Alexandra Dolce Esquire

Alexandra is currently working as Senior Legal Consultant for the New York City Housing Authority (NYCHA) Procurement Department. She is a very expert and a reference point in her field. Recently she has also joined the 'For All Moonkind's' Institute on Space Law and Ethics and today she will tell us something about Space and Law!

SpaceInfo had the pleasure to ask her some questions: sit down and be ready, things will be interesting...

Space Law is a relatively new branch in the field, even though from the very beginning of human exploration of Space this discipline has existed. Can you provide an overview of the current state of space law and its evolution over the years, especially in light of recent advancements in space exploration and technology?

Believe it or not, space law is not growing as fast as the recent advancements in space exploration and technology, at least in the United States. There have been some advancements recently (Orbital Sustainability Act), however, overall there are main gaps that need to be addressed and filled in reference to commercial activity in outer space.

As space activities become more commercialized, what legal challenges and ethical considerations arise in regulating private space companies and their interactions in outer space?

There are so many, I could spend the whole day talking about this. Some legal considerations are whether the level of scrutiny will be the same for activities in outer space as compared to their earthly counterparts. For example, how will negligence be assessed under the purview of space travel and tourism? In other words, will the duty of care standard be increased or decreased based on the fact that outer space is novel territory. This is one example. I could think of many more.

The Outer Space Treaty is a foundational document for space law. How well do you think it has adapted to the changing landscape of space activities, and are there areas that may need revision or improvement?

The Outer Space Treaty (”OST”) has not adapted to the changing landscape of current space activity. Remember the OST was promulgated way before commercial space activity and the level of technology we have and use today existed. Therefore, it did not anticipate and doesn’t make room to anticipate commercial activity. The OST is a treaty based on peace and cooperation. Profit and peace are not always friends, and many times don’t cooperate. Updated legislation to address a myriad of legal issues and potential legal issues is definitely needed.

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