THE OUTER SPACE TREATY AS A CONSTITUTION WITHOUT A GOVERNMENT (1ST ED. 2025)
AUTHOR – SYEDA IZZAT FATIMA,ADVOCATE HIGH COURT, LEGAL RESEARCHER IN SPACE LAW
BEST CITATION – SYEDA IZZAT FATIMA, THE OUTER SPACE TREATY AS A CONSTITUTION WITHOUT A GOVERNMENT (1ST ED. 2025), INTERNATIONAL JOURNAL OF SPACE LAW AND POLICY (IJSLP), 3 (1) OF 2025, PG. 51-59, APIS – 3920 – 0014 & ISSN – 2584-1955
Abstract
The Outer Space Treaty of 1967[1] is frequently described as the “Constitution of Outer Space”[2] as this treaty was the foundational principles for the peaceful exploration and use of space[3]. However, much like a constitution without an implementing government, the Treaty articulates ideals without providing the institutional mechanisms, enforcement frameworks, or detailed protections necessary to address the complex realities of 21st-century space activity and neglecting fundamental rights aspect. This paper will get into depth of that while the Outer space Treaty was a landmark achievement and advancement towards Space exploration laws[4] in its time but its broad principles fail to address pressing modern challenges including environmental accountability[5], private sector regulation, protection of individual rights, and effective dispute resolution[6]. Drawing on comparative constitutional analysis and current space governance debates, the paper proposes a modernized enforcement architecture for space law[7], capable of safeguarding both the shared interests of the international community and the rights of individuals[8] affected by space activities.[9]
[1] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (opened for signature 27 January 1967, entered into force 10 October 1967) 610 UNTS 205 (Outer Space Treaty).
[2] Stephen Gorove, ‘The United Nations and the Outer Space Treaty’ (1967) 61(4) AJIL 858.
[3] UN Committee on the Peaceful Uses of Outer Space (COPUOS), Report of the Legal Subcommittee on its Fifty-Ninth Session (2020) UN Doc A/AC.105/1227.
[4] Stephan Hobe, ‘The Current Status of International Space Law’ (2007) 11 German LJ 821.
[5] Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicar.), Judgment, 2015 I.C.J. Rep. 665 (useful for environmental liability analogy).
[6] PJ Blount, ‘Innovative Institutional Designs for Space Governance’ (2017) 113 AJIL Unbound 111.
[7] FABIO TRONCHETTI, FUNDAMENTALS OF SPACE LAW AND POLICY (2013).
[8] Henry Hertzfeld, Christopher Johnson and Brian Weeden, ‘Private Human Access to Space: Business, Policy, Law, and Regulation’ (2015) OECD Space Forum Working Paper.
[9] U.N. Comm. on the Peaceful Uses of Outer Space, Guidelines for the Long-term Sustainability of Outer Space Activities, U.N. Doc. A/74/20 (2019).