A new era of space law: future challenges of globalization and commercialization in spaceflight

Abstract

The current space law consists of the five international treaties at the core. It is also complemented by relevant resolutions, regional or bilateral treaties and customary international law, as well as legislations and practices of States and intergovernmental organizations as subsidiary means for the determination of rules of space law. The fundamental legal framework of space law is composed of five international treaties (namely the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1971, the Registration Convention of 1976 and the Moon Agreement of 1979), and five sets of principles governing outer space. Outer space including the Moon and other celestial bodies are global commons. Space law and the law of other global commons, such as the high seas, the International Seabed Area and the Antarctica, share the common character of obligations erga omnes. Interests deriving from the global commons belong to and shall be shared by all States and all mankind, with due regards to the need of future generations. They shall be free for exploration and use by all States. But it shall not be neglected that all States have the shared obligation to protect them. With regard the development of spaceflight, this mission became a complex task with many interacting systems and mission phases, and the private sector is working hard to became increasingly competitive in this new adventure into outer space.