The United Nations
(UN) developed five multilateral space law treaties in the 1960s and 1970s as
access to space, space exploration, and space exploitation were beginning to
develop. Now, fifty years later, the principles of these treaties still
influence space activities for all states. The author of this article contends
that the treaties can be used as a ‘guide’ and ‘foundation’ for developing
domestic legislation. The treaties promulgate important principles for the
exploration and use of outer space, which have likely attained the status of
customary international law. Particularly for orbital rocketry, this is a
developing type of activity for Canada, as no orbital launch has ever occurred
from Canada, and presents a new opportunity to regulate and govern effectively.
The treaties contain aspects for legislative drafters, policy analysts, and
politicians to consider when developing domestic space governing legislative
schemes. A Canadian approach could serve as a model for other nations
considering developing national space legislation.