Professor Melissa de Zwart, RUMLAE, Adelaide Law School Google in Space? How will space governance accommodate non-state actors?

University of Adelaide

University of Adelaide

Growing importance of commercial/ non-state actors to space Growth in influence of large multinational and transnational corporations Globalisation results in emergence of power of MNCs beyond the nation-state Potential role of MNCs in governance of space domain remains unclear Economics of profit and return on investment replacing government funded science University of Adelaide

Commercial Space Launch Competitiveness Act 2015 ‘facilitate a pro-growth environment for the developing commercial space industry by encouraging private sector investment and creating more stable and predictable regulatory conditions’ University of Adelaide

A United States citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resources or space resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States. It is the sense of Congress that by the enactment of this Act, the United States does not thereby assert sovereignty or sovereign or exclusive rights or jurisdiction over, or the ownership of, any celestial body. University of Adelaide

Obligations owed to shareholders rather than host government Requirement under OST for authorisation and continuing supervisions, Liability Convention requires state liability extend to launches from that state’s territory Corporation may be large enough to set its own foreign policy: a self-regulating entity? Obligations owed to shareholders rather than host government Need to secure the exclusive possession of property: use of force Vital to include a consideration of standards where non-state players become vital to space security Rights and responsibilities University of Adelaide

Regulatory void into which the MNC may insert itself? Question regarding the role and responsibilities of MNC under current international law Regulatory void into which the MNC may insert itself? Consistent application of rules and standards University of Adelaide