Is Sustainable Space Exploration Possible with Current Laws?

There are a lot of things we need to do to live sustainably. However, we have to consider whether this means giving up on some of our other top priorities.

Space law. It sounds like a not-so-exciting Star Wars subplot. Not quite. Space law is actually a legal practice area that helps frame policy on space exploration. Some people call it a final frontier of sorts. As we turn our eyes to the sky, it’s natural to worry that terrestrial problems might find their way into space without careful planning.

Many people want to make space exploration a priority. One survey found 58% of Americans feel it is essential for our future.

Global conflict might not need a planet to unfold in an age of increasingly expansive space exploration options. This is one of the reasons we spent over $630 billion on space exploration in 2023 alone. But what does this mean for the planet?

Is there a sustainable path forward under current space laws that helps lower our carbon footprint? That’s what we will be looking at in this article. Read on to learn more.

Overview

What do we have in terms of space law as it now exists? Many of the earliest provisions, dating back to the 1970s concern themselves primarily with logistic questions. Ok. We can go into space. How are we supposed to act up there?

Here’s what they came up with.

The one of the very earliest laws, which came into being in 1967 was all about what could and couldn’t be done. How a nation would go about testing weapons in space? Can outer space territories be colonized?

The answer to that one is no. Global governments agreed as early as 1963 that no government could legally claim ownership over celestial bodies. Pluto is neither a planet nor a Russian colony.

Then, how to treat our astronauts. To what lengths do we go to rescue distressed space cadets? We no from recent events that that process can be both lengthy and incredibly complicated.

Some of the laws are even more boring than legal matters usually are. For example, what are the guidelines for using electromagnetic waves in outer space?

Space law gets pretty niche, but then that’s kind of the point of legal doctrine. You need, as a well-known reality show frequently reminds us, to expect the unexpected. Strange stuff can happen anywhere but maybe particularly in space. When it does, happen, we need well-thought-out rules to shape our response. That’s space law in a nutshell.

What Does Space Law Say About Sustainability?

Not very much actually. There are guidelines designed to dictate how countries handle space matter. In 1967 NASA published the Artemis Accords–an optional set of guidelines that basically provides recommendations for how to act in space. Not exactly law, but more of a “best practices” kind of handbook. The agreement has been signed by multiple nations but lacks universal adoption.

In terms of actual sustainability, there’s not really an answer to the kind of concerns an environmentally concerned citizen might have on their mind. Getting into outer space is not exactly the sort of thing you do in an EV. Rocket launches produce significant carbon emissions and other pollutants. That said, space technology is changing all the time, and as private enterprises are playing a bigger and bigger role in how we access the solar system, it may be more important than ever to cement clear rules.

The increasing commercialization of space has created new urgency around establishing regulatory frameworks.

How Can You practice Space Law?

Law school generally covers all practice areas. Rarely will you need to specialize beyond your initial degree. The standard JD curriculum provides the fundamental legal knowledge needed for various fields, including emerging ones like space law. Most law schools offer elective courses that allow students to explore specialized interests without requiring formal specialization.

Most people do zero in on one or two legal niches once they start working, but that is primarily as a form of branding, and because it’s very hard to master many different legal disciplines. Attorneys who practice space law typically begin their careers in adjacent fields like international law, aviation law, or regulatory compliance. They develop expertise through on-the-job experience, continuing education, and professional networking.

For those specifically interested in space law, joining organizations like the International Institute of Space Law or seeking internships with space agencies can provide valuable experience. Some attorneys also pursue additional credentials like an LL.M. in Air and Space Law, though this is not strictly necessary to practice in the field. The key is developing specialized knowledge while maintaining a solid foundation in broader legal principles.

Where Do Space Lawyers Work?

Unfortunately, not the Millennium Falcon. Private space companies will typically utilize the services of people who practice space law.

Naturally, there aren’t very many of those. The majority of people working in this field ply their trade for the government. They help develop international treaties and navigate concerns as they come up.

While it’s hard to put a number on how high the demand is, it might be fair to say that this career has never been more needed. We don’t know exactly what the future of space travel has in store. We do know that major developments concerning what is even possible are taking place every day.

If you are interested in giving this job a shot, your first step will be to complete your educational requirements.

Law programs are technically graduate degrees. You will need to finish your undergrad and pass the LSATs to gain admission.

It is also possible—though not always necessary, to get a Master’s degree in space and air law. This may be required by some employers and will help your resume stand out regardless.

Ready to get started? Begin by finding a program that interests you. There are now online law schools that make getting your credentials more accessible than ever. It’s a better time than ever than to step into the final frontier of law practice.