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INTERNATIONAL SPACE LAW: REGULATING COMMERCIAL ACTIVITIES AND
PREVENTING MILITARIZATION
I. Foundations of international space law
A. Customary international law in space
Customary international law serves as a major source of space law especially in those facets that
lack express provisions in treaty law. Wilson (2020) opines that while technology is advancing in
space explorations at a very high rate, the development of international legal instruments is
relatively slow; thus, traditional law becomes suitable for handling emerging matters. These
characteristics of space activities impose the need to have a rather fluid legal environment that
can respond to emerging issues. However, as rightly pointed out by Bhat (2022) the
identification and application of customary law in the space domain is somewhat
disadvantageous because of the limited subjects participating in space related activities and even
these activities are comparatively recent phenomena. This casts doubts on the universality, and
more importantly the representative of assumed customary norms. Also, there is a possibility that
this environment causes some of the principles of the customary law that has been developed in
the terrestrial environment to be inapplicable. Based on his findings, Abeyratne (2020) concludes
that it is imperative that the emergence of adapted customary norms for space focuses closely to
the technical and functional characteristics of space endeavors. He underlines that though the
earthly principles are helpful in initiating this kind of work, different principles should be applied
as adjusted to the microgravity, vacuity, and distances of outer space. These factors make it
necessary that there is formulation as well as application of customary law in the context of
space that requires a special approach. However, customary international law continues to play
an important part in the structure of space law to this day. It offers the basic framework for
dealing with matters like the proliferation of space junk, atomic energy systems in space, and the
prevention of interference with celestial objects by infectious material (Chang, 2020). Thus space
debris remains a serious threat to the present and future space activities; making the production
of proper customary norms in this field inevitable. Furthermore, the application of nuclear power
sources in the space environment as long-duration missions’ energy source has its benefits but
has some risks that need to be mitigated through an effective legal regime. It is evident that,
customary law is important in setting framers for the legal use of space and its conservation.
B. Key treaties and agreements
The basis of international outer space law is realized through certain conventions that formulate
the main guidelines of space activity. The OST served as the foundation of this legal framework;
it includes the principle of non-appropriation of space objects and the use of outer space for
peaceful purposes according to the OST (Chang, 2020, p. 167). The author, Abeyratne (2020),
highlights that the OST’s general principles are fairly unambiguous and contain several
principles giving a nod to a plethora of issues that simply could not be foreseen during the OST’s
creation. However, the aforementioned treaty is also general when it comes to actualizing some
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of the modern day concerns such as commercial space activities as well as space resource
exploitation. Following letters include; the Rescue Agreement, Liability Convention, and
Registration Convention which worked to provide further definition to and expand on the OST.
They thus constitute a body of international rules as well as regulations through which a broad
spectrum of social relationships is regulated; including the safety of astronauts and also liability
for space damage. For instance, the Liability Convention stipulates the conditions of liability of
the launching states for the damage caused by their space objects, the Registration Convention,
in turn, increases the transparency of the space activity by providing for the obligation of states
to register their space objects with the United Nations. However Adams and Kallio , in their
paper published in January 2022, suggested that the exact treaty regime that has been put in place
may not be adequate to meet new demands that are being posed by commercial space ventures,
especially in relation to utilization of space resources and/or ownership of property in outer
space. This has resulted in demands for new kind of international treaties and the amendment of
the current ones. Such considerations as asteroid mining and lunar resource utilization being
envisaged require more defined legal frameworks that will help in the creation of equitable and
sustainable space resource utilization. Some of these concerns has been attempted to be dealt
with through the signing of the Moon Agreement of 1979 though the agreement has been ratified
by few nations illustrating the challenges of obtaining a consensus to create new instruments of
space law (Yamamoto, 2022). It attempts to control the commercial utilization of the lunar
resources; by proclaiming the Moon including, all the natural resources found therein as the
common property of mankind and hence the need for an international regime for the
management of the common heritage. However its limited scope shows the difficulty of; uniting
the various nations’ interests and goals in the sphere of space law.
C. Principles of space exploration
The principles regarding space exploration; encompass the ethical and legal frameworks that
contain space ventures. Chang (2020) lists principles such as the use of outer space for peaceful
purposes for the whole of humanity, cooperation in space research in the terms of the UN
Charter, and the conservation of outer space as the realm of the entire human race. The principles
of non- armoring outer space and prevention of an arms race in space, elaborated in the OST,
hailing space as international territory. In this case, the OST has played a crucial role in setting
the stage on which the space is depicted as area not subject to claims of sovereignty and used
exclusively for peaceful intentions. But the principles enumerated above are sum of opinion and
became questionable when looking into the circumstances that world and commercial sectors are
showing more interest in space resources. The principle of non-appropriation, although a
cornerstone of space law, has to be revisited ESBA al Bhat (2022). Today’s advancing space
mining technologies and business initiatives stand for. Technologies that enable extraction of
resources from Asteroids or the Moon have a conventional understanding of Space that prohibits
ownership of any outer space resources. This has given rise to discussions on how to; balance
commercial interests for the exploitation of resources and the non-appropriation principle; where
the benefits must reflect humanity’s collective good. The principle of peaceful uses of outer
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space has also been under some pressure, which, among other things, is due to the fact that many
objects invented for use in space have military applications as well. According to Jenkins (2022),
this element has been used to militarize space given that the phrase ‘peaceful purposes’ is rather
unclear. This issue is well illustrated by states developing Anti-Satellite Weapons as well as
developing other space-based systems for defense purposes which in actuality advance the
weaponization of space. The interpretation of the term ‘peaceful purposes’ needs enhancement of
the rules which will ensure that other military exercises in space do not intensify. Moreover, the
principle of cooperation is most definitely recognized by everyone, yet the problem is that it is
interfered with by national security demands and commercial rivalry. Abeyratne (2020) posits
that, managing these conflicting interests alongside the core values of space exploration will be
the major consideration for the global society in the decades to come. Collaboration and sharing
of resources in space activities serve to enhance the acquisition of scientific information and
proper utilization of space; however, egoism, security issues for a country, and the quest for
business opportunities hinder collaboration.
