Public Policy Basics
When discussing government actions or rules, people often envision laws, regulations, and constitutions. While these are integral to creating the legal frameworks that govern modern societies, they offer an incomplete view of the legal framework without reference to public policy.
What is Public Policy?
Public policy encompasses the decisions and actions – or inactions – taken by governmental bodies and officials in interpreting, implementing, and enforcing laws, regulations, constitutions, and even treaties. It goes beyond the mere existence of legal texts to include how those texts are applied to issues and the outcomes they produce.
Overview of the Policy Process
The policy process is a dynamic and often complex series of steps that guide how policies are developed, implemented, and evaluated. While various models exist to describe this process, they generally follow a similar structure:
- Agenda Setting/Issue Identification: Identifying problems or issues that require government attention and prioritization.
- Policy Alternatives Formulation and Analysis: Developing and assessing potential solutions or courses of action to address identified issues.
- Consultation and Decision Making: Engaging stakeholders, experts, the public, and other decision-makers in discussions and deliberations to inform policy choices.
- Policy Implementation: Putting the chosen policies into practice through the allocation of resources, enforcement mechanisms, and administrative actions.
- Policy Evaluation: Assessing the effectiveness, efficiency, and impact of policies over time to inform future decision-making.
While this structure seems simple, the policy process is rarely straightforward or linear and often involves iteration, adaptation, and ongoing refinement as new information emerges and societal needs evolve.
Understanding Space Policy
Building upon our definition of public policy, space policy encompasses the decisions, actions, and inactions taken by governmental bodies and officials in interpreting, implementing, and enforcing laws and treaties related to outer space and space activities. Like any public policy, space policy is subject to the policy process described above. However, the international nature and historical context of space policy add layers of complexity to decision-making in this domain.
History of Space Policy
Space policy emerged as a significant agenda in the late 1950s, fueled by the advancement of military rocketry and the space race between the Soviet Union and the United States. This period of intense competition led governments to prioritize aerospace technological development and assert leadership roles in space exploration within their borders. The resulting international tensions prompted the development of several key treaties aimed at fostering peaceful cooperation in outer space, most notably the Outer Space Treaty (OST). The OST, considered the cornerstone of modern space policy and law, establishes outer space as “res communis” or “territory of no nation,” prohibiting unilateral claims of ownership or property in space. Despite subsequent challenges, such as the US SPACE Act of 2015 and the Artemis Accords, the fundamental principles of the OST endure, shaping space policy to this day. While this policy regime has proven itself effective in facilitating peaceful cooperation, it poses challenges for space debris remediation efforts.
Who Makes Space Policy?
Space policy is formulated at both the international and national levels. International treaties, such as the OST, establish space law, with negotiating bodies like the United Nations and its agencies playing pivotal roles in crafting these agreements. However, it is individual signatory nations that translate international treaties into national-level space policy. Occasionally, national policies, like the US SPACE Act of 2015, may diverge from international norms, sparking scholarly debate and potential adjustments through new treaties or policies, such as the Artemis Accords.
Why is Policy Development Important for Outer Space?
Since the 1950s, governments have played a pivotal role in shaping space activities, but the growing significance of the private sector in the space economy highlights the need for updated policies and laws. By reforming and modernizing space policy and law, we can:
- Foster Innovation: Updated regulatory frameworks can encourage innovation and investment in space exploration and utilization, driving progress and technological advancements.
- Address Emerging Challenges: Effective policies are essential for tackling pressing issues such as space debris, ensuring the sustainability of space activities, and protecting space assets.
- Ensure Equitable Distribution of Benefits: Modernized policies can promote fairness and accessibility in space decision-making and endeavors, allowing for the widespread distribution of benefits from space exploration and utilization.
Promote Order and Stability: Clearer rules and norms established through modern policy development can enhance cooperation, minimize conflicts, and maintain peace in the global space domain.
Space Governance Models
At the COF, we use the term “space governance models” to refer to the diverse frameworks, structures, and mechanisms guiding decision-making, policy formulation, and regulation within the domain of space exploration and utilization. These models encompass organizational structures, legal frameworks, and governance mechanisms that shape interactions among spacefaring nations, international organizations, commercial entities, and other stakeholders in space.
Examples of space governance models include:
- International Treaties and Agreements: These legally binding agreements, negotiated and ratified by multiple countries, establish principles, rules, and norms governing space activities. Notable examples include the Outer Space Treaty (OST) of 1967 and the Rescue Agreement.
