Domestic (National) Public Space Law of the USA. Success and Challenges of our Time

Author:Valentyn Halunko
Position:Doctor of Law, Professor, Research Institute of Public Law (Kyiv, Ukraine)
Pages:5-18
Advanced Space Law, Volume 4, 2019 5
Domestic (National) Public Space Law of the USA.
Success and Challenges of our Time
Valentyn Halunko1
Doctor of Law, Professor, Research Institute of Public Law (Kyiv, Ukraine)
E-mail: halunko@i.ua
https://orcid.org/0000-0003-1619-5028
The author shows the current objective need to approve the principles and specic norms of domestic
(national) public space law. The purpose of the article is to prove the expediency of considering the
domestic space legislation of the United States, which nowadays consists of ten national laws, to be
the comparative basis for the public space law. The author reveals the denition of domestic (national)
public space law. The author believes that domestic public space law can successfully resolve the issues
of eective and safe use of space by the private sector, the struggle against space debris, the recovery of
asteroid or space resources, etc.
Keywords: asteroid, law, space debris, outer space, national public space law, private space
companies, satellite
Received: September 11, 2019; accepted: October 07, 2019
Advanced Space Law, Volume 4, 2019: 5-18
https://doi.org/10.29202/asl/2019/4/1
Introduction
Today, the development of space law and legislation is gaining momentum and becoming
more relevant, because after the entry into space of private space companies, international law,
which was approved in the middle of the twentieth century, is not able to resolve the challenges
facing the world space community. Most private space companies are registered and operate
in the USA. Moreover, only the US has such a great number of domestic space laws. The
USA reasonably claim the leadership in the eld of national space legislation. They practically
propose their law-making developments as objective models for comparative borrowing by
other states.
One more challenge that is already accepted in the norms of US law is the permit for US
citizens to engage in commercial recovery of an asteroid or space resource, which will grant them
the right to own, transport, use and dispose of it, in accordance with international obligations of
the United States. Also a signicant challenge in this area is the necessity of the analysis of the
basics of military space law and improvement of legislation on space debris and its utilization.
© Halunko, Valentyn, 2019

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