D. UN Committee on Peaceful Uses of Outer Space
The United Nations Committee on Peaceful Uses of Outer Space (COPUOS) is currently at the
center of international space law and their formation. COPUOS was formed in 1959, and acts as
the central platform of collaboration between countries endowed with intergovernmental affairs
that concerns outer space. Douglas (2020) describes that the committee has played a major part
in the formation of space law, notably, in drafting the five principle international space
conventions. These are the foundation of the international space law and discuss topics such as
non-claiming space territory for sovereignty, responsibility in regards to activities conducted
beyond space, and identification of any space object among others. Nevertheless, the efficacy of
COPUOS in dealing with the modern issues has been in doubt. The consensus-based decision-
making process in the committee may be beneficial to the insiders’ involvement but
disadvantageous in terms of timely action on critical matters like space debris removal and
liberation of space’s commercial activities. Herman van Rompuy also deciphers that due to the
requirement of consensus among the member states, often decisions are thwarted and watered
down, and critical actions do not get implemented at the right time. This slow efficiency has
some disadvantages especially when considering the new progress that have been made in space,
and the accumulation of debris in orbit around earth. The fact that this committee is separated
into legal and scientific sub-committees seems to efficiently cover both the technical and the
legal aspects of space activities. Still, Abeyratne (2020) noted that this distinction results in a
disconnection between scientific evidence and the legal systems at times. For example, while the
scientific subcommittee may find out that addressing some technical issues is very urgent, the
legal subcommittee may find it hard to come up with appropriate legislation on the matter with
some level of urgency because issues to do with international law and the interest of the member
states may complicate the development of the legislation. COPUOS has also come under
criticism; concerning the underachievement of the organization in implementing its guidelines
and also recommendations. The primary activity and decision making of COPUOS does not have
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the means or the power to coerce states to follow or threaten them with sanctions. This has
provoked debates in effort to call for stringent measures towards implementation of international
space laws and due responsible conduct for space activities.
II. Commercial space activities regulation
A. Licensing and authorization procedures
Licensing and authorization procedures are an essential part of the COG Jing for the
management of commercial space activities acting as the key instrument by which a state can
exercise control within this sphere over private entities. According to Beck (2020), licensing
policies play an important role in adhering to the international standards and at the same time
promotes innovation and development of the space market. Such procedures tend to involve the
consideration of various technical and financial aspects of proposed space activities as well as
safety requirements the companies are supposed to meet before they commence their activities.
However, Park (2020) established that licensing procedures may be time-consuming and
complicated in some legal systems, which hinders new space firms’ entry, thereby slowing
innovation. It is also critical to mention that lengthy and cumbersome procedures may negatively
affect the startups and other smaller-scale enterprises’; willingness to join the market and thus
either enhances the sector’s dynamism or contribute to the advancement of space industry. This
has also culminated to a call for the implementation of lean processes; that would enable safety
measures to be upheld without bureaucracy. Suggestions are as follows; streamlining processes
and procedures involved in applying for a grant, shortening times taken in processing the grant
applications, and giving applicants more clear information on the grant. The issue is to find
where to draw the line, how much regulation is needed to prevent manipulations and how much
freedom should be allowed to the commercial companies. International authorities and
legislatures must maintain space activities to be conducted safely ad responsibly while not
coming with unreasonably restrictive measures that could hamper development of the industry.
To avoid cases where firms choose jurisdictions with favorable regulations mainly aimed at
skewing the competitive field, there is a question of regulatory arbitrage that Abeyratne, 2020
observes in relation to alternative licensing procedures across various national jurisdictions.
Different national regulations give firms’ incentives to operate in the locations where regulatory
constraints are less restraining, which thwarts worldwide safety and sustainability aims. In
addition, the licensing of the commercial space activities is highly delegated due to the fact that
such activities are more diverse including satellite communications and space tourism among
others. Due to the dynamism of space business, regulating agencies have to be up-to-date with
technologies and new trends in the industry. It is necessary further for the licensing regimes that
they should be more flexible and more performance based rather than proscriptive to meet the
dynamic and fast growth of technology used in space industry as mentioned by Adams and
Kallio (2022). What this allows is for the regulator not to dictate how exactly certain processes
have to be done while still being able to maintain the desired level of safety and compliance as
well as promote and encourage innovation in the process.
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B. Liability and insurance requirements
Liability and insurance issues are therefore the critical factor in; regulating risk in the field of
commercial space activity as well as determining the appropriate compensations for possible
harm. Fowler (2019) has also supported his opinions, insisting on the fact that the potential risks
in space operations remain high due to their specific character, as well as the fact that damages in
this sphere can be rather catastrophic. The specific hazards include launch mishaps, orbital
conjunction, and re-entry mishaps the impact may be measured in term of monetary losses,
damage to space and surface infrastructure. International law in space is first codified in the 1972
Liability Convention which provides the framework by which launching states are held legally
responsible for the harm to space objects belonging to another state. But its use to complicated
commercial cases is still limited. Stevens (2022) claimed that relevant CASs have to face the
difficulty in expanding commercial space business of a more complicated proportionate liability
regime, including in-orbit collision, damages to space debris, and third-party liabilities. Many
special areas of space activities are new, and this means the absolute necessity of changing the
structure of coverage to modern needs and demands, as the current risks differ from the initial
perspective of the creation of the Law. Controversies have continued to rise on how risks should
be split between private operators and states especially for activities conducted under the states’
authorization. Trying to understand to what extent state is responsible for the outcome and to
what extent private operator should be held liable is not an easy task and becomes even more
complicated as activities are carried out in several jurisdictions. Legal demands for insurances
act thereby as an essential management shield, by offering the required monetary security and
encouragements in case of an occurrence of an incident. Thus, the problem is that the costs of
obtaining insurance and its availability are relatively low, which could be especially problematic
for smaller companies. The market of space insurance provides relatively high premiums and
restrictive conditions of insurance, which correspond with the high risk level of the space events.
