Legal Enforceability of International Space Laws: An Appraisal of 1967 Outer Space Treaty

Abstract

The advancement of our understanding of space exploration, the emergence of private actors in outer space exploration, and other related factors have necessitated the re-examination of the Outer Space Treaty of 1967 to adequately examine the policy gaps that the new developments in space exploration have opened up and to proffer solutions and amendments to these gaps. This article proposes an amendment to the 1967 Outer Space Treaty as the parent law on the use of outer space. In rectifying the aforementioned problem, there is a need to create a procedural system for legal enforcement under the existing framework. Thus, our proposition relies on the inclusion of an Additional Protocol to the 1967 Outer Space Treaty giving powers to the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) to function in quasi-judicial capacity. Under the current United Nations system, the International Court of Justice has the sole responsibility of resolving legal disputes as well as providing advisory on legal questions. However, with the complexity of international politics and the challenges posed by continuous exploration of space resources as it relates specifically to environmental protection and sustainability, the need for an institutional regime cannot be ignored. The international space legal instruments are designed under the auspices of the UNCOPUOS; however, none of the treaties made mention of the committee in its content. As a result, UNCOPUOS continues to function as a committee with no enforcement powers.