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Outer Space Law

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Outer Space Law is a branch of international law governing human activities in outer space, including the exploration and use of celestial bodies, the liability for damage caused by space objects, and the preservation of space for peaceful purposes. It encompasses treaties, agreements, and customary practices among nations.
lightbulbAbout this topic
Outer Space Law is a branch of international law governing human activities in outer space, including the exploration and use of celestial bodies, the liability for damage caused by space objects, and the preservation of space for peaceful purposes. It encompasses treaties, agreements, and customary practices among nations.

Key research themes

1. How can legal frameworks effectively regulate the mitigation and removal of orbital debris to ensure the sustainability of outer space activities?

Mitigating space debris and managing orbital pollution are critical to sustaining the safety and functionality of outer space for current and future activities. The accumulation of debris poses collision risks, operational hazards for satellites and spacecraft, and threats to human spaceflight. Despite recognition of these challenges, existing international space law regimes exhibit critical gaps in addressing debris mitigation, responsibility, and debris removal financing. This theme investigates the shortcomings of current legal frameworks, explores the rationale for an international regime dedicated to space debris management, and evaluates institutional and governance approaches to foster sustainable debris control.

Key finding: The paper identifies critical gaps in the existing international space law regime regarding space debris mitigation and points out that the outdated legal framework is a key obstacle for debris removal initiatives. It... Read more
Key finding: This research analyzes the escalating risk of space debris accumulation, including the influential Kessler Syndrome, and critically evaluates the efficacy of current international legal instruments. It argues that existing... Read more
Key finding: Through empirical analysis combining network theory and stakeholder interviews, the paper concludes that while space governance displays structural characteristics of a polycentric system, it lacks the emergence of normative... Read more
Key finding: The article applies the civil law concept of negotiorum gestio (voluntary management of another's affairs) as a potential legal basis for planetary-scale cooperative actions such as debris mitigation and planetary defense.... Read more
Key finding: This article highlights an emergent legal challenge concerning the regulation of space waste not only in Earth orbit but also on celestial bodies. It underscores the increasing risk that unregulated space waste generation... Read more

2. What are the governance structures, institutional roles, and political factors influencing the development of cohesive and adaptive space law in light of emerging multi-actor space activities?

As space activities diversify with increasing private sector involvement, rising commercialization, and multi-national collaborations, space governance systems become complex, necessitating adaptable institutions and governance mechanisms. This theme explores how hybrid organizations, bilateral agreement sequencing, and political asymmetries affect institutional coherence. It also addresses challenges of multilateral inclusivity, the evolving interplay between national and international regulations, and the limitations of existing treaty frameworks in accommodating new actors and activities such as space resource utilization and space tourism.

Key finding: Through network analysis and interviews, the paper demonstrates that the European Space Agency (ESA) acts as a hybrid organization bridging otherwise fragmented clusters within the global space governance ecosystem. ESA's... Read more
Key finding: Analyzing over 287 dyads in space governance, this study finds that the sequence of legally binding and non-binding bilateral agreements is influenced by power asymmetry and trust levels between states. States may start with... Read more
Key finding: This article assesses how traditional 1960s-era space law frameworks are strained by rapid commercialization, increased lunar exploration, and the emergence of commercial activities such as space mining and tourism. It... Read more
Key finding: Focusing on U.S. regulatory fragmentation, the paper proposes increased proactive personnel exchanges across agencies regulating commercial space activities as a pragmatic way to prepare for anticipated governance... Read more
Key finding: This analysis emphasizes the political exclusion of Indigenous peoples, low and middle-income countries (LMICs), and marginalized groups from international space governance and decision-making. It argues that this exclusion... Read more

3. How do foundational legal principles and philosophical perspectives shape current and future outer space law regimes?

Foundational legal concepts, historical precedents, and ethical considerations underpin modern space law, influencing treaty interpretation, sovereignty notions, and responsibilities for environmental stewardship. This theme covers the role of Roman law concepts and natural law foundations in contemporary treaties, the historical evolution of space law informed by early 20th-century legal scholarship, and emerging normative debates on humanity’s cosmic footprint. It includes philosophical critiques of space exploitation paradigms and integrating intergenerational ethical responsibilities into governance.