According to Abeyratne (2020) in the field of insurance it may be necessary to turn to parametric
policies or industry-wide pools as a way to address emerging risks of commercial space
activities. Instead of assessed losses, which are the actual damages a company has experienced,
there are ‘parametric policies’ that provide diaphanous compensation for things such as storms or
hurricanes. Several insurance pools at an industrial level could share the risks and therefore the
burden among all the stakeholders involved.
C. Resource extraction and ownership
One of the most current and disputable topics in the current space law is the problems of
resources utilization and belonging that pertain to the Outer Space Treaty’s non-appropriation
principle. According to Shah (2020), there is social legal realism concerning property rights of
space resources hence a major concern for companies that intend to invest in space mining
business. Although there are national legal acts regulating the private rights of space resources
extraction and ownership elaborated in the USA and Luxembourg, the international ownership of
space resources remains questionable. Adams & Kallio (2022) note that there is a rather poor
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definition of how space resources should be used for the benefit of all countries and without
creating problems for others, which makes it necessary to make new agreements as to the
management of space resources. Nevertheless, it is rather difficult to reach consensus on such a
framework while there are disagreements as to how to pursue the business agenda alongside the
idea of the space as the common heritage of mankind. This has consequently resulted in a
fragmented legal structure regarding national laws and regulations, which have not been
standardized and thus increases the occurrence of issues and litigations. Hamilton (2020) has
claimed that use instead of appropriation might be something that would allow resource
extraction while still respecting the OST. This might imply the possibility for the natural
resources therein to be exploited and used without flouting the tenet of non-assertion of national
sovereignty. However, the system for distribution of these resources is still questionable
concerning its fairness for the non-spacefaring states. One of the question that has not been
answered yet is who will be the owner of space resources once they are mined: select group of
developed countries or the whole world. Abeyratne (2020) posited that there is absolutely a need
to create bio-mechanism that ensures that commercial interests do not thwart human welfare as
far as space is concerned. Such models may include; self-regulation mechanisms such as;
international cooperation, benefit sharing, and legislation that enhances commercial and public
value. The more the technologies used in mineral mining in space evolve, the higher the chances
that the international community will be pressed to devise a framework for the regulation of the
same. The requirement for COCOBOD to have structures that will promote balanced between
generation of innovation and meeting the public interest will be very vital for the future
development of space law and policy.
D. Satellite deployment and management
The modulation of satellites and their positioning in space has always been a challenge and a
necessity due to the ever-growing crowd in space. According to DeVries (2022), the increasingly
large number of satellites especially in LEO has led to concerns such as space debris pollution,
crowding in orbits as well as collision with astronomical objects. These are some of the hurdles
that good regulations on Satellite deployment have to overcome while facilitating growth of the
satellite based services. Today’s regulations on space debris and satellite end-of-life management
are inadequate; Nelson (2019) asserts that there should be stricter and compulsory regulations.
The tone, therefore, must rise in line with the increasing volume of orbit debris in order to
protect on-orbit assets and future space missions, adequate awareness needs to be created on
debris generation and controlled disposal. Another complex question which relates to regulation
is the problem of; spectrum distribution and also administration, concerning satellite
applications. The author Abeyratne in his work published in 2020 observes that with the current
trends in demand for satellite based services, there is competition for the scarce orbital positions
and the available radio frequencies hence there is need to improve on the rationality of the
allocation of these scarce resources. . The system of using the traditional Channel Number
Assignment that avails a channel to the caller depending on the order the button was pushed is
becoming inefficient in today’s technological world because it needs to be complemented with
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more efficient methods in order to serve more people fairly and efficiently in the management of
the electromagnetic spectrum. Moreover, small satellites, and especially mega-constellation
systems have thereby created new types of challenges to the traditional regulation approaches;
stemmed from large and expensive satellites. These new satellite types tend to last for relatively
a shorter period and are frequently launched in large numbers to form constellations, and this
makes it difficult to regulate, control, avoid congestion, or even reduce the chances of collision
in orbit space. Hoping that the future will bring more complex legislation in the ST area;
Bradleynotes (2023) that the new legislation for Space Traffic Management may have to
incorporate satellite deployment and debris mitigation as well as collision avoidance strategies in
a single concept. While satellite technologies are progressing further and further, authorities have
to decide: on one hand, promoting innovations and market opportunities, on the other – ensuring
proper space environment that will be safe for all users. This balance can only be achieved if the
regulation anticipates the development in these areas and at the same time, guards Earth’s orbital
space environment from being rendered unusable or useful only for limited purposes, by
uninhibited space activities. To achieve these targets, a robust system of international
cooperation and harmonization of the regulations effectively will be rather crucial conducive to
the success and proper development of space industry.
