Global constitutionalism and outer space governance

The 1967 Outer Space Treaty (OST) established core principles governing human and robotic outer space exploration and is often considered the de facto constitution for international space law. Yet the OST and subsequent core space treaties were negotiated during a very different era, characterised by Cold War superpower competition between two preeminent spacefaring states, the Soviet Union and United States. The rapid growth of state and non-state space actors and new activities -including mega satellite constellations, space tourism, and space mining as well as expanding military space programmes - are challenging this legal framework. This chapter evaluates space law from the perspective of constitutional principles and functions, focusing on the OST as the centrepiece of this legal order. The OST enshrines space as a peaceful domain in which the exploration and uses of outer space should be undertaken on the basis of equality. Yet outer space law reflects a weakly institutionalised legal regime when evaluated from the perspective of core constitutional features and roles which limits its ability to address growing tensions over the meaning, application, and limits of foundational principles. I illustrate these dynamics with examples drawn from military space operations, the allocation of satellite orbits and radiofrequency spectrum, exploitation of natural resources in celestial objects, and human exploration and settlement beyond Earth which implicate questions of recognition, ownership, and the very nature of sovereignty in twenty-first century global affairs.