Examination of the Status of Private Entities in the Government's Space Program in Light of International Space Law

Abstract

The 1967 Outer Space Treaty led to the development of national space programs by certain governments in relation to national space activities. However, the commencement of space activities does not date back solely to this treaty. This treaty is also perceived as a reaction to the space activities of pioneering nations, as legal events are not always the result of a sudden occurrence but can be influenced by previously implemented programs. The program itself is also considered a process aimed at achieving a desired goal. Therefore, on one hand, a government's domestic programs and practices, within the framework of soft law, if widely accepted by other states, can lead to the formation of norms and customary international law. Customary international law, in turn, has the potential to create legal effects according to the provision in Article 38(1) of the Statute of the International Court of Justice. On the other hand, Article 6 of the aforementioned treaty anticipates the space activities of private entities. Given that we are witnessing the involvement of private companies such as SpaceX, under the international responsibility of their respective governments, competing with other states to reap space benefits, the importance of this issue has led the present article to focus on the status of private entities in the space laws and programs of certain governments.