DOI: 10.5553/IISL/2021064001001

International Institute of Space LawAccess_open


Transfer of Ownership In-Orbit

Shaking the Status Quo and Recalibrating the Registration and Liability Regimes

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    The increased commercialization of space activities threatens to destabilize the foundations of international space law. This paper reviews the correlation between Articles VI, VII, and VIII OST and questions registration as the exclusive legal basis for jurisdiction while discussing alternative links, like ownership and effective control. It attempts, inter alia, to answer the question; which is the most “appropriate” State to become the State of Registry? Moreover, it is argued that the immutable link between launching and liability creates unnecessary obstacles for private space activities. In this context, an effort is made to challenge the launching State’s perpetual liability and to demonstrate the need to attribute liability to the actual responsible State. The paper concludes by examining the possibility of reinterpreting the corpus juris spatialis or adopting amendments.

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