Rationale for the Enactment of National Space Legislation

Abstract

The primary motivation to enact national space legislation is to adhere to the international obligations that rest upon states, in particular the obligations under Articles VI, VII and VIII of the Outer Space Treaty and their elaboration in the Liability Convention and the Registration Convention. These articles stipulate that states bear international responsibility for the activities of private entities and should authorise and continuously supervise these activities, that states are internationally liable for the damage caused by space objects used by private entities and that states have jurisdiction and control over the space objects used by private entities and should register these objects. These direct obligations upon states with respect to space activities conducted by private entities provide a clear motivation to enact national space legislation. Through national space legislation, states can ensure that they adhere to their international obligations, secure their interests and limit the risks associated with space activities.