The Space Review by Matthew Ormsbee 9/9/2024
In low Earth orbit, where human ingenuity first meets the unforgiving vacuum of space, government and commercial actors have created a situation that tests not only technological capabilities but also the legal frameworks governing space exploration. US astronauts Suni Williams and Butch Wilmore find themselves in an unprecedented predicament aboard the International Space Station (ISS). Their planned eight-day mission, initially delayed indefinitely due to unexpected technical difficulties with Boeing’s Starliner aircraft, now stretches to an expected eight-month mission aboard the ISS. This scenario is a testament to the inherent risks of space exploration. But it also serves as a critical case study in international space law and the complexities of commercial partnerships in space operations.
While Boeing’s technical difficulties that render the expected return trip indefinitely delayed could be dubbed an “accident,” it is unlikely that this is the sort of mishap the OST envisioned for state assistance.
The predicament of Williams and Wilmore raises several legal and policy considerations. For example, how does international law address the rescue and return of stranded astronauts, if at all? Which obligations do states and private entities have in ensuring the safety and timely return of space travelers? And perhaps most pressingly, how do we navigate the intersection of national interests, commercial capabilities, and international cooperation in the face of such challenges?
Legal authorities
To address the legal landscape relating to this situation, one turns first to the cornerstone of international space law: the 1967 Outer Space Treaty (OST).[1] This seminal treaty lays the groundwork for international cooperation in space and establishes fundamental principles for space activities. Article V of the OST is particularly relevant to the Williams-Wilmore situation. It stipulates that astronauts are regarded as “envoys of mankind” and that states shall render “all possible assistance” to astronauts in the event of accident, distress, or emergency landing.[2] This provision establishes a clear obligation for international cooperation in ensuring the safety and rescue of astronauts. Yet, the treaty’s language, while emphatic, lacks specificity on the exact nature and extent of this assistance, especially in scenarios involving commercial spacecraft and extended stays on the ISS.
Thankfully, the near-daily reports of the welfare of Williams and Wilmore, including statements from them to the media and loved ones, seem to indicate that the astronauts are disappointed but not in distress. Indeed, the astronauts’ daily routines on the ISS seem to keep them occupied and complacent as Boeing and NASA evaluated possible courses of action. A longer-than-anticipated stay on the ISS, while unintentional, falls outside the purview of a space accident under the OST. And while Boeing’s technical difficulties that render the expected return trip indefinitely delayed could be dubbed an “accident,” it is unlikely that this is the sort of mishap the OST envisioned for state assistance. Thus, absent a clear accident, case of distress, or emergency landing, the OST does not require intervention from other states.
The 1968 Rescue and Return Agreement further elaborates on the rescue and return obligations outlined in the OST.[3] This agreement requires state signatories to take all possible steps to rescue and assist astronauts in distress and promptly return them to the representatives of their launching authority.[4] However, the treaty was conceived in the Cold War era dominated by state-sponsored space missions, and does not explicitly address situations involving commercial spacecraft or extended stays on international space stations. The predicament of Williams and Wilmore does not cleanly fit into the scenarios envisioned by the OST or the Rescue and Return Agreement. The astronauts are not in immediate physical danger, nor have they made an emergency landing on Earth or another celestial body. Instead, they find themselves in a state of limbo, safely aboard the ISS but unable to return to Earth as planned due to issues with the Starliner spacecraft.
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https://thespacereview.com/article/4853/1
