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Exploring the Law of Outer Space 🚀

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LAW

Exploring the Law of Outer Space 🚀

How do we govern outer space? Whose rules apply? The law of space is becoming increasingly important, especially as the UK is currently (as of January 2025) home to two active spaceports.

Dance Space GIF

In the early days of space exploration, launches were carried out by countries rather than private individuals. The Outer Space Treaty (internationally agreed law between over 100 countries) was created in 1967 to promote the peaceful use of space. At the time, as Russia and the USA competed to reach the moon, preventing war in space was a global priority. Today, private companies are using space for commercial purposes, including satellite communications and space tourism.

💡 Things to consider

  • How does space law apply?: A spacecraft falls under the jurisdiction (legal system/authority) of the country where the launch takes place. This is similar to aviation and maritime law, where vessels are governed by the country whose ‘flag’ they carry. While space law is mostly international, each country must implement it through domestic laws. In recent years, the Outer Space Treaty has been criticised for being too broad, allowing countries significant flexibility in how they interpret and apply its rules. Do you think space laws should be more specific?

    Reviews Criticize GIF by Hope Productions

    If the Outer Space Treaty were a person

  • What does a space lawyer do?: UK space law outlines the processes for licensing spacecraft and launch sites, with lawyers ensuring companies comply with regulations. Space lawyers may also work on business deals, such as mergers, as international space companies seek to enter new markets. Many traditional areas of law, such as contract and real estate law, are now being applied to space activity, modernising the role of lawyers.

  • What about climate change?: Operators must complete environmental assessments before beginning space activities. One of the first space cases involved a dispute over planning permission for a spaceport in Scotland. The court ruled that enough assessments had been carried out, allowing construction to proceed. However, with the UK’s net zero targets, will environmental standards for space activity become stricter in the future? How should we strike a balance between innovation and environmentalism in outer space?

🔎 Find out more

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That’s it for this week! We’d like to thank this week’s writer: Toby Kelly-Simpson.

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