The Evolving Corpus Juris Spatialis: Treaty Limitations and Contemporary Challenges in Outer Space Governance

Abstract

Since the inception of the Outer Space Treaty (OST) in the year 1967, it has constituted the foundational basis of corpus juris spatialis. Drafted under the auspices of United Nations during Cold War, it was established with the core principles to guide the human’s extraterrestrial engagement. It was formed with the core idea of res communis – “the province of all mankind”.
In the intervening decades, the space domain has evolved dramatically, once the realm of only superpowers is now transformed into a far more complex arena. This research examines the relevance of not just the OST but other treaties governing the use of outer space. It considers various provisions governing the use of outer space and celestial bodies and examines how the contemporary challenges remain unaddressed. Further the authors of this research paper try to investigate the reason behind the lack of active engagement by the states to address the drawbacks of these treaties and the ambiguities regarding the terminologies used in these treaties.
The study uses doctrinal research methodology, relying predominantly on the secondary resources and also examines treaties, United nations resolutions, scholarly articles, research papers and policy paper issued by the spacefaring agencies and the intergovernmental agencies.