Scholarship@WashULaw

Document Type

Article

Publication Date

2023

Publication Title

Journal of Law and Innovation

Abstract

Space law’s current moment reflects international law’s current moment. That is, lawmaking processes aimed at updating international space law for the commercial space age reveal three larger themes about international lawmaking in the twenty-first century. These themes are: (a) evolutive lawmaking efforts by states; (b) the parallel development of laws in different fora by different actors; and (c) interpretive entrepreneurship by private actors. The themes are interrelated. They offer one story—but not the only possible story—about how international law develops when multilateral cooperation is out of reach. Together, the themes forecast a more pluralist international legal future, demanding new forms of cooperation among a wider range of law makers and takers.

Keywords

International Space Law, Space Law, International Law, International Lawmaking, Sources of Law, Fragmentation, Pluralism, Artemis Accords, COPUOUS, Non-State Actors, NewSpace, Commercial Space Actors

Publication Citation

Melissa J. Durkee, Space Law as Twenty-First Century International Law, 6 J.L. & Innovation 12 (2023)

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