Emerging space nations and the development of international regulatory regimes

The principle of international cooperation underpins space law and therefore space activities. In certain respects, international cooperation in regards to various spatial activities is and has been fostered effectively. However, in relation to the development of international regulations and standards applicable to outer space, the principle of international cooperation has not been applied as effectively or collaboratively as it might have been. The development of international regulatory regimes and industry standards can run the risk of being dominated by more powerful, industrialized countries that invest resources and time into ensuring that their technology, as well as their regulatory and standards agendas prevail. This phenomenon has the potential to affect the global space industry, where the future development of space law may exhibit a bias in favour of established space nations over emerging space nations. This is because established space nations tend to be, and have greater capacity to be, more active in international standard setting and in the formulation of space regulations. These States often compliment their high levels of economic investment in space with a corresponding political will to promote space endeavours, as well as shape appropriate laws and regulations around their respective space industries. Emerging space nations that are serious about developing their international space presence must adopt a similar strategy if they are to make any meaningful contribution to the future evolution of international space law. If this does not happen, we may witness an international space law regime that favours some States over others, by virtue of the fact that certain States are more active in standards setting. This in turn would diminish of the impact of the principle of international cooperation between States in relation to outer space activities. This article examines the principle of international cooperation in space, and how it relates to the development of international regulatory regime and standards. In particular, the article highlights the inequality than can manifest between established space nations and emerging space nations in regards to the how space regulations and standards are formulated and ultimately adopted.