Space, the final legal frontier: a look at legal impediments to the increasing commercialisation of outer space

Abstract

Interest in outer space has seen a recent revitalisation and now more than ever is a controversial and popular topic. This dissertation explores the law of outer space in relation to current and future outer space commercial operations-focusing particularly on the legal impediments thereto. In depth analysis of the development and status of current Outer Space Law will be undertaken considering the contextual history which resulted in the state-based approach currently observed. This analysis will consider broader treaties (UN) as well as country specific legislation. Current commercial operations being undertaken in space will be explored along with any interactions the industry has with the law of outer space, considering where concerns and frictions are occurring. The nature of commercial operations in space is rapidly changing. Increasingly the emergence of private entities dominating the space sector is being observed. Moreover, the type of activities being undertaken are changing. These likely developments will be presented and analysed relating to the developing science and technologies as well as the developing commercial needs which may dictate changes and emergences. Specific likely emerging commercial activities–such as space tourism and resource extraction–will then be contrasted with current law to see if they are currently catered for and if any friction could possibly occur in their development. The manner in which arising issues could be worked around within the scope of current law as well as opportunities, solutions and suggestions for amendments will be discussed. Furthermore, the potential for developments in the law that could ease/hinder these commercial developments will be examined