We've ventured to set out into space to make real, once almost an unachievable, vision and dream about touching the stars. Finally, after many centuries, we hardly managed to mark our presence there. Yes, „hardly”, as this, undoubtedly great, success hasn’t make us, so far, cosmic sailors in awe-inspiring spaceships capable to surpass their predecessors from the Age of Exploration (dated on late the 15-17th century). Although it hasn’t happened yet, we focus our efforts on various unmanned missions, simultaneously striving to send astronauts to Mars; our nearest, possible-to-visit planet in the Solar System. Nevertheless earlier, we want return to the Moon, being somehow forgotten for more than four decades… This is going to change thanks to the Artemis program, established in 2017.
When the previous space race1 (1959-1969) truly began, from the famous JFK's speech at Rice University on 12th September 1962, soon a well-known sentence was said: "The eagle has landed". It was followed by the words engraved on a plaque left on the Moon’s surface: "We came in peace for all mankind". There were to emphasize our unity and triumph in the context of the exploration of the cosmos. Indeed, a momentous achievement. However, the intention, beautiful per se, needed to be also followed by the suitable law regulations, as mankind has just entered the new era and domain of its activity.
It seemed then that the great conflicts lessons were learnt and we wouldn't repeat the terrible mistakes of the past. Therefore, the will was expressed to make space and celestial bodies free of military conflicts not only for the purpose of the space race itself but the next generations too. As a result, the Outer Space Treaty2 was worked out, adopted on 19th December 1966 and entered into force on 10th October 1967. As of March 2024 there were 115 countries that signed the treaty. Another four important UN documents on outer space are (with dates as above, respectively): "the Rescue Agreement3" (19 December 1967/3 December 1968); "the Liability Convention4" (29 November 1971/1 September 1972); "the Registration Convention5" (12 November 1974/15 September 1976); "the Moon Agreement6" (5 December 1979/11 July 1984). Irrespectively on these regulations the COPUOS7 conference takes place on a yearly basis, in June at the Vienna International Centre, Austria. The latest, 67th, session held between 19-28th June 2024. At the moment, there are 102 member states of the Committee.
In the meantime, something has changed, unfortunately... New kinds of weapon and space shuttles appeared in the sky, such as e.g.: ASAT or X-38B and Chinese space plane Shenlong (Divine Dragon), respectively. Needless to say, the decision-makers and the militaries tend to the redefinition of the above mentioned principles in the context of the activity on the Earth's orbit. It's already noticeable as more and more countries mark their presence there by creating space component, being an integral and a very important part of their the so-called "traditional" armed forces. Here are only some examples: the U.S. – Space Forces; Russia – Kosmicheskie Voyska Rossii; China – People's Liberation Army Aerospace Force; France – Armée de l'Air et de l'Espace. Other states just aspire to this group, for example: India – ISAF India Space and Air Force (procedure undergoing) or Poland – the decision on creating space forces component was signed in 2023 by the President of the Republic.
The presence of UAPs, both in the Earth's airspace and beyond, add the spice to the issue, as it could justify, at least to some extent, the undertaken actions. Of course, only if governments decide to go a step farther, and officially admit that the problem with UnEaBrIs8 is real, simultaneously revealing what conceals behind it. This will imply the need of updating the regulations governing global air navigation services such as the ICAO's9 Chicago Convention10, as well as other applicable laws formualted by domestic agencies responsible for providing flights safety. The changes in the Convention could include, among other things, registering new position(s) in the Section: "International Standards", Chapter 1 "Definitions" such as: just UAP – Unidetified Aerial Phenomena or (P)ExtAc – (Potential/Probable) Extraterrestrial Aircraft; giving pilots a legal frames in case of observing and reporting objects not resembling the ones made by a man…
Undoubtedly, mlitarized space surrounding Earth becomes great temptation nowadays, which we won't be finally able to oppose, in my humble opinion. Therefore, for sure, the updated warfare doctrines will be formulated moving – not the first, or the last time – lofty ideas into the background. If this tendency sustains or intensifies, soon, in a decade or less, space will no longer be a peaceful place for all mankind. By the same, the visions of writers and film-makers or some scientists will come real, but not in the context of emotional expeditions or saga adventures into unknown, but cruel, asymmetric conflicts with a precision, sudden and destructive struck back from the heavens.
Not quite optimistic perspective, isn't? Is there, therefore any alternative? One day we'll definitively renounce wars. Hmm…? A very doubtful wish. So, perhaps we'll have to face the enemy from the outer space we don't know yet, albeit we might be already observed... Cold comfort either. This will create a paradox once again. Mankind united? Yes, by the war for the survival…
______________
1 Constituting a kind of a ''safety valve'' during the cold war rivalry between the U.S. and the Soviet Union.
2 Officially, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.
3 Formal name: Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.
4 Convention on International Liability for Damage Caused by Space Objects.
5 Convention on Registration of Objects Launched into Outer Space.
6 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.
7 Committee on the Peaceful Uses of Outer Space.
8 Unauthorized Earth's Airspace Breach Incidents.
9 International Civil Aviation Organization.
10 The Convention on International Civil Aviation a.k.a. just the Chicago Convention.