Perhaps contrary to a significant portion of the legal profession, legal concepts relating to outer space have a long history, are robust and growing. Even when space exploration and operations were exclusively the domain of nation states, a multitude of international treaties, conventions and other agreements governed activities in space. As the private sector is increasingly playing a supporting and, in some cases, a leading player in the development of space, the applicability and interpretation of those international treaties are under review and stress. National security and economic considerations are now increasingly emphasized over peaceful exploration for scientific purposes. And, a growing number of nation states have developed laws and policies relating to the private sector in space.
This course provides an introduction and overview of space law, international and domestic. After reviewing what “space” means physically and legally, we proceed to examines the origins and development of international space law in international treaties and agreements and the purported underlying policy consensus relating to peaceful exploration for the benefit of all humankind. Much of the class then focuses on the recent decades of space activity and the more-recent nature of international space law and the fast-developing national laws competitively supporting and governing the increasing private-sector participation in space. Critical legal and policy issues are considered relating to space-based natural resources extraction and ownership on the Moon, planets and asteroids, human settlements, in-space manufacturing, space debris and other environmental concerns. Near the end of the semester, we will review legal issues relating to the U.S. Space Force and the Artemis Accords. Finally, we will discuss the growing market for “space lawyers.” We expect to have a few guest speakers, either in-person or online.