III. Militarization prevention in space
A. Anti-satellite weapons prohibition efforts
Attempts at banning anti-satellite (ASAT) weapons have become more intense as the occurrence
of space-based threats increases. Writing about ASAT Weapons, Barnes (2019) pointed that
ASAT Weapons development and testing endanger the permanent sustainability of space
environment mainly due to the generation of debris that threatens all space property. The global
society has attempted to tackle this matter through treaties and other non-binding rules that have
been made. Nonetheless, according to Vargas (2020), such advancement has been restricted by
the application of most of the space technologies both as civilian and military uses. The recent
ASAT test conducted by China in 2008 and India through the Mission Shakti demonstration in
2019 has pointed that there is more development on this technology. Gibson noted in this article
working published in 2021, that there is still no all-encompassing prohibition on ASAT weapons
testing and use, which the author considers as significant legal vacuum in regulation of space
security. Some countries have suggested that new kinds of moratoria on destructive ASAT tests
are useful as a short-term measure; however, the quest for gaining compliance from all countries
has not been easy. According to O’Connor (2021), future attempts to address the ASAT threat
may have to be oriented on clearly specified actions that require confirmation that defined means
and ways shall not be employed. This approach could include; some limitations on programs of
orbital debris-producing exercises. Thus, along with growing defense and security values of
space assets, the equilibrium between a country’s needs and the common interest of all states in
maintaining the space environment free from military activities remains a major factor in
addressing militarization of space. Only further attempts to set standards and codified rules that
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would allow containing the use of ASAT weapons and regulating activity in space responsibly
will be helpful. The cooperation and dialogue on the international level will become the
significant factors in the further promotion of such objectives and keeping space a conflict-free
area for the entire people.
B. Dual-use technology challenges
Due to the fact that most space-related technologies have civil and military applications, the
attempts to avoid the militarization of outer space remain problematic. As Berger (2021) points
out, space assets – including satellite servicing capabilities or space based sensor nets designed
for other purposes like civilian or commercial – can be easily repurposed for military use. This
fact thus hinders the formation of legal and regulatory approaches to counter the proliferation of
potentially destabilizing space systems. According to Smith (2021), the growth of the space
industry commercialization complicates the differentiation of civil and military space uses since
corporations may serve both domains. The problem here which is a push for polices is how to
encourage technological advancement and market production while avoiding the vice versa, that
is the military use. This problem is partially solved by the international export control regimes,
for example, Missile Technology Control Regime (MTCR), but these punitive measures are
hampered by advancing technology and conflicting self-interests. In his article published in
2021, Gibson states that the future work in regulating the utilization of dual-use technology in
space may require monitoring the use of particular technologies, as well as behavioral standards
as opposed to trying to control individual technology. It could entail; surveillance of physical
usage of the space assets and also setting up of standards of practice that would discourage such
use. Furthermore, as the author underlined, there is the opinion of O’Connor (2021) where more
openness and trust-bearing actions could be useful to eliminate the problems linked with military
uses of space technologies. It can only be perhaps assumed that promoting openness of actions in
relation to space activities and developing trust between the space-faring states can help to
overcome or at least, alleviate the existing level of mistrust and increase the efforts to preserve
space as a peace domain. Hence, as space capabilities develop further in the future, dealing with
the issue of dual-use remains an important question of international discussion and partnership
where the necessity of maintaining security of state-actors is to be balanced by the potential use
of space for the peaceful intentions of the nations. The identification of how to address these
issues will in turn be cumbersome in reaching a common ground on how to undertake activities
in space hence posing a major breakthrough to the sustainability and security of the activities.
C. Peaceful purposes principle interpretation
Generally, the above analysis has revealed that even such solid institution’s fundamental
principle as ‘peaceful purposes’ has left much room for interpretation in terms of its substance in
the course of space law’s development. Jenkins (2022) describes that the Outer Space Treaty
requires the use of outer space for ‘peaceful purposes’ but it has no clear definition that inspires
what is meant to be as ‘peaceful. ’ Thus, it resulted into confusion, where some countries argued
that ‘peaceful’ means ‘non-hostile’ while others suggested that it should be understood to mean
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‘non-warlike. ’ Gibson (2021) notice that the common understanding of the meaning This broad
interpretation has led to the great expansion of military activity in space although the deployment
of weapons of mass destruction in orbits which is prohibited under the OST has not been
achieved. The problem is in the finding a way between valid and warranted sovereign interests of
states and a common objective of mitigating armed conflicts in space. According to Berger
(2021), as space is more crucial to the national security and world peace, there is a necessity for
the advanced understanding of the meaning of the permissible activities through the peaceful
purposes principle among states. Despite the fact that the current sources offer some insight into
the ‘‘military’’ versus ‘‘civilian’’ dichotomy, O’Connor (2021) considers it possible that future
interpretations will need to employ more concrete analyses of restricted behaviors and
corresponding outcomes than is being done presently. Because space is gradually becoming one
of the vital domains in the modern world, the development of the peaceful purposes principles’
understanding and implementation will remain essential for preserving the stability of outer
space and avoiding its militarization. Further elaboration of clear working definitions and best
practices may contribute to avoid misunderstandings and shift the tendency toward the decreased
number of potential conflicts as a result of disagreements on definitions. The key legal actors
will have to consult and cooperate internationally in finding out how the principles of space law
should be preserved and in defining when and to what extent security concerns can be claimed
and accommodated in an environment of progressive change and development of activities in
space.
D. Space arms control treaties
Space arms control treaties can hence be defined as important attempts thus aimed at regulating
armed conflict in outer space while; preserving this environment for peaceful purposes. Davies
(2023) notes that while the 1967 Outer Space Treaty prohibits mass destruction systems in orbit
it does not prohibit other forms of other space-based weapons or anti-satellite systems. This has
maintained the search for; greater area space arms control measures. To this end, the concept of
PAROS treaty suggested at the UN Conference on Disarmament intends to overcome these
flaws. Nevertheless, they observe that the advancement on PAROS has been slow because of the
differences in defining and verifying the mechanisms. The second effort in space arms control is
the Russian-Chinese draft Treaty on the Prevention of the Placement of Weapons in Outer Space
(PPWT); however, the same issues can be critiqued for its loophole and lack of verification
measures. According to Gibson (2021), it is probable that the future space arms control treaties
might require more refined structures and be based on behaviors or particular capacities. These
could encompass; the debris-making activities, distance flying operations, and the employing of
the directed-energy weapons. Measures of such specificity could therefore assist in the
prevention of the dangers associated with the militarization of outer space while at the same time
enable the legal use of space defense. Vargas in 2020 notes that; confidence-building measures
and transparency agreements; could be some sorts of steppingstones to a wider amount of arms
control treaties. It is important to identify diplomatic and political measures; that could since
contribute to greater stability and avoid escalations as well as risks of conflict among the
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countries engaged in the use of space for military purposes, and the proposed cooperation
measure includes: More active and constructive information exchange between the spacefaring
nations regarding military space activities; Sharing the information on space debris as well as on
activities of satellites and space objects which can pose threats to other countries’ military
missions. Thus learning how to control the threat especially through space arms control treaties
becomes one of the critical goals of the international society. New solutions will thereby be
required to respond to emerging technologies and strategic factors; with regard to the principles
of peace and cooperation in outer space. To establish the norms of the management of future
space arms as well as the extent of these prohibitions and how they are going to be checked,
international collaboration and diplomacy will be important.
