Interstellar Law - Government

If government is necessary in the Interstellar environment, could - or should -- we rely on Earth-based governments?

Let us consider first the need for government.

Rousseau, the 18th century French philosopher, viewed the need for a Social Contract in society - and this Social Contract would be the initial basis of government. While Rousseau has been condemned at times, there has been a need for a social code that would inherently and explicitly bring order to society.

Now, it could be argued that the space program has been able to rely on Earth-based government, and hence does not need space-based government instead. It should be noted that all human-based space activities have been limited to low earth orbit (LEO) or to the moon for a mission limited in length.

What happens when trips to other planets or the asteroid belt take place?

First, the length of time for communications, based on the speed of light, increases dramatically.

Second, if a severe crime such as murder occurs, it could take months or even years for such a criminal to be taken into custody for the safety of all. Hence the need for government. At the same time, there is the need to prevent abuses of power by government. There is, then, a clear need for parameters on government action.

This is Mr. Risman's 25th law text. Mr. Risman is an Honours LL.B. graduate from the University of London, and obtained his LL.M from the same institution. Mr. Risman is a member of the Society of Legal Scholars of the United Kingdom and Ireland. He has advised the UK Supreme Court, and has spoken at Legal Conferences in the UK and abroad.