Navigating the Legal Frontier: Dr. Upasana Dasgupta on Safety Standards for Deep Space Human Settlements

The ACES Worldwide Living in Space Workshop featured a crucial presentation by Dr. Upasana Dasgupta, Vice-Chair of ACES Worldwide and Assistant Professor at Jindal Global Law School, alongside Dr. Joseph Pelton, Chair of ACES Worldwide and Dean emeritus of the International Space University. Their presentation, "Space Policy, Regulation, and Safety Standards for Deep Space Exploration, Development & Human Settlements," addressed the urgent need for comprehensive legal frameworks as humanity prepares for permanent settlements beyond Earth.

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The Legal Vacuum of Deep Space

Dr. Dasgupta opened with a stark assessment: while existing space laws and general international law technically apply to deep space exploration, they are woefully inadequate to address the particularities of deep space activities. The 1979 Moon Agreement, designed to prevent the Moon from becoming "an area of international conflict," provides a foundation, but its provisions—written decades before serious lunar settlement plans—fail to address modern realities.

The central challenge is clear: we're attempting to govern 21st-century deep space activities with 20th-century legal frameworks designed for an era when permanent human settlements seemed like distant science fiction.

Artemis vs. ILRS: A Tale of Two Frameworks

The Artemis Accords: Political Commitment, Not Treaty

Dr. Dasgupta provided critical analysis of the Artemis Accords, noting that they explicitly represent a "political commitment" rather than a binding treaty. Section 13(2) specifically states they are "not eligible for registration under Article 102 of the Charter of the United Nations"—a clear indication they lack the legal force of international treaties.

While the Accords affirm many Outer Space Treaty principles, they introduce controversial concepts:

• Safety zones around lunar operations

• Resource extraction rights

• Technology sharing protocols

• Space heritage preservation

The Sino-Russian Alternative: ILRS

The International Lunar Research Station (ILRS), jointly initiated by China's CNSA and Russia's Roscosmos, presents an alternative framework. With three phases—reconnaissance, construction, and utilization—the ILRS aims to host crewed missions by 2027.

Their June 2021 "Guide for Partnership" invites international cooperation based on "principles of equality, openness and integrity," but operates under a different legal and operational philosophy than the Artemis Accords. This parallel development of competing frameworks highlights the urgent need for unified standards.

Four Critical Areas of Safety Concern

Dr. Dasgupta and Dr. Pelton identified four key areas where legal frameworks are desperately needed:

1. Astronaut Safety and Search & Rescue

The Executive Director of the International Association for the Advancement of Space Safety's 2022 warning resonates strongly: "Unless specific actions are taken to actually create these safety standards and methods to ensure that the necessary standardization actions are taken, these are empty words. Actual implementation is everything since principles do not create working systems."

Critical needs include:

• Standardized space suit interfaces allowing any astronaut to use any nation's life support systems

• Universal distress signals and rescue protocols

• Cross-compatible communication systems

• Medical emergency protocols that work across all facilities

Dr. Dasgupta emphasized that with communication lag times to Earth ranging from 1.3 seconds (Moon) to 24 minutes (Mars), being self-sustaining isn't just important—it's survival. This self-sufficiency requires practicing "principles of good neighbourliness" in harsh lunar and Martian environments.

2. Infrastructure Development and Interoperability

Support infrastructure on the Moon and Mars must include:

• Telecommunications and networking facilities

• Search and rescue capabilities

• Electrical power systems and stations

• Water supply and fueling systems

• Farming support and oxygen production

The presentation stressed that an international team of standards engineers must ensure compatibility across all systems. Without interoperability standards, a medical emergency at a Chinese facility might become fatal if American astronauts can't connect their suits to Chinese life support systems, or vice versa.

Article 4 of the Moon Agreement supports this cooperation: "International co-operation in pursuance of this Agreement should be as wide as possible and may take place on a multilateral basis, on a bilateral basis or through international intergovernmental organizations."

3. Environmental Protection and Military Concerns

As deep space exploration expands, critical questions remain unresolved:

• Military bases: Are they permitted under current treaties?

• Nuclear power facilities: Who regulates their use and safety?

• Industrial operations: What environmental standards apply?

