Us Regulators May Not Prevent Private Space Activity on the Basis of Article VI of the Outer Space Treaty

Abstract

Article VI of the Outer Space Treaty states that “the activities of non-governmental entities shall require authorization and continuing supervision.” This has caused confusion for the US government and for private entities that plan to operate in outer space engaging in nontraditional businesses such as satellite servicing or asteroid mining. Many interested parties believe Article VI means that private entities may not operate without governmental authorization and continuing supervision. The Federal Aviation Administration (FAA) suggests that Article VI gives it authority to deny access to space to the unauthorized and unsupervised. A clearer understanding of the law should put these concerns to rest. Article VI is not self-executing. This means that it is not enforceable federal law unless Congress enacts domestic implementing legislation. Therefore, private actors may operate in outer space, even without authorization or supervision, and the FAA and other regulatory agencies may not rely on Article VI to attempt to deny these actors access to space.