E7.1 It’s a Complicated Extraterrestrial World Out There: Does Consensus-based Multilateralism of Space Governance Still Work?

Steven FREELAND

Emeritus Professor, Western Sydney University; Professorial Fellow, Bond University; Director, International Institute of Space Law, IISL

Australia

Almost immediately following the 1957 launch of Sputnik 1, multilateral processes emerged for the negotiation and finalization of the governance instruments that comprise the international legal framework for activities in outer space. These include United Nations Space Treaties, United Nations General Assembly Resolutions and other ‘soft law’ guidelines and proposed standards for specific aspects associated with the exploration and use of outer space. As new activities are contemplated, multilateral fora, particularly the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) and its Subcommittees, are tasked to discuss these issues and, as appropriate, agree – by consensus – on applicable outcome instruments.

One current example stems from the renewed global interest regarding possible benefits derived from the future exploration, exploitation, and utilization of the natural resources of the Moon and other celestial bodies. While future “space resource activities” may give rise to such benefits, there are also significant challenges, and many different perspectives to be considered, so as to ensure that they are undertaken in a safe and sustainable manner that also minimizes the risk of misunderstandings, miscalculations and conflicts.

In the context of an increasingly complex operating environment in outer space - rapid developments in technology, more space-faring countries, and the significant involvement of the private sector - this lecture will examine ongoing international discussions about future space resource activities and highlight related issues identified by UNCOPUOS, through its multilateral process.