New Space as a Trigger for New Law

The laws introduced within a country are one of the clearest signs of the emergence of a private enterprise seeking to exploit space, or the desire of a nation to attract and support businesses to reach out to orbit and beyond. While attracting and supporting new businesses, domestic laws need to perform an important balancing act. These are laws that consider the international legal framework that they take cues from, contemplate the need to protect the public from harm, ensure that risks can be mitigated, and (where necessary) provide for the payment of compensation to injured persons. This chapter considers how States have responded to the emergence of a private space sector by exploring the theoretical approaches to regulation, the pressures a State is required to consider when regulating as well as regulatory design concepts before moving to a review of how States have legislated for space activities.