The New Wild West: Law, Regulation, Conflict, and the Future of Space

This article explores issues and concerns raised by increased human activity in space. As space travel follows the arc of civil aviation, an activity that is hazardous and only for the wealthy will become safe and within reach of potentially large audiences for tourism and for recreation. Entrepreneurs are planning for habitats on the Moon and Mars, and other investors see the prospect of mining asteroids and mineral resources on the Moon. Space activity occurs in an environment with very weak regulation and little established space law. Space debris is growing to a level where it could threaten all low Earth orbit activity. Ethical issues are raised by commercial space activity, and the only United Nations treaties dealing with space do not address private or commercial ownership of real estate in space. In the new “Wild West” of space travel, judicious regulation and law can help mitigate some of the worst outcomes of exploration and exploitation of the new off-Earth frontier.