PLAYING THE COMMERCIAL SPACE GAME: TIME FOR A NEW RULE BOOK? Lawrence D. Roberts, Scott Pace and Glenn H. Reynolds ©Copyright 1997 by Lawrence D. Roberts. All rights reserved. [The following article appeared in the May/June 1996 issue of Ad Astra - the magazine of the National Space Society.] The late Gene Roddenberry had a vision of the future. His creation, Star Trek, pictures a technological society that not only works, but offers the closest resemblance to Utopia that most of us are likely to see. Roddenberry recognized that much as we may love to hate the legal profession, law and its practitioners are essential to the smooth working of effective systems of social order whatever the circumstances. Western civilization is the rule of law. From medicine to mining, from banking to baseball, how we work, play and live is defined by the rules we set for ourselves. We depend today on both international and domestic law to provide stability, to allocate rights and interests among competing parties and, on good days, to enhance the workings of our economy. This dependence is so complete, that even our fictional visions of the future can not do without law. It therefore follows that a legal regimen will play an essential part in the future development of a commercial space industry, but what will that role be? While it is impossible to predict the course of scientific development and the impact such development will have on our society, some policy needs will remain constant. Lawmakers in the aerospace arena will undoubtedly face a number of challenges. First, to craft laws and regulations that rely upon market mechanisms to maximize the efficient allocation of industry capital as fully as possible, reduce the costs associated with regulation and discourage partisan political interference in the space sector. Second, where the market isn't up to the job, to manage the competition for limited resources in the least intrusive manner. And last, to encourage an American space industry. The present law of outer space is rather uneven. International principles often retreat into ambiguous generalities or leave gaping holes which must be filled before any serious commercial development can occur. Domestic standards are either absent or so cumbersome as to inhibit exploitation. This state of affairs will not last, however. As the