Key finding: The article reveals that foundational principles of space law were influenced significantly by early 20th-century legal scholarship and that the launch of Sputnik in 1957, while catalytic, was not the sole driver of legal... Read more
Key finding: This paper critiques dominant space exploration narratives from a political theory standpoint, distinguishing between 'space pessimists' and 'space neutral' critics while proposing a dialectical alternative that opposes... Read more
Key finding: This work emphasizes humanity’s growing and potentially irreversible impact on celestial environments, calling for the formulation of ethical principles and governance mechanisms that reflect intergenerational responsibility... Read more
Key finding: Through a novel framework dubbed the "NMC Concept" (natura, moribus et consuetudines), this article proposes organizing cosmic legal space according to natural, moral, and customary factors, delineating 'domestic' and 'alien'... Read more
Key finding: This study interprets modern outer space law through the lens of Roman law doctrines such as res nullius and res communes omnium, illustrating how these ancient concepts influence the principle of non-appropriation... Read more

All papers in Outer Space Law

Actualmente es innegable que vivimos en un periodo de sobreexplotación y escasez de los recursos naturales en nuestro planeta: sobreexplotación, porque nuestro ritmo de uso y consumo de estos materiales es mucho mayor a su tasa de... more
Mars in unearthly, unchartered, unknown & yet attracts all of humanity. The hazards of the endeavor are overwhelmed by the hype & hope surrounding the enterprise. A variety of individuals, private companies, commercial firms and national... more
Outer space has become a contested, congested and competitive domain with an ever growing importance to life on Earth. Recently, an increasing number of new players have entered the space arena. Slovakia has also stepped up its space... more
The Earth's orbital space is increasingly threatened by debris. It is frequently described as a common-pool resource vulnerable to a 'tragedy of the commons' scenario. Scholars have suggested ambitious policy proposals to tackle the... more
Economically profitable resource exploitation in space is becoming increasingly feasible as more actors - national, public and private-are engaging in space exploration. The Outer Space Treaty (OST), which serves as the basis for the... more
Space Traffic Management (STM) is being developed to deal mainly with the problems of satellite operations and space debris. Therefore, it is currently being examined separately from air traffic management (ATM). However, the advent of... more
As recent events prove, the creation and use of works in outer space give rise to practical issues of copyright law. This article examines whether Earthly copyright law applies to matters that take place in outer space and, if so, which... more
This paper discusses the legal framework for the resolution of disputes arising in outer space. The paper reviews existing national and international laws relating to dispute resolution, including the
Astropolitics is the analysis of international and transnational space policies. It integrates classical geopolitics, expands it to new dimensions, and opens up theoretical windows on the “final frontier” of civilization.
This paper presents the essential elements of salvage law for outer space. The author introduces the topic by explaining how salvage law could alleviate the problem of space debris and promote economic use of inoperative space objects.... more
It is the eve of outer space development, but few people are aware of this. In the absence of awareness, people cannot prepare for the opportunities that will arise; and so the vast wealth likely to flow to Earth from outer space will... more
How will extraterrestrial operations be governed? So far, trips off-planet have been temporary. As humans move farther out into space, some are going to stay there. They will live, have children, age, and die. They will do this in... more
КОНЦЕПТУАЛЬНЫЕОСНОВЫОБЩЕГОНАСЛЕДИЯЧЕЛОВЕЧЕСТВА Цель данного исследования состояла в обзоре концептуальных рамок общего наследия человечества, с помощью которых можно понять философию этого понятия и буквальное значение термина общего... more
Space is a metaphor for the future. Outer space is not just void beyond earth's atmosphere, but an arena for ceaseless human evolution. When through human industry a small round metal object was shot into space for the first time, a rare... more
U.S. legislation that includes homesteading/real property rights, salvage law and mining law for outer space.
General Rafael Reyes Prieto, reconocido y categorizado en (A1) por COLCIENCIAS, con el código COL0104976. 1. Manfred Lachs fue un escritor, educador, diplomático y jurista polaco que influyó profundamente en el desarrollo del Derecho... more
Considering the worsening climate change, in the future outer space might be our last Noah’s Ark. Now, humans must look to space as an opportunity to support growing resource requirements. Asteroids are rich in metals, which could be... more
Office Location: Elm-M-01 in the Centre for Teaching and Learning (b/t TCT Theatre and Classroom 16) Office Hours: Mondays 10:30-12:30 and by appointment Email Address: catherine.sanger@yale-nus.edu.sg