• Third-party liability: Who is responsible when accidents affect other nations' operations?

The lack of clear regulations could lead to environmental disasters or military confrontations in space—scenarios the original treaties sought to prevent.

4. Resource Extraction and Property Rights

Perhaps the most contentious area involves space mining and resource utilization. Key challenges include:

• Safety zones potentially violating non-appropriation principles

• Common heritage concepts versus commercial exploitation

• Benefit sharing between spacefaring and developing nations

• Property rights to extracted resources

Article 11 of the Moon Agreement calls for an "international regime" to govern resource exploitation, with requirements for:

• Orderly and safe development

• Rational resource management

• Expanded opportunities for resource use

• Equitable benefit sharing, with special consideration for developing countries

However, neither the Artemis Accords signatories nor the ILRS partners have ratified the Moon Agreement, leaving this framework largely theoretical.

The Time for Action is NOW

Dr. Dasgupta's presentation carried a sense of urgency. As she emphasized, "the time to ensure standardization and interconnectivity is NOW!" This isn't bureaucratic hand-wringing—it's about preventing catastrophic failures that could cost lives and derail humanity's expansion into space.

The presentation highlighted ongoing efforts, including the COPUOS Working Group on Legal Aspects of Space Research Activities, whose conclusions will be crucial in addressing these challenges. However, the gap between current legal frameworks and operational needs continues to widen with each passing month.

From Principles to Practice: The Implementation Challenge

What makes Dr. Dasgupta's analysis particularly compelling is her focus on practical implementation. As she noted, principles alone don't create working systems. The presentation called for:

Immediate Actions Needed:

1. Technical Standards Committee: International engineers developing universal compatibility standards

2. Emergency Protocols: Unified search and rescue procedures that work across all facilities

3. Regulatory Framework: Clear rules for nuclear power, industrial operations, and environmental protection

4. Dispute Resolution: Mechanisms for resolving conflicts without Earth-based intervention

Long-term Governance Structure:

1. Deep Space Authority: An international body with enforcement powers

2. Resource Management Regime: Fair allocation and benefit-sharing systems

3. Environmental Standards: Planetary protection protocols for Mars and the Moon

4. Military Restrictions: Clear boundaries on weaponization and military activities

The Stakes: Life and Death in Deep Space

Dr. Dasgupta's presentation made clear that these aren't abstract legal questions—they're matters of life and death. When the nearest help is months or years away, when communication with Earth involves significant delays, and when the environment itself is immediately lethal, legal frameworks become survival tools.

Consider a scenario where an emergency at an ILRS facility requires evacuation to an Artemis base. Without standardized protocols, compatible life support systems, and clear legal frameworks for assistance, what should be a routine rescue could become an international incident—or worse, a preventable tragedy.

Building Consensus in a Divided World

Perhaps the greatest challenge Dr. Dasgupta identified is building consensus between competing space powers. With the Artemis Accords and ILRS representing different approaches to lunar development, the risk of incompatible systems and conflicting legal regimes grows daily.

The presentation suggested that technical standardization might provide a pathway to broader cooperation. Even if nations disagree on resource extraction or military activities, they should agree that all spacesuits should connect to all airlocks, and all distress signals should be universally understood.

A Call for Urgent Action

Dr. Dasgupta and Dr. Pelton's presentation serves as both warning and roadmap. The warning: current legal frameworks are dangerously inadequate for the deep space settlements now being planned. The roadmap: specific areas where international cooperation and standardization can save lives and prevent conflicts.

As humanity stands on the threshold of becoming a multi-planetary species, the work of legal scholars like Dr. Dasgupta becomes critical infrastructure—as important as rockets and life support systems. The Rules for Deep Space Exploration and Development aren't just legal niceties; they're the foundation upon which humanity's future in space will be built.

The presentation concluded with a clear message: the time for developing these frameworks isn't when the first permanent bases are established or when the first resources are extracted. The time is now, before lives are lost to preventable failures and before incompatible systems create irreversible divisions in humanity's expansion into space.

The Living in Space Workshop continues to address not just the technical challenges of space settlement, but the crucial legal and regulatory frameworks needed for safe and sustainable human expansion beyond Earth.