The limits of law: challenges to the global governance of space activities

Abstract

The development of space-related technology since the dawn of the ‘space age’ in 1957 has given rise to many new and exciting possibilities. Humankind is now seeking to embark on a broad range of space activities and the utilization of this technology forms an integral element of the global society, such that the world is dependent upon constant and unimpeded ‘access’ to space. Yet, the existing international legal and governance framework, largely developed in a very different era of space activities (1960s–1980s), is now under strain to provide the necessary certainty, standards and protections to appropriately address specific uses of space that have emerged due to recently evolving space technologies. This gives rise to a number of significant challenges for the ongoing global governance of the use and exploration of outer space and, in particular, humankind’s interaction with, and dependency on space-related technology. Important questions arise as to how to address these challenges in a way that will enable humankind to continue to use space for peaceful purposes and to garner significant benefits through such use for the benefit of the global society. This article highlights some of the major challenges that arise and outlines important factors that must be considered in developing appropriate legal, regulatory and policy frameworks for future space activities, so as best to serve the interests of current and future generations. The complexity and ubiquity of space O 4 October 1957, a Soviet space object, Sputnik I, was launched and subsequently orbited the earth over 1,400 times during the following three-month period. This milestone heralded the dawn of the space age, the space race (initially between the Soviet Union and the United States), and the legal regulation of the exploration and use of outer space.1 1 Professor of International Law, Western Sydney University; Visiting Professor, University of Vienna: Permanent Visiting Professor, iCourts Centre of Excellence for International Courts, Denmark; Visiting Professor Université Toulouse 1 Capitole; Senior Fellow, London Institute of Space Policy and Law; Associate Member, Centre for Research in Air and Space Law, McGill University; Adjunct Professor, Since then, some fundamental international legal principles have developed that significantly improve the standard of living for all humanity through, for example, the facilitation of public services such as satellite telecommunications, global positioning systems, remote sensing technology for weather forecasting and disaster management, and television broadcast from satellites, coupled with many additional uses of space that are, and will be possible through University of Hong Kong; External Examiner, Universiti Teknologi MARA (UiTM), Malaysia; Director, International Institute of Space Law; Member of the Space Law Committee, International Law Association; Member of the Space Law and War Crimes Committees, International Bar Association.