Navigating the Cosmic Waters: International Law and the Exploration of Space

The laws that govern activities in outer space are confusing and, at times, contradictory. The 1967 Outer Space Treaty (“OST”) is the foundation of all subsequent space law but developed and developing countries interpret its stance on property rights differently. Nations with active space programs view the cosmos as the next logical target for resource exploitation, but the non-space actors of the developing world demand their cut of the spoils. Failing to reconcile these two positions into an internationally accepted view on property rights has led to uncertainty and investor fear.

This discussion introduces the international framework that drives the space economy and is accessible to attorneys of all levels. The space industry is expected to double in value from 2023’s $447 billion to approximately $1 trillion by 2030. With the emergence and disappearance of space companies, knowledgeable lawyers are needed to guide companies through their ups and downs.

Attorneys who attend this discussion will learn about the laws underpinning international space, the primary domestic agencies that govern flight, launch, and reentry, the international responsibility of nation-states, and how risks are allocated between nations and private space companies. After laying the foundation, we will discuss the trajectory our species is leaning toward in its journey to exploit the heavens.

Learning Objectives:

• Define the core treaties and international standards that govern space flight
• Identify the regulatory framework that allocates risk between the United States government and private space companies and how this system is designed to encourage private space companies to develop space-related technology
• Develop an understanding of what space-capable nations and non-space actors want as technologies advance to mine resources in space and be able to articulate potential solutions to resolve future property rights disputes in space

Production Date: 6/13/2024