Synchronising the interpretation of Article VII of the Outer Space Treaty and State Obligations with the growth of Private Players in Space
In this post, the author attempts to explore the divergent perspectives held by the United States, Europe, and India on the phrase “procures the launch” in defining a “launching State.” While the USA traditionally maintains a conservative stance, excluding non-state actors from liability, Europe and India have been more inclusive. The article advocates for the USA to reconsider its position, suggesting amendments to legislation that would acknowledge government involvement in private launches, even beyond its territorial jurisdiction. By embracing a broader definition of a ‘launching state’ and adopting joint and several liability, the USA can align its space regulations with international standards, fostering a balance between private space exploration and global responsibility.