The purpose of this research is to provide a comprehensive international legal analysis of the concept of common heritage of mankind as it exists in international space law. In this article scientific methodological approach was used... more
This article, published originally in the Oxford Research Encyclopedia of Politics, introduces the space policy of the European Union. It provides an overview of what the EU space policy is and how it developed. In addition, it offers a... more
“Space: The Final Frontier.” While that phrase has been a call to arms for generations of science fiction fans and space enthusiasts to look up at the night sky in wonder and amazement, it has increasingly become a siren call for private... more
Following Dennis Tito's flight to space aboard the Russian Soyuz capsule in 2001, suborbital has become a new form of commercial activity. Fueled by an eager public and decreasing prices, the industry is rapidly expanding. Because the... more
Since World War I, the accepted principle has been that countries can direct flight over their regions or regional oceans. Apparently, nobody was genuinely worried about satellites and space vessels when the different traditions tending... more
ÖZET Uzayın ve uzay faaliyetlerinin hukuki rejimi, gerek uluslararası antlaşmalarla gerek Birleşmiş Milletler Genel Kurulu İlkeleri'yle ortaya konulmuştur. Ancak mevcut hukuki rejim, uzay teknolojisinin gelişmesiyle birlikte, yeni kavram... more
This chapter offers a detailed analysis of a very fashionable subject: space tourism. Virgin Galactic and other companies have developed prototypes of spacecraft able to navigate in the airspace and outer space for pleasure or recreation.... more
The Moon and Near Earth Asteroids (NEAs) are increasingly gaining attention as sources of raw materials.1 They might be able to satisfy growing needs of the humans, while the limited amount of natural resources on Earth is steadily... more
New technology is always considered as the boon for development of mankind. With advancement of technology, our civilization also advanced and so did the rules, norms and obligations which restrict technology only for welfare and... more
NOTE: This is the self-archive version of the chapter "​​Why Space Migration Must Be Posthuman" in the book "The Ethics of Space," edited by Schwartz, J., Milligan, T., published by Springer, Vol. 8, 2016, pp. 137-152. ISBN:... more
Focuses on the concept of Space Traffic Management (STM), the matter which has been of high interest for many space actors in the last three decades. With the emergence of the NewSpace era, and flourishment of commercial and economic... more
The study is intended to pursue already developed research work by the team about space security in a context of emergence of new actors in this field with a direct effect in international relations. This particular project will focus on... more
"The idea of the oceans as the new, seventh continent was popular in the mid 1960s. Starting in 1965 and lasting until 1980, more than 65 of these habitats were built all around the world by industrialized states. This has led to the... more
This is a paper for the book "Moving to Mars: Design for the Red Planet" in conjunction with the homonymous exhibition at the Design Museum in London in 2019. The book is edited by  Andrew Nahum and Justin McGuirk.
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and other Celestial Bodies 1967 (The Outer Space Treaty) merupakan perjanjian yang dibentuk oleh negara – negara peserta... more
The OASIS concept is represented in the cover artwork and logo. Within the logo are the nodes representing the spaceport way-points. It was inspired by the skipping of stones across a body of water, representing stepping stones throughout... more
Psychoanalytic theory is often wrongly accused of being a ‘humanism’ and therefore not capable of addressing the new conceptual challenges that the post-human, post-apocalyptic, post-Anthropocenic era may present us with. The persistent... more
The Project Icarus Study Group’s objective is to design a mainly fusion-propelled interstellar probe. The starting point are the results of the Daedalus study, which was conducted by the British Interplanetary Society during the 1970’s.... more
Psychologists have been called upon in recent years to look into the psychological effects on humans, after being in space for prolonged periods, as both government and private corporations work towards making the idea of living in space... more
This article traces parallels between James Cook’s 1768 Endeavour voyage to measure the transit of Venus and current initiatives searching for extraterrestrial intelligence (SETI). While separated by vast time and space, both are united... more
Le droit et l’astronomie apparaissent au premier abord contradictoire. En effet, réconcilier science humaine et science exacte semble tenir de la gageure. Cette entreprise est néanmoins réalisable. Heureusement, car à l’impossible, nul... more
Activity in space has so far been confined mostly to the Earth's orbit. Man-made objects' travel and presence in deep space beyond Earth's orbit has been seldom and limited to scientific excursions. But this is about to change due to... more
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