Post-Territorial Sovereignty: Reassessing State Jurisdiction over Space Objects under International Space Law

Our understanding of law and sovereignty has evolved as a result of space travel. Sovereignty on Earth typically refers to authority over a region of land or sea. However, international law states that space belongs to everyone, hence no government can claim territory in outer space. However, nations continue to have control over the satellites, spacecraft, and other space objects they register and launch. States are in charge of their own space objects but are unable to own the space surrounding them, which leads to a unique legal predicament. This article examines how international agreements, including the Liability Convention, the Registration Convention, and the Outer Space Treaty, establish jurisdiction in space. It describes who is liable for damage, how states are in charge of their spacecraft, and how private businesses are altering the law. Emerging frontiers that push the boundaries of current law and necessitate new approaches to sovereignty are also examined in the study, including the construction of lunar bases, resource extraction endeavors, and the militarization of space. It contends that the concept of sovereignty in space is changing, moving away from geographically based exclusive control and toward shared stewardship and functional jurisdiction, where power is derived more from duties in overseeing a shared domain than from territorial claims. The paper illustrates the necessity of a post-territorial legal system that balances state interests with the necessity of collaboration in overseeing the last frontier by following these developments. The paper concludes and suggests a new “post-territorial” legal order, which is built on cooperation rather than ownership of the space environment.