Journal articles
LEGAL FRAMEWORKS FOR SPACE-MADE PRODUCTS: ADDRESSING JURISDICTION, LIABILITY AND LONG-TERM SUSTAINABILITY IN OUTER SPACE
A. Kardamaki
SMD. 2025;(1):9-16
Space exploration increasingly focuses on utilising space resources for various purposes, including scientific research and commercial ventures. However, the legal framework governing space activities predominantly addresses objects launched from Earth into outer space, raising questions about the classification of products manufactured in space and the identification of launching States. That is highly relevant to ensuring the long-term sustainability of space activities, considering that the lack of clarity means uncertainty in determining jurisdiction and the application of any national legislation, and further impedes the enforcement of accountability and the encouragement of responsible behaviour through the application of liability regimes. In light of that, this paper examines the adequacy of space treaties and alternative legal mechanisms in accommodating space-made products concerning jurisdiction and liability. Through an analysis of space treaties and the hypothetical life cycle of space-made products, including production and operational phases, it explores the challenges in identifying space objects and launching States. Alternative jurisdictional links, such as ownership and effective control, are considered alongside liability regimes, including international responsibility and strict product liability. The paper concludes that the existing legal frameworks accommodate only partially space-made products and thus challenges remain in addressing jurisdictional and liability issues comprehensively. The paper underlines the necessity for amending the space treaties, adjusting national legislation and anticipating deficiencies in relevant intergovernmental agreements and private contracts.
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