Making Outer Space Legal: The “Appearance” of Extraterrestrial Intelligence at the Dawn of the Space Age

In the mid-1950s, the world’s space law practitioner, Andrew G. Haley, proposed the concept of Metalaw, the law governing interactions between all beings in the Universe, as he represented the American Rocket Society in the International Astronautical Congress, the single largest gathering of space-faring nations. Haley, with experience in radio communications law dating back to the 1930s, played a pivotal role in addressing the international allocation of radio frequencies in space. Haley was, too, an agile mediator with the Soviet Union and its bloc, acting across various organizations and forums. This article, in contextualizing Haley’s introduction of Metalaw, shows how the onset of the Space Age coincided with the emergence of a contact scenario involving extraterrestrial intelligence enabled by the corresponding techno-scientific capabilities of the time. It demonstrates how extraterrestrial intelligence discursively addressed outer space regulation as a bone of contention between the two geopolitically divided parts, a regulation upon which the US’s global satellite system would depend. The analysis in this article recounts the birth of the Metalaw concept at the intersection of outer space imaginary, law, international organizations, science and technology, diplomacy, the Space Race, the Cold War, and radio astronomy’s Search for Extraterrestrial Intelligence.