Who Really Cares about Outer Space? Principal-agent Theory and the Sustainability of Outer Space Regulation
Who Really Cares about Outer Space? Principal-agent Theory and the Sustainability of Outer Space Regulation

Summary/Abstract: States are primary actors in international law. The development of international relations after the Second World War and the founding of the United Nations increased the power of international organizations (IOs) in the international sphere. The distribution of competences between states and IOs is tackled in the framework of principal–agent theory, which holds that sovereign states are principals, and IOs are agents acting on the state’s behalf. In terms of international law and international relations, the key international legislation regulating outer space is the Outer Space Treaty (OST). The OST contains the most important principles and guidance relating to activities in outer space. According to the OST, states coordinate their interests, whereas IOs operate in the common good and outer space is in the common ownership of all mankind.1 The IOs’ mandate is defined in a wide-ranging and vague manner in the OST and even in practice there is no clear distinction between the competences of these two original actors and private actors – a new actor operating in outer space. The presence of another actor in outer space raises the question of whether the current regulation of outer space in international law, primarily the Outer Space Treaty, is sufficient in terms of sustainability and the capabilities of the various actors involved – states, IOs and private actors. This paper focuses on the application of principal–agent theory to outer space governance in the present day in light of this new actor and the division of competences and responsibility.

• Details
• Contents