The Evolution of Outer Space Law: An Economic Analysis of Rule Formation

Abstract

This thesis comprises a study of those socio-economic dynamics that establish and influence the existence, distribution, and evolution of rules for the outer space environment. In particular, this thesis analyzes how the initial State practice of launching objects into outer space led to the genesis of rules for the outer space environment. The presentation of this thesis includes an introduction, a methodology section, three studies, and a conclusion. The first study considers the formation of initial rules for the outer space environment as a consequence of State practice using historical analysis and game theory. The second study considers how States utilized their ability to practice foreign relations to produce and conclude the Outer Space Treaty and how the adoption of the Outer Space Treaty led to the subsequent adoption of specialized treaties regarding objects launched into outer space using economic analysis of public international law. The third study comprises a case study of the term “space object” and its adoption and subsequent evolution into State national laws that originated from the initial State practice of launching objects into outer space using comparative and economic analyses of public international law. Collectively, each study seeks to demonstrate how the rules for the outer space environment have evolved and converged in content (i.e., definition, meaning, and scope of a rule) as a result of the consumption (i.e., acceptance of the obligation of a supplied rule) of legal rules on which States depend to ultimately manage the risks and costs associated with activities to and in the outer space environment.