Commercial Exploitation of Outer Space: Navigating the Role of International Space Law in Regulating Space Activities

Abstract

The rapid commercialization of outer space, driven by private ventures in satellite constellations, lunar and asteroid resource extraction, and orbital tourism, has posed serious challenges to the foundational framework of international space law since its establishment in the 1960s and 1970s. The commercialization of outer space has reduced operating costs and accelerated technological advancements, but it has also raised ethical and legal concerns. Indeed, states remain the fundamental subjects of international space law, maintaining primary responsibility for the space activities carried out within their jurisdiction, including the functions performed by private players, in accordance with the international space regime, which sharply focuses on the concepts of authorization, supervision, and liability. In a broader perspective of accountability, property rights, environmental protection, and equitable access to celestial resources, the mushrooming growth of commercial space operators has demonstrated inherent weaknesses in the existing legal regime of international outer space law. This article critically examines the commercialization of outer space and the role of the international legal regime governing it. This article argues that states must clarify their responsibilities under international space law, particularly with respect to liability for private actors. It proposes a new regulatory framework to address these gaps for sustainable commercialization.