Legal analysis of Sea Launch license: National security and environmental concerns

Abstract

This paper analyzes the national security and environmental concerns surrounding the Sea Launch consortium's international license from a legal perspective. The growing market demand for a more affordable, reliable, and convenient commercial satellite launching service has led to the idea of Sea Launch-launching satellites from the sea near the Equator. However, this can pose potential conflicts between national security and foreign policy interests, and between environmental conservation and economic growth because, of the international technology development issues around launching from the sea. This paper illustrates a case for balancing such multiple constraints via legal interpretation. The analysis is conducted in reference to 49 U.S.C. 70101-70119 Commercial Space Launch Activities and 42 U.S.C. 4321-4345 National Environmental Policy Act (NEPA) of 1969. The paper also examines weather the United Nations Convention on the Law of the Sea is binding on Sea Launch operations. Although the scope of this paper is limited mostly to the US law and the national security and environmental aspects of Sea Launch, it provides a useful example for policy making of an international collaborative technology development project. (C) 2008 Elsevier Ltd. All rights reserved.