Handbook of Space Law

Space law is defined as ‘the body of law applicable to and governing space-related activities’ by the United Nations Committee on the Peaceful Use of Outer Space (COPUOS).1 Its primary goal is to ensure a rational approach to the exploration and use of outer space. In order to achieve this goal, space law addresses a wide range of substantive matters, including, but not limited to, military activities in outer space, the preservation of the space-Earth environment, allocation of radio frequencies and geostationary slots, the rescue of astronauts, liability for damages caused by space objects, human space travel, the export control of space-related technologies, international space cooperation, and the settlement of disputes. Whereas the term ‘space law’ is most often associated with the five international treaties and five sets of principles governing outer space, which have been elaborated under the auspices of the United Nations,2 it also encompasses national laws, rules and regulations, executive and administrative orders, and judicial decisions. The last decade has witnessed the proliferation of national space legislation.3 A major impetus is the commercialization and privatization of space. Existing international space treaties, made at the time when most space activities were conducted by States, are essentially State oriented. Nevertheless, the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies obliges State parties to bear international responsibility for national activities in outer space, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the Treaty. In addition, the activities of non-governmental entities in outer space shall require authorization and continuing supervision by the appropriate State party to the treaty.4 National space legislation has been created for the purpose of exerting control over private activities in outer space. Another impetus is the recent leap of space science and technology, which has given rise to a series of new issues waiting for legal regulation, such as those associated with space tourism, three-dimensional printing in outer space, and the commercial mining of celestial bodies for natural resources. With international space legislation in stagnancy, national space legislation is made to address such new issues arising therefrom.