Enforcement of Commercial Regulation in Outer Space

Outer space is a popular domain for a broad variety of commercial, civil and military activities. With the increased usage of outer space comes an increased risk of misuse, abuse and activities by some operators that may have significant detrimental effects on others. Nations are regulated by international law and are bound by the treaties, conventions and customary norms that have been established over decades of state practice. Comparatively, commercial activities are regulated by domestic laws; laws that require entities to be licensed, to seek permission for certain classes of activities, and that impose continuing obligations on operators to ensure that their activities do not detrimentally impact others who also seek to explore and exploit space. This paper will explore the legal mechanisms that have been introduced in domestic statutory regimes to protect against commercial misuse of outer space and enforce the regulatory regimes that attempt to regulate the commercial activities in a domain devoid of traditional conceptualisations of jurisdiction and control. Enforcement of regulatory regimes, especially in respect of emerging commercial operations, is an important aspect in the long-term sustainability and protection of the space domain and ensuring that space can be accessed and available to future users of space.