Are we witnessing the end of international space law as we know it, or are we on the brink of a transformative era? This special report, based on a chapter from a new book published in honour of esteemed international law professor Siegfried Wiessner, gets to the heart of the matter, exploring whether international space law is undergoing drastic change or just simply fading away. Amidst geopolitical turmoil and waning international cooperation, the possibility of a new intergovernmental organisation dedicated to space affairs emerges as a critical consideration. The future of space governance hangs in a delicate balance.
For a prolonged period of human history, small and powerful groups have used laws and regulations to control, govern and enhance the welfare of organised communities in various domains throughout the world. From monarchs to emperors, from authoritarian dictators to modern forms of democratic governance across the world, leaders have aimed to prevent ‘lawlessness’ or ‘rule of the jungle’ situations where survival of the fittest prevails. The domain of outer space is no exception in this regard. The adoption of laws, both national and international, is an effort to achieve welfare for all of humankind in the space domain.
After centuries of relentless exploitation and colonisation and two devastating world wars, the international community came together to create institutions and enact laws and regulations at the international level that were universally recognised and adhered to. However, with the passage of time, the preference of the international community (mainly the major spacefaring countries) has seemingly changed. Newer forms of international regulations are being explored and devised to match the rapid pace in advancements in technological sectors, and extra-legal factors are having a marked influence on the adoption and application of international space law.