- National Laws and Regulations: These come about when individual countries enact laws and regulations to govern their space activities, covering aspects such as licensing requirements, safety standards, and liability provisions.
- Regulatory Frameworks: These treaties and laws often create regulatory bodies and agencies at the national and international levels that oversee various aspects of space activities, including launch licensing, spectrum allocation, orbital debris mitigation, and satellite registration.
- International Organizations: Entities like the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and the International Telecommunication Union (ITU) play crucial roles in coordinating international cooperation, setting standards, and facilitating dialogue on space-related matters.
- Public-Private Partnerships: Collaboration between governments and commercial entities is increasingly prevalent in space exploration and utilization. These partnerships may involve joint ventures, cooperative agreements, or contracts for space services.
- Multilateral Cooperation: Spacefaring nations often engage in collaborative initiatives and projects to pool resources, share expertise, and address common challenges, such as satellite technology advancement, space science, and astronaut wellbeing.
Understanding different space governance models is crucial for navigating the complexities of space policy, promoting international cooperation, ensuring responsible space exploration, and fostering the sustainable use of outer space resources. Therefore, the rest of this page is dedicated to exploring the role of space governance models such as national law, international organizations, and international treaties in shaping the present and future of space policy.
Role of International Bodies in Space Policy
While individual nations wield direct control over their respective space laws and policies, international governance of outer space falls under the purview of the United Nations (UN) and other global organizations due to the provisions of the OST. These entities play pivotal roles in establishing international space law and fostering broad-scale coordination and cooperation in space-related matters. Understanding the functions of each organization is essential:
The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS)
Established by the UN General Assembly in 1959, COPUOS is entrusted with ensuring that space exploration and utilization are conducted peacefully and in a way that will benefit all of humanity. Comprising 100 Member States and 45 Observer Organizations, COPUOS, through its subsidiary Office of Outer Space Affairs (OOSA), develops policies and treaties governing non-military activities in space. The committee operates through a structured subcommittee system, facilitating in-depth deliberations and consensus-building on various aspects of space policy and law.
The Inter-Agency Space Debris Coordination Committee (IADC)
The IADC serves as an international platform for government space agencies to coordinate efforts related to space debris mitigation. Its primary objective is to facilitate information exchange and collaborative research among member agencies, aiming to identify effective debris mitigation strategies. Additionally, the committee offers voluntary guidelines for debris mitigation, emphasizing measures to prevent the creation of on-orbit debris.
The International Telecommunications Union (ITU)
With a legacy dating back to the late 19th century, the ITU has long been entrusted with managing international telecommunications. In the realm of modern satellite communication, the ITU oversees the allocation of geostationary orbital (GEO) slots to member States, ensuring the orderly deployment of communication satellites to mitigate physical and electromagnetic interference. Member States then utilize national regulations to license and utilize their assigned orbital slots.
The Space Treaties
Since its establishment in 1959, COPUOS has played a pivotal role in formulating five key treaties governing space activities. While the Outer Space Treaty (OST) stands as the cornerstone, familiarity with all treaties is essential for comprehending modern space law:
- Outer Space Treaty: This treaty, ratified in 1967, lays the foundation for international space policy, emphasizing principles of peace and cooperation.
- Rescue Agreement: Enacted to facilitate mutual assistance among signatories, the Rescue Agreement outlines protocols for recovering astronauts in distress and retrieving lost space objects.
- Liability Convention: Defining the legal liability of states for damages caused by their space objects, the Liability Convention establishes accountability within the realm of space activities.
- Registration Convention: Standardizing the registration of space objects, this convention ensures transparency and accountability in tracking orbiting assets.
- Moon Treaty: Extending the principles and jurisdiction outlined in the OST to lunar and celestial bodies, the Moon Treaty reinforces the norms of peaceful and cooperative exploration beyond Earth.
While these international bodies, treaties, and laws play a crucial role, it’s essential to recognize their voluntary and unenforceable nature. Unlike national regulations, there is no designated authority to ensure compliance or enforce penalties for violations. Instead, these policies serve as voluntary guidelines until adopted into national law by member states. This voluntary framework particularly impacts issues like space debris and sustainability, where international policies on the subject are merely best practice recommendations. Currently, there is no legal mechanism to deter nations from generating new debris, whether intentionally or unintentionally. Moreover, certain provisions within the Outer Space Treaty, such as those assigning responsibility to states for their activities in space, present challenges, especially concerning Active Debris Removal (ADR) efforts.
