A Vital Artery or A Stent Needing Replacement? A Global Space Governance System without the Outer Space Treaty?

10 Pages Posted: 4 Apr 2019

See all articles by Ram S. Jakhu

Ram S. Jakhu

McGill University - Institute of Air and Space Law

Steven Freeland

Western Sydney University, School of Law

Date Written: 2018

Abstract

The 1967 Outer Space Treaty is the foundational framework of international space law that has succeeded in effectively governing outer space. However, it is becoming increasingly possible that a major space power, or a group of States, may consider withdrawing from the Outer Space Treaty, particularly in view of the current trend towards nationalistic political populism and isolationistic foreign policies to selectively withdraw from certain key international institutions and treaties. The Outer Space Treaty could be one such treaty, especially in relation to the exclusive national exploitation of space-based natural resources by private entities, and threats to national security. Such withdrawals would likely have serious implications for global space governance, which is essentially based on this Treaty. This paper critically addresses some of the most serious legal issues related to the void that such withdrawal might create in the prevailing international governance regime for outer space.

Suggested Citation

Jakhu, Ram S. and Freeland, Steven, A Vital Artery or A Stent Needing Replacement? A Global Space Governance System without the Outer Space Treaty? (2018). Available at SSRN: https://ssrn.com/abstract=3351503 or http://dx.doi.org/10.2139/ssrn.3351503

Ram S. Jakhu (Contact Author)

McGill University - Institute of Air and Space Law ( email )

3690, Peel Street,
Montreal, Quebec H3A 1W9
Canada

Steven Freeland

Western Sydney University, School of Law ( email )

Locked Bag 1797
Penrith, NSW 2751
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
60
Abstract Views
312
rank
387,436
PlumX Metrics