Legal Implications of The Outer Space Treaty in the Era of Space Commercialisation

Abstract

The backbone of international space law is “Treaty on Principles Governing Activities of States in the Exploration and Use of Outer Space Including the Moon and Other Celestial Bodies” which is known as the “Outer Space Treaty (“OST”).” Imagine an International Treaty being in existence over a period of five decades without being violated by any country, one such treaty is Outer Space Treaty, 1967. This creates a question in our mind that whether the treaty has been properly executed in the international domain or if the treaty contains loopholes which countries are using to escape liability(s). The increased participation of private companies in space related ventures has created a question in the effectiveness of the “Outer Space Treaty.” The commercial activities in space includes space tourism, space mining, zero gravity environment, etc. which are conducted by private companies. This leaves a doubt that in case of violation of Outer Space Treaty by private companies, who will be made liable? It can be either the company itself or the respective nations. There exists a theory that space is a common heritage of all mankind. But in reality, only a few countries and private companies try to establish their ownership in this domain. The research paper would deal with the question whether the treaty prohibits such claim of ownership supported by the opinion of international community. The author puts forth the legal implications of the “Outer Space Treaty” with various examples and illustrations. The research paper will establish the fact that whether the “Outer Space Treaty” continues to have effect in the era of space commercialisation or has lost its capability to withstand the current situations worldwide.