International space law in the context of regulating the activities of private space companies, using the example of the United States

The authors examine in detail the issues of regulation of international space activities by international law. The subject of the study examines international treaties that regulate the activities of states and their private companies in outer space. The absence of comprehensive regulations for space activities and the absence of legislation to control private companies lead to the fact that the activities of states in space are focused more on its monopolization, rather than on collective security. Particular attention is paid to private space companies of the United States, since the most serious challenge in the space arena is their rapid development. In turn, their activities are only indirectly regulated by international space law, and do not have any international standardization, but at the same time pose a real threat to international security. The study is based on comparative legal and institutional methods used to identify contradictions between international and national space law. Comparative analysis and case studies were used to study competition in outer space between state actors and between state and private company in order to identify gray areas in international space law. The novelty of the study lies in the comprehensive analysis of the existing space legislation, such as: the Outer Space Treaty, the Convention on International Liability for Damage Caused by Space Objects, the Convention on Registration of Objects, the Moon Agreement; consideration of the imperfections of their provisions and proposals for improving the norms of international space law. A comparative analysis of the norms of international space law with the US legislation in the space industry is provided. The article considers the influence of private companies on the development of international space activities, and also identifies the risks that their activities pose. The authors come to the conclusion about the need for an international comprehensive modernization of space law: development of cybersecurity standards and regulations for the use of nuclear facilities in space, creation of unified international standards for private companies with the establishment of a global registry of these companies; reform of the UN COPUOS, introduction of mechanisms for the implementation of norms through national legislation.

International space law, Private space companies, PPP, USA, SpaceX, Blue Origin, NASA, Spacecraft, Satellites, Orbital launches