IV. Emerging issues in space law
A. Artificial intelligence in space operations
The use of AI in space activities entails; more possibilities and legal questions than ever before.
According to Eckert (2021), due to its capabilities to learn algorithms and make decisions
without human interventions, AI can help transform the space exploration activities and satellite
functions and procedures. AI is capable of managing resources implement, enhance predicting
the maintenance of spacecraft and managing the changes to working parameters in real-time as
well. Still, the utilization of AI in space also poses an important issue about; who is responsible,
who is in control, or the implications of unforeseen circumstances. Patel (2022) points out that
current space laws that main have been fostered in the pre-AI world may not be sufficient to
handle challenges arising from ASs. For example, the issue of who is liable for the losses
incurred as a result of an action of an AI-governed satellite gets problematic when action are
taken without the interference of a human being. Additionally, the incorporation of AI in the use
of military space increases another spectrum in the definition of the principle of peaceful use of
outer space. New global standards or changes in the existing space conventions or treaties may
be required to determine the jurisdiction of AI in space activities. These may embrace measures
for human intervention, ability to explain the AI decision-making, and particular legal
responsibility rules concerning any mishaps linked with AI. With the advancement in AI
technology, Eckert (2021) suggested that there is a need to adopt preventive legal and policy
measures that can allow and regulate use of AI in space administration so as to respect the
principles of space law. Thus; implementing compliance with set legal norms for AI control, AI
decision responsibility, as well as cooperation among nations for AI regulation will therefore be
crucial measures for; utilizing AI’s advantages alongside preserving the peace and sustainable
utilization of outer space.
B. Cyber-security for space assets
Probably the most contentious issue in space law at present is cyber-security that resultant of the
growing aspects of digitization of space systems. According to Baca ( 2021 ), space assets that
are the satellites and ground control station are in potential danger that can lead to disruption of
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services, leakage of classified information, up to causing physical destruction. Space systems are
very much interdependent; therefore, a cyber-strike on one of the components poses a threat to
communication, navigation, and earth observation services for the whole world. Writing for the
Contemporary Southeast Asia, Kim reminded everyone that the current international space law
has insufficient provisions in dealing with the issues arising out of cyber-security threats in
space. This raises more issues on state responsibility for; cyber-attacks that are carried out from
their jurisdictions and the legal measures; that are accorded on such attacks under the
international law. According to Walters (2021), there is likelihood that subsequent conformist
laws may require provisions for cyber security in space, for example, regulation for secure
system designing or reporting systems that are associated with cyber incidences, and general
mechanisms that allow international cooperation in the determination and combating of cyber
threats. However, the creation of such frameworks is not without difficulties because the threats
are constantly changing and evolving, and because any technology that can be used for
protective purposes can also be used for hostile purposes. According to Abeyratne (2020),
reformation of space cyber-security will need to employed social, legal and technological means
aspiring to uphold acceptable code of conducts purposefully designed to attain international
consensus regarding principles of responsibility in cyberspace in connection with space
activities. Recognizing the rules and regulating the actions concerning cyberspace; using
transparent procedures when reporting on the incidents, as well as developing increased
cooperation with other countries in relation to the space systems; will be critical for the reduction
of threats and maintenance of high levels of security in space systems. The issue of SSBU is
becoming more significant while space systems are getting more connected to the infrastructure
of the Earth; therefore, the cyber – security of SSBU will be highly important for steady and
sustainable space operations. The measures aimed at enhancing cyber-security of space activities
should be progressive and adapt to progressing tendencies and threats, while it is important to
focus on prevention and make adequate actions to protect significant space resources and adhere
to the principles of prevention of harming actions in outer space.
C. Environmental protection of celestial bodies
Only recently has the question of environmental conservation of celestial bodies become an issue
of importance due to the actual and potential increased usage of space. In Farrell’s (2020) view,
the present international space law already offers guiding principles for the preservation of the
space environment but does not offer sufficient ways to prevent space pollution or overuse of
celestial bodies. The provision which requires states to refrain from placing on the space objects
or celestial bodies, or intentionally inflicting thereon, any adverse effect on other celestial bodies
is the provision which in setting up a basis for the protection of the right could be most useful
however it remain a hard case to implement in the light of the modern space activities. In her
article, Quinn (2021) states that with the progression of establishing permanent space colonies
and bases on the moon, interplanetary travel, and mining of asteroids there is a dire necessity for
there to be better and more concrete laws meant to protect these regions for future research and
for future generations. There is even a concept similar to planetary protection, intended to
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prevent biological contamination that might be deemed necessary to extend to other directions as
well. Based upon this, Chang (2020) opined that future legal frameworks pertaining to the
protection of celestial bodies could indeed mimic those of environmental law as practiced on the
earth- environmental impact assessments and the precautionary principle. However, achieving
the objectives of; protecting the environment and at the same time, opening new opportunities
for scientific research as well as the use of natural resources poses many difficulties. According
to Adams and Kallio (2022), it is possible for the authorities to allow the interests of space
tourists to be met while avoiding conflict with nature conservation laws by adopting innovative
legal solutions: the certain areas of celestial bodies are to be declared protected, and the activities
mentioned above can be carried out in other zones under certain conditions. With the aid of such
measures, it would be possible to guarantee the preservation of scientifically valuable places
from tourists at the same time with the exploration of stocks wherever it is possible. Since the
human activities on celestial bodies are gaining increased feasibility and likelihood, it becomes
more essential to establish sound and flexible legal regimes for the conservation of outer space
environment. Continued endeavors to develop a code of ethics to guide mankind interaction,
protection of these formations and the sustainable extraction of resources by space exploration
agencies, and the international cooperation in the management of the planets will be crucial in
the direction future of space exploration.
