Matching detail with practice : the essential elements of national space legislation

One of the most important recent developments in the legal regulation of outer space has been the promulgation of national space legislation by an increasing number of States. This has been despite, or perhaps more likely because the international treaties that form the basis of the law of outer space were drafted from a State-orientated viewpoint. Although it was contemplated by the drafters of these treaties that national space activities might also be undertaken by non-governmental entities, from the outset the responsibility for such activities was imposed, from an international law perspective, on States. Despite the fact that the range of space activities and the number and type of participants in these activities has grown exponentially since the time that these treaties were finalised, this still remains the position today. As has been discussed by other speakers at this symposium, the changing nature of space activities, coupled with the increasing array of private participants involved, are among the several important reasons for this development of national space legislation. This paper seeks to set out at least some of the essential elements that one might expect to find in (most) such domestic law. Relevant examples from the Australian national space legislation are referred to, in order to provide practical illustrations of these elements.