Highway to the Danger Zone: United States Legislative Framework Regulating the Commercial Space Sector
ABSTRACT The last decade has been witness to a rapid rise of the commercial space sectors of many countries. This development offers myriad prospects for the development and exploration of outer space, but simultaneously poses threats to the international community if not regulated properly. The potential dangers of outer space activity were recognized by both the United States and the former Soviet Union in the midst of the Cold War, which led to the concretization of the international legal regime regulating outer space activities. However, without the enforcement of these legal standards at the municipal level of the state, this regime is ineffective. Therefore, it is an imperative that all states with a commercial space presence develop national space legislation that appropriately incorporates international standards. The U.S. space legislation is, at present, the most robust legal framework which addresses many of the necessary concerns. At the same time, in attempts to promote the growth of its space sector, the U.S. regime regulating commercial space ignores some of the standards developed in the international regime. The critical evaluation of the salient features of the U.S. legislation undertaken by this article serves as a guide for many states seeking to develop their own legislation regulating the commercial space industry. It serves as a guide to adopting comprehensive standards of protections provided for in the U.S. legislation and the International Law Association's "Model Law on National Space Legislation," but also cautions against the dangers of weaponization, poor environmental protection, and exposure to international liability. A thorough legislative framework that adequately balances economic, strategic, and political concerns with accepted legal principles of international law is essential to prevent commercial space activities from becoming a "highway to the danger zone."