International Law and Security in Outer Space: Now and Tomorrow

Abstract

Once the domain of a few spacefaring nations, outer space has exploded with new actors, state and private, in recent years. New actors and activities bring new potential threats and concerns for new and existing actors alike. In this complex environment, where mistrust and misunderstanding often prevail, international law can play an important role in bridging gaps and creating predictability, clarity, and consistency. Although new treaty law is unlikely, the ordinary incremental international law processes of state practice, opinio juris, and international jurisprudence will help to resolve critical questions about the content and application of international law in outer space over time.

This essay highlights key security and strategic issues and challenges in outer space and examines essential legal questions and principles applicable to security and conflict in outer space.