A Review Of Challenges To Corporate Expansion Into Outer Space

The monopoly on human spaceflight has been held by a handful of governments and their space programs for over the last fifty years. With the successful launch of Scaled Composite’s SpaceShipOne , c orporations may soon be able to take advantage of new launch vehicle technologies and end governmental monopoly of human spaceflight. Private human spaceflight will enable corpora tions to expand their reach beyond E arth , enter ing a new economic era with as much uncertainty as ever in the expanding commercial frontier of outer space . However, legal challenges will present the major obstacle to corporations operating in outer space. Outer space is a high risk environment and given the dangerousness of such economic activity corporations will not be allowed to operate without some rules or regulation . Moreover , without the ability to profit, corporations will lose their incentive to en gage in outer space commerce. Therefore, outer space law must balance corporate and public interests to ensure safety, equity and market efficiency. In turn, the shape of future civilization in outer space will depend on how national and international law develop s over time in response to the pressures of corporate expansion. This paper thus seeks to perform two tasks: first, to critically review the major legal challenges facing corp orate expansion into outer space, particularly United States and internati onal space law ; and second, provide an evaluation of “laissez -faire ” proposals for human expansion into outer space and their impact on future space society. I. Introduction he monopoly on human spaceflight has been held by a handful of governments and thei r space programs for over the last fifty years. With the successful launch of Scaled Composite’s SpaceShipOne , corporations may soon be able to take advantage of new launch vehicle technologies and end governmental monopoly of human spaceflight. Private hu man spaceflight will enable corporations to expand their reach beyond Earth, entering a new economic era with as much uncertainty as ever in the expanding commercial frontier of outer space. Corporations are well established in outer space. Many private s pace firms develop, build and launch vehicles and payloads , while working closely with governments. Nevertheless, many corporations are confined to specialized sectors of space commerce due to the economically prohibitive nature of human spaceflight. Howev er, legal challenges will present the major obstacle to corporations operating in outer space. Outer space is a high risk environment and given the dangerousness of such economic activity corporations will not be allowed to operate without some rules or re gulation. Moreover, without the ability to profit, corporations will lose their incentive to engage in outer space commerce. Therefore, outer space law must balance corporate and public interests to ensure safety, equity and market efficiency. In turn, the shape of future civilization in outer space will depend on how national and international law develops over time in response to the pressures of corporate expansion. This paper thus seeks to perform two tasks: first, to critically review the major legal c hallenges facing corporate expansion into outer space, particularly United States and international space law; and second, provide an evaluation of “laissez -faire” proposals for human expansion into outer space and their impact on future space society.