Privatization of Space Law Negotiating of Commercial and Benefit-Sharing Issues in the Utilization of Outer Space

摘要

Space law is not a "self-contained" body of law; its main source is international law. One of the important consequences of that is to make states the main actor in the utilization of outer space. As can be seen from the five space treaties, the original character of space law is public law that specifically governs state activities in outer space. However, the privatization and commercialization of outer space that has taken place intensively in the last two decades has also been followed by privatizing space law – directing space law to be more responsive to private and commercial issues. Article Ⅵ of Space Treaty allows non-governmental entities to engage in outer space activities. This means that privatization and commercialization of outer space activities are legally acceptable. This Article, however, does not make any limitations of which outer space activities that can be commercialized and which ones are not? If the Article will be read that all outer space activities can be commercialized, the main question is, whether it is not contrary to the basic spirit of the utilization of outer space: for the common interest of all mankind? In Addition, the Article tends to be read only in the context of liability in case of an accident and failure in outer space activities, and does not relate this with the concept of outer space as a common heritage of mankind that creates the obligation of sharing benefit. This paper argues that the orientation and form of the privatization of space law should be within the basic spirit of the utilization of outer space: for the common interest of all mankind.