THE ESSENTIAL PRINCIPLES OF SPACE LAW: FOUNDATIONS, CHALLENGES, AND THE WAY FORWARD
DOI:
https://doi.org/10.37591/njel.v9i2.2127Keywords:
Outer Space Treaty (1967) Non-Appropriation Peaceful Use State Responsibility Space Commercialization Space Debris Benefit-SharingAbstract
Space law rests on a body of principles formed in the late 1950s and 1960s, when the Cold War was at its height and the first artificial satellites had just entered orbit. The five United Nations treaties on outer space, anchored by the Outer Space Treaty of 1967, set out the normative framework that governs space activities to this day. This paper examines the five essential principles embedded in these treaties: non-appropriation of outer space, peaceful use, freedom of exploration and use, state responsibility, and benefit-sharing. It traces their historical origins, analyses their legal content, and considers how well they hold up against the challenges of the present — commercial space activities, space debris, and intensifying geopolitical competition. The paper argues that the principles remain relevant and worth preserving, but that they need to be given more specific content and supported by stronger governance mechanisms. Without clearer rules and better-resourced institutions, the promise of equitable access to outer space may not be fulfilled.
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