Private Actors in Space

The cost of going to space is expensive.

Space activities require large sums of money and this fact was realized from the very beginning. As a result of that unquestionable fact, a general principle under the existing space law treaties is that State responsibility attaches to all national space activities, including space transportation. A second realization was that these “State” responsibilities would most likely be carried out with public funds by States as opposed to private entities. We now know that private funding can and does play a major role in space activities and these private interests will seek an ROI as soon as they are able.

While space technologies are rapidly changing, (SpaceX, Virgin Galactic and Blue Origin for example) the space laws we have are not. The basis for our current space law is still set by the Outer Space Treaty some 50 years ago. Current space law shows strong traces of its emergence in the Cold War era and is still characterized by a primary focus on States as actors in outer space, leading to a situation where the growing need for effective mechanisms to regulate the activities of non-governmental, private actors is not being met.

This is an area of space law that needs to be developed quickly.

Another issue is that it has become evident that technological development at the State level has not always been preceded or followed by applicable space laws.

China for example has achieved great things[1] since the inception of their space efforts in the 1950s and though these space activities have developed very quickly, in comparison, space law has developed relatively slowly. “Many of their activities are regulated by ministerial regulations and regulatory documents that need to be systematized and codified further.”

Another example is Pakistan.

Pakistan was among the first 10 countries to start a space program but has not enacted space laws. Pakistan’s SUPARCO (Space Upper Atmosphere Research Commission) does not have the constitutional or legal mandate to regulate and control national space activities. Pakistan's space future depends upon the creation of an effective and comprehensive legal framework for governing space activities.[2]

[1] Li Juquian, in Space Safety Regulations and Standards, 2010

[2] Pakistan Space Programme and International Cooperation: History and Prospects Miqdad Mehdi, Jinyuan Su, in Space Policy, 2019

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