Non-Compliance Procedures: A Proactive Approach to Dispute Avoidance in International Space Law

Abstract

Conflicting interests of state and non-state space actors will likely lead to a myriad of legal disputes. In turn this could intensify the militarization of space and have a destabilizing effect on international security, the New Space industry and the environmental protection of Earth and outer space. It is therefore vital that boundaries set by the UN Space Treaties are respected. Unfortunately, international space law makes no provision for non-compliance procedures (NCPs). The purpose of this article is to advocate for the integration of non-compliance procedures within international space law. Following the introduction, this article provides a brief background on the concepts of compliance and non-compliance and using examples from international environmental law, NCPs are explained. It then examines several dynamics of the New Space industry which call for the implementation of NCPs. The subsequent section critically analyses benefits and challenges likely to arise from the use of NCPs in international space law. The article concludes by suggesting that the implementation of NCPs would contribute to a proactive, holistic and effective mechanism to better protect the legal boundaries likely to be challenged by modern uses of outer space. international law, outer space, international space law, compliance, dispute avoidance, non-compliance procedures, non-state actors, proactive approach