D. Space traffic management
The growth in frequency of space activities especially the launching of big satellite constellates
has put pressure on space traffic management (STM) as one of the major issues of space law.
According to Bradley (2023), while, the current space traffic management is almost dependent
on voluntary practices and standards, may not fully protect the increasing risks of congestion and
collisions in orbit space. The absence of a thereby detailed framework regulating international
STM; is one of the most acute problems that threaten the safety and continuation of space
activities. According to Nelson (2019), STM cannot be solved solely by technology missives but
must be accompanied by law and regulation that lays out acceptable behavior for space
operationalization. This includes aspects like priority settings for maneuvering in case of
emergent space events, norms concerning the exchange of information and Space Situational
Awareness as well as procedures or guidelines for cooperation in orbits that get steadily more
crowded. DeVries in 2022 in his suggestions put forward that future STM regimes may have to
draw from the air traffic control systems and the difference in characteristics of the space
environment. Nevertheless, the adoption of such systems poses problems on the international
level; because of sovereignty factors and the necessity of having numerous international partners.
Based on the case of Abeyratne (2020) we need to take a stance that proposing workable
international STM framework will involve elevating national self-interests that a feasible STM
solution will have to accommodate. This may require the conclusion of new intergovernmental
conventions or the modification of existing space law conventions to lay down specific roles and
responsibilities for STM. As mentioned above, the number and multifaceted nature of actors
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involved in space increase steadily, building a strong and versatile STM that will sustain the
long-term viability of space endeavors and eliminate the generation of SD is imperative.
V. Dispute resolution mechanisms
A. Arbitration procedures for space conflicts
Arbitration has been thus identified as a possibly useful approach to return a solution to problems
in the burgeoning area of space law. Martinez (2022) alluded to the fact that some of the issues
that may lead to a space law conflict may be rather intricate and technical hence the
appropriateness of arbitration mainly because one could choose arbitrators based on their
specialty in matters of space law and technology. The flexibility of arbitration procedures can
also work the character of the space disputes which may invoke different jurisdictions and raise
unpronounced legal issues. Chen (2021) opines that some of the current arbitration centers
including the Permanent Court of Arbitration have formulated specific rules dealing with space
related dispute, given the fact that there is increasing realization of specialty in the management
of space related disputes. These institutions offer the benchmarks that define the matters relating
to the procedural aspects of space law that include; satellite licensing controversies, orbital slot-
assignment disputes, and also liability claims concerning space activities. However, arbitration in
space conflicts has some effectiveness issues as follows. As Abeyratne notes in the work of
2020, confidentiality is characteristic of arbitration procedures, while international space
activities are based on the principle of transparency. Also the legal execution of the awards
mainly in the setting of space activities that may involve states or state entities poses a question.
It is critical to enforce arbitral awards in space relations since this determines the rule of law with
regard to the implementation of decisions made by the arbitral tribunal. According to the
research done by Garcia in 2022, the growth of space arbitration could be faced with possible
challenges in the future that will concern the combination of confidentiality and expertise on the
one side and the requirement for transparency and public interest on the other concerning space
dispute matters. This balance will be important as the arbitration procedures are developed
forward to correspond with the needs of society for effective means for solving disputes arising
in the framework of space activities. With the tendency of increasing utilization of space by the
commercial actors, the clarification and establishment of proper mechanisms for handling space
related disputes will be fundamental to fostering legal certainty and the growth of the space
industry. Arbitration is therefore capable of offering specific and mechanized ways to proffer
solutions; in contractual and commercial disputes with a positive impact on the global space
industry and thus international law.
B. International Court of Justice role
ICJ has a relevant and quite influential but not very broad function with reference to the
settlement of space disputes. According to Hartman (2021), although the ICJ has been given
compulsory jurisdiction over all the international space treaties to provide them interpretation
and application as per the provision of laws laying down space law, its intervention in particular
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space law cases remain limited in number. This limited engagement can be blamed on factors
such as the states’ preference for the diplomatic process of solving space related issues and the
many technicality of the space issues. However, the potential of the ICJ as far as the
determination of such key principles of space law is concerned cannot be regarded as
unimportant. Chen (2021) mentions that advisory opinions can give useful advice as to
provocative questions in space law like the non-appropriation principle’s meaning or the
restrictions of national space activities. Such opinions could assist in the creation of
jurisprudence; to be used to regulate relations and decisions between States in space affairs.
Nevertheless, it is observed that the ICJ often does not have sufficient expertise to deal with
space issues primarily because space disputes commonly involve aspects of technology and are
usually time-sensitive. According to Abeyratne (2020), the author believes that, this can even be
upgraded by having a chamber on space law like that of environmental chamber at ICJ. Such a
development could add the Court’s international law power with issue specific knowledge of
space-related issues hence providing more elaborate and balanced judgments’. But as the space
activities become multifaceted and the probability of inter-state conflicts arise, the coming future
may see the ICJ’s contribution towards space law brightening up. It could function as a device to
address some of the core issues of space law interpretation and application as more new
questions that may stem from technological development and increasing scope of commercial
space activities occur. Enhancing the ability of the ICJ to address cases being related to space
law can play a great deal in the advancement of general benchmarks for the emerging legal
framework of space in the international level.
