Did you say “space law”?!

Photo: UN Photo, UNOOSA

When I talk to people about Space Law, usually their first reaction is: “Wait a minute, did you say space law? I mean, space?” pointing to the sky with a finger, E.T. style.

So, what is space law and when was it born?

It is a relatively recent branch of international law, developed under the pressure of technological and scientific progress.

The beginning of the space law era is generally traced back to 1957 and the launch of the first artificial satellite into outer space by the Soviet Union. However, the jurists' reflection on the matter began well before that historic event.

Surpisingly, the first reference to space law dates back to 1910! It can be found in a short commentary on air law. The author is the Belgian jurist Emile Laude, who brought attention to the fact that the atmospheric and extra-atmospheric environment, being different in substance, required different forms of regulation.

What is it about?

Space Law is generally described as a body of law that governs activities relating to outer space. Just like general international law, it includes a variety of international agreements, treaties, conventions, and UN General Assembly resolutions. In addition to these international instruments, many states also have ad-hoc national legislation.

Its sphere of application includes the cosmic environment, celestial bodies, activities related to the exploitation of space, the technology that makes them possible, as well as the results of these activities. 

In particular, it concerns issues such as the safeguarding of the space and terrestrial environment; liability for damage caused by space objects, or their components, on earth; the resolution of disputes arising from the practice of space activities; the rescue of astronauts; sharing of information on any dangers encountered in outer space; the use of aerospace technologies and international cooperation. It also concerns the methods of exploration, use and protection of the cosmic space.

In other words, it concerns technological progress and political dialogue between nations in carrying out activities related to the exploitation of space.

Who is involved?

From 1957 until today, the nature of space actors has greatly changed.

At first, the absolute protagonists were the States (specifically, the United States and the Soviet Union) and space activities were governed by purely public and political interests. In the 1980’s things began to change.

The new, unprecedented possibilities of the space economy eventually started attracting the interest of individuals, due to the huge profits that can be made from conducting space activities. Big or small companies and start-ups, all armed with great ideas and the courage to jump into space!

The space industry is now set to become a key sector in the 21st century, and it is on its way to become an ever-greater part of the world economy, while its profit margins are typically astronomical. Thus, the primary aim of the space law is to ensure a climate of peaceful cooperation between states and companies, within which space activities can be carried out.