International Law in a Commercial Space ‘World’: Historical Lessons and Future Development

The international legal regulation of outer space was founded on an assumption that space was (at that time) a new frontier that would enable a far broader range of activities, both ‘terrestrially’ and in space itself, by those who were able to develop space capability. Given the historical geopolitical context within which the fundamental principles governing the exploration and use of space were developed, space capability was initially viewed by many as a military and strategic issue, and indeed that remains the case today. However, space is far more than this as well—its multifaceted nature encompasses among others science, exploration, culture, economics, religion, human development, and, some would say, even the future of humanity. Space has also become a highly commercial area, with the global space economy, already in pre-COVID times but even more so now, growing at multiples several times that of the world economy. The expertise, initiative, entrepreneurship, and ambitions of the private sector, coupled with the increasing ‘dual use’ nature of space, open up a broad range of new possible activities that might change with way we view and interact with space, and will certainly impact on how we are to govern space. This chapter examines the development of commercial space activities within the context of the fundamental international legal principles that regulate the exploration and use of space and suggests some overarching considerations that should inform how we continue to develop appropriate and practical frameworks to shape behavior so as to best assure the ongoing safety, security, and sustainability of space.