C. Mediation and diplomatic channels
Mediation and diplomatic tools are a prerequisite in the outbreak or resolution of space
controversies, provided diverse and frequently confidential sources of managing disputes in the
intricate sphere of interstate space activities. According to Garcia (2022), it is worth noting that
in many space disputes, key issues may touch upon national security interests and patents, which
is why some actors may find informal settlement methods to be more beneficial than going to
court. While the negotiations are usually conducted through political diplomatic channels in
instances of bilateral or multilateral communication, the peaceful cooperation agreements of the
outer space have mainly targeted various concerns including interference of radio frequencies as
well as control of space debris. Various entities such as the United Nations Office for Outer
Space Affairs (UNOOSA) and the International Telecommunication Union (ITU) discuss
diplomatic issues related to space and engage in relatively uninformed dispute settlement, as
noted by Chen (2021). However, there are certain weaknesses associated with implemented of
uses of mediation and diplomatic measures which are power relation between the parties and no
compulsory recommendations. As much as these methods create cooperation and flexibility,
Abeyratne (2020) mentions that these may not be adequate sufficient to solve complex legal
issues or set the precedents in the novel disciplines in space law. For the future, Martinez (2022)
mentioned that more specific future innovation in space dispute resolution could entail
combinations of the mediation system with more structured legal systems. This partly combining
15
approach could prove useful to balance the advantages of confidentiality but also the willingness
to choose mediation instead of a court case on the one hand and legal certainty and enforceability
concerning the settlement of intricate space disputes on the other hand. Given the trends towards
further increase of business and variety of space operations, improvement of the efficiency of
mediation and diplomacy is crucial in achieving and preserving harmony and collaboration of
nations within the sphere of space activities. Thus, incorporating these approaches with other
measures in the system of dispute resolution can form a sound base for effective solving task in
the context of emerging challenges and opportunities in the space sector of the global level.
D. Specialized space law tribunals
Specialized space law tribunals have been considered as an important solution for the
problematic of the identification of the most suitable mechanism to address a dispute arise from
space activities. Reed mentioned that such tribunals could introduce a specialized tribunal that
would be staffed with legal professionals knowledgeable in space law as well as specialists in
space operations. This could be capable of handling the interacting factors that accompany space
law cases; that tend to be filled with several scientific and legal aspects of space laws and
regulations. Scholars supporting specialized tribunals like Hartman (2021) recommend that
actual existing organizations, for example, the International Tribunal for the Law of the Sea
should be used as reference. This could be easily incorporative to practice space law as it can
address current issues of space law such as lack of adequate experts in general courts or the issue
of confidentiality of arbitration. Such downsides notwithstanding, there are challenges that come
with setting up of specialized space law tribunals. Abeyratne (2020 , p. 126) was right in
pointing out that collectively, there remain major challenges in garnering international
cooperation on even foundational issues like jurisdiction of the tribunal, its composition. The set
strategy to build consensus to solve problems and foster cooperation among spacefaring nations
and emerging space actors is further complicated by the multi-interest nature of these actors.
Hence, there are questions on how this sort of tribunal will engage with other forms of dispute
resolution systems and national courts as shown by Hartman (2021). Chen (2021) proposes a
four-step strategy, which, in his/her opinion, could be considered as the most effective and
reasonable. This may entail the creation at the beginning of an advisory board of space lawyers,
which can transform at some point in the future into a kind of tribunal if the need as well as the
acceptance within the international community increases. The consequence of this prolonged
situation is that as the space activities are extending in variety and growing in intensity, there are
more and more disputes connected with space law. Hence, the further consideration of the
applicability and potential of speed-specific law enforcing tribunals keeps the respective
discourse meaningful and promising for increasing the competencies and the probability of
positive solutions in disputes emerged in one of the most dynamic and challenging fields. They
might fill the vacuum in terms of equipping people with understandings, professional analyses
and impartial interpretations of space law issues that could create a sense of order and support
the growth of space activities on an international level.
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VI. Future of international space law
A. Adaptation to technological advancements
Essentials of future international space law can also be seen as a mere inadequate engagement in
a rapidly evolving technological domain thus the continued need for the adaptation of
international space law. According to Grayson (2023), it is evident that new space trends such as
AI, IOS, and APS are exerting pressure on the presently binding legal systems. All these
advancements are therefore giving rise to new legal niches that need to be addressed as soon as
possible; for example, space traffic management, and debris. For example, the use of big LEO
satellite constellations and multitudes of small satellites creates new problems that did not exist
when the space conventions were written. According to Thomas (2023), more dynamic
approaches which may be useful in the future space law regimes include among others principle-
based regulations. These could enable the provision for the fast pace of technological change
without the necessity of having to alter treaties often. This may entail page-creation of
international guidelines or soft law instruments which can be modified from time to time
depending with the emerging technologies. However, Abeyratne (2020) points out that flexibility
is a valuable asset in space initiatives provided this is offset by the need for legal structures that
guarantee certainty and legal irrationality, at least in this industry. Safe keeping the document
one of the major challenges is to build an effective and efficient legal environment that will
remain strong enough and malleable at the same time. According to Patel (2022), strengthening
the confluence of legal scholars, lawmakers, and technical professionals will be critical in
articulating efficient legal strategies dealing with space technology evolutions. Over the last few
decades, especially the latter, the space industry has rapidly developed and transformed; hence,
the future will prove whether international space law can maintain the rates of evolution as well
as will contribute to the proper and peaceful usage of outer space. This entails; prediction of
technological trends, and dialogue among the stakeholders and formulation of policy measures
that would thus balance the protection of space activities and their innovation by responsible
conduct. Thus, flexibility together with clear principles pursued will enable further effective
development of the international space law in response to the steady technological advancement.
