more troubled with cost overruns and schedule delays. This grave situation has caught the attention of national security leadership and the US Congress. Panels of experts have proposed a litany of remedies. In this paper we explain and illustrate the importance of enhancing space power to better support national security needs and caution that many of the proposed acquisition solutions address symptoms, not the primary cause.

As history as shown…if the US offers an inviting target, it may well pay the price of attack. With the growing commercial and national security use of space, US assets in space and on the ground offer just such targets. The US is an attractive candidate for a ‘Space Pearl Harbor’. ¹ Report of the Commission to Assess United States National Security Space Management and Organization, Pursuant to Public Law 106–65, January 11, 2001, available at <<http://www.defenselink.mil/pubs/space20010111.html>. This report is often referred to as the Space Commission Report.

This is the way the world ends

This is the way the world ends

This is the way the world ends

Not with a bang but a whimper. ² T.S. Eliot, ‘The Hollow Men’, 1925.      

What ‘Space Security’ Means to an Emerging Space Power

The term ‘security’ connotes in a comprehensive sense ‘human security’. Space, by virtue of its inherent characteristics, contributes significantly to different aspects of security – be it for food, education, water, health, environment, energy or defense. The term ‘spacepower’ is used normally with the meaning of ‘might’. However, here it is appropriate to describe it as the demonstrated ability to use the power of space for human welfare. India, in the last 40 years, has conceived, demonstrated, nurtured and put to use the tremendous power of space in various forms for the benefit of human beings, society and country. With the contribution made by space to the sustainable developmental process, there are many more emerging applications in the horizon. Hence there is a continuous need to innovate through advances in technology and applications. When such societal commitments are made with space infrastructure, the main security concern is to maintain continuity of services without any impediment and interference.     

美国城市限制流浪乞讨的措施及其启示

近二十年来,近半数美国城市对流浪乞讨行为进行了相当严厉的立法管制。管制措施包括设置"禁讨区"、禁止"侵犯性乞讨"以及禁止占用城市的公共场所等。但关于是否应对流浪乞讨行为进行立法管制,美国国内一直存在广泛的争议。本文分析了美国城市限制流浪乞讨行为的举措及其对我国流浪乞讨人员救助管理制度改革的启示。