The Architecture of Authority in Global Space Governance: The Moon Agreement as a Deconflicting Mechanism of Space Activities

Abstract

Traditionally, the governance of outer space and the regulation of space activities have been State-centred. During the last decade, however, global space governance has been characterized by the influx of private space actors with the capacity to influence the political decision-making and regulatory scenes. This has led to laws and policies that seek to transform the status of outer space from one beyond property and sovereignty to one subject to territorial dynamics, such as through the institution of private property. Within this context, this article investigates the production of authority in modern global space governance and presents the power of private space actors at the root of such authority. At a second level and recognizing the importance of all space actors, including private actors, the article argues for the establishment of a pluralistic legal order for space activities, harmonizing the traditionally State-centred space law framework with the modern needs of the space industry that bring private actors to the fore. The article suggests the Moon Agreement as a tool for inspiration towards the construction of such a framework.

Keywords

• private space actors
• space governance
• authority
• pluralism
• territoriality
• property