Outer Space – Rights & Resources
An interview with Prof. Frans von der Dunk
In the midst of the 1960s space race, the Outer Space Treaty was created as a global agreement to prevent nuclear conflicts from extending beyond Earth and to ensure the peaceful use of space. Today, modern space exploration involves commercial tourism, resource extraction, and new participants such as nation-states and private enterprises. Professor Frans von der Dunk, an expert in space law, examines the applicability of the Outer Space Treaty and customary international law to modern space activities. Key questions addressed include property rights over celestial and lunar natural resources and liability issues related to private operations in space.
Additional Resources
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Outer Space Treaty
- Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Ratified by over 100 countries. Establishes principles for peaceful use, prohibition of nuclear weapons in space, and liability for damage caused by space objects. (1967)
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Moon Agreement
- Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. Not ratified by major spacefaring nations. Governs activities on the Moon and other celestial bodies in the solar system. (1979)
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Rescue Agreement
- Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. Establishes framework for rescuing astronauts in distress and returning space objects to their country of origin. (1968)
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Liability Convention
- Convention on International Liability for Damage Caused by Space Objects. Outlines liability of States for damage caused by their space objects to other States or their citizens. (1972)
About Prof. Frans von der Dunk
“[The space race is] no longer limited to the United States, Russia, and China.… We are living in a multi-polar world also in outer space, and, of course, that raises a number of important legal issues as well.”
Frans von der Dunk is a professor at Nebraska College of Law and an expert in aviation law; international law; European union law; and space, cyber, and telecommunications law. Von der Dunk is also the owner of a consultancy company for space law and policy, Black Holes B.V. and the series editor of "Studies in Space Law." Prior to teaching at Nebraska, he was an Associate Professor and Director of Space Law Research at Leiden University. In 2004, he was awarded the Distinguished Service Award of the International Institute of Space Law of the International Astronautical Federation. He was also awarded the Social Science Award of the International Academy of Astronautics in 2006 and the Social Science Book Award in 2015 for the Handbook of Space Law. Von der Dunk acts as visiting professor on international and national space law and policy, international air law, and public international law at about 50 universities across the world. He has written more than 180 articles and publications, many of which are featured in prestigious publications such as, American Bar Association Journal, Journal of Space Law, Michigan State International Law Review, POLITICO Space, and U.S. News & World Report. Von der Dunk was nominated Member of the European Space Sciences Committee of the European Space Foundation, the first lawyer ever. In 2007, he was appointed by the Association of Space Explorers as the sole lawyer on the Panel on Asteroid Threat Mitigation. He has also served as advisor to the Dutch Government, many foreign governments, The European Commission, the European Space Agency, the United Nations, and many other organizations.
