The Use of Outer Space for Global Commonwealth: Legal Status and International Law

Abstract

The traditional understanding of the prohibition on territorial sovereignty in outer space is becoming more and more contentious. It is particularly the involvement of private actors that complicates the traditional understanding. This contribution aims to highlight some of the challenges to the prohibition of sovereignty in the arena of outer space, with specific reference to the lack of a clear boundary between Earth and outer space for legal purposes, the legal status of the common heritage of humankind and the commercialisation of outer spaces. In particular, it is suggested that the blanket prohibition on sovereignty is no longer tenable and that it should be re-evaluated to keep up with the fastdeveloping technological advancements in space exploration.