B. Balancing national and global interests
These phenomena will either strengthen the role of international space law or will significantly
reduce its membership based on the theory of critical correlation of all the aforementioned
phenomena, it can be concluded that the further evolution of international space law depends on
its ability to coordinate national and global interests with the principle of the common heritage of
mankind. Reyes (2023) then establishes that there is a rising conflict between the states desiring
to mine and gain dominance over space resources for economic and power-driven reasons, and
the global community that wants space to remain accessible and open regardless of the intrinsic
value they possess. This is especially seen when discussing the use of space resources where
national laws encouraging commercial use come into conflict with the outer space treaty that
focuses on the non-appropriation principle. Adams and Kallio (2022) stress the need to develop
17
future legal arrangements that would be able to balance these interests. They recommend some
fresh options like, for instance, the bonus-sharing arrangements or international licensing
standards regarding the use of space resources. They potentially could offer a framework of
sharing gained benefits from the use of space resources as well as the adherence to the
international law. Furthermore, the emerging trends such as militarization of space; also bring
certain challenges on its own. According to Gibson (2021), the solution to such issues calls for
the need to understand the meaning of ‘peaceful uses’ more profoundly in space and setting out
proper codes of conduct in international law for military operations. This would help in
exploring what is permissible in military operations while at the same time ensuring that space
remains an area that no weapon of mass destruction can be deployed in accordance to the Outer
Space Treaty of 1967. Talking about future perspectives of space law, Abeyratne (2020) points
out that international cooperation will determine the improvement of the international perceptive.
Perhaps enhancing the current means, such as COPUOS, or creating new channels for the
collective decision-making in space affairs could help to solve controversies regarding space
regulation. Therefore, as nations incorporate the Space Activities into their national economies
and security frameworks, harmony between national peculiarities and international public good
is the backbone of SSCT. The restraints will remarkably call for continuance of the growth of
international space law and it will have to be able to cater to the requirements and, trends, mind
controlling and legalistic to make certain that the lawful concerning outer space is steady and
sustainable to facilitate and encourage innovation in the space industry, at the same time, for the
general benefit and advantage of the whole mankind.
C. Enforcement challenges and solutions
Compliance with international space law thus raises barbed questions that must be responded to;
in order to strengthen and maintain the space law regime’s integrity in the future. This is why
Johnson (2023) point out that voluntary compliance and national/implementation of international
obligations, as it is currently practiced, cannot effectively suffice the contemporary complex and
diverse stone space activities. There is no enforcement mechanism, which creates opportunities
for exploitation; consequently, the question arises of who is accountable to the international
community when it desires damages made by space objects or when there are violations of space
traffic management regulation. Similarly to Abeyratne (2020), the future enforcement strategies
should be complex and involve the following measures. It may entail strengthening of
international organizations such as the COPUOS in terms of reporting and observation of space
activities or the search for new forms of conflict regulation and implementation. Enhancing the
International supervision and cooperation could be deemed essential for the augmentation of
compliance structures. Technological improvements could hence strengthen the enforcement
capacities. Based on the research, Thomas (2023) advocated for the use of tracking technologies
such as block-chain in identification of space object and AI in monitoring compliance to space
debris mitigation standards. These technologies could bring more openness and responsibility to
space activities; however, the problem of data sharing, sovereignty concerns, and technological
gaps would thereby be faced. Furthermore, Grayson (2023) also stressed the need to re-visit the
18
existing liability regimes for space activities. Safeguarding extended responsibility for a much
larger set of circumstances and elaborating on the methods of obtaining indemnification would
improve the discouragement of reckless space behavior and offer redress to the victims. This is
the case as space law progresses in its development and as the commercial and operational
environment in the space sector advances. Subscribing to the principles of International Space
law enhances the protection of space environment and continues to promote safe and secure
conditions in space for future operation of space programs. Mitigating these enforcement issues
shall involve the use of extra-legal integrated approaches involving countries, IOs and the private
sector to effectively manage the regulation of activities beyond the earth’s atmosphere.
D. Private sector involvement in policymaking
That is why to address the new challenges and incomers of the developing market, commercial
entities must be more prominent in the formation of space law and policy. Even as private
companies venture into the space sector to undertake human spaceflight and planetary
exploration and more, such critical tasks maybe undertaken by states, their experience and views
are invaluable for creating workable and practical space laws. This shift raises new questions of
where to look for the future of international space law – beyond a state-centric paradigm and
beyond a preoccupation; with attempting to reconcile the necessarily conflicting considerations
of commercial interests and public policy. Abeyratne (2020:145) avers that future space law
could require more openness of policies towards interaction of MMNs with other corporations
where the public may be part of the policy formulation mechanism such as the creation of
industry standards and norms. On the same note; more privatization poses implications of
regulatory collusion and commercialism over; social and environmental concerns. According to
Adams and Kallio (2022), the concerns can be mitigated by structures that afford more
transparency and participation in the development of space policy with the advantage of Industry
knowledge. This could range from regular consultations, industry buffers, or even membership
of the commercial entities in spaces governing bodies. As stated by Thomas (2023), with the
tendency of the distinctions between the global public space and private space activities
becoming increasingly blurred there may be a need to consider newer paradigms of space
governance that would specify the part played by the private sector. Such may include dual
regulation in the form of national regulation, international regulation and the regulation of the
companies and industries by themselves. Since the global race of expanded and diversifying
commercial space sector is encouraging more novel approaches to invest the private sector
appropriately into the decision-making in the space domain, fitting proper integration of private
sectors into the space policymaking will remain significant to maintain the international space
law adequate, efficient and competent enough to meet the contemporary space activities.
19
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