State Sovereignty in Space: Current Models and Possible Futures

Abstract

The expansion of private-sector space activities is significantly changing the dynamics of space policy in the United States and potentially the entire field of space exploration and utilization. However, state sovereignty remains, and shall remain, central to the law, politics, and economics of space. States will continue to be important space actors, and even as private space actors emerge, governments shall play a vital enabling and regulatory functions. The exact role states will play in future economic development of space, as well as the nature of the relationship between state and non-state actors in space, depends on the concept of state sovereignty. This article discusses theoretical understandings of state sovereignty, outlines the current legal regime for space, examines controversies in space law, and explores possible scenarios for future forms of state sovereignty or jurisdiction in space. It concludes that the best outcome is where international law evolves in anticipation of these new developments to ensure a stable international regime for space.