PRECISE OPERATIONS, IMPRECISE LAWS: HOW NEBULOUS LAWS WREAK HAVOC IN OUTER SPACE

Authors

Matthew H. Ormsbee
Harine Raaj

Abstract

As space operations advance with unprecedented precision, the laws governing these activities remain outdated, vague, and incapable of addressing contemporary challenges. The Outer Space Treaty (OST) and the Liability Convention, drafted in the Cold War era, fail to adequately define fundamental terms such as damage, fault, and compensation. This lack of legal precision creates significant liability gaps, particularly as space debris, mega-constellations, and private-sector actors reshape the space landscape. This article explores how these ambiguities hinder legal predictability and fair compensation for victims of space-related harm. By analyzing real-world space incidents, including the Cosmos 954 reentry, the Iridium-Cosmos collision, and the Fengyun-1C ASAT test, the paper highlights how the current legal framework is ill-equipped to address modern disputes. Using principles of treaty interpretation under the Vienna Convention on the Law of Treaties, this article argues for an expansive yet practical interpretation of damage under the Liability Convention to ensure equitable outcomes for states and commercial actors alike. As commercial space activities surge and military operations in orbit expand, legal clarity is imperative. This paper proposes concrete reforms to the space liability regime, advocating for clearer treaty language, enhanced dispute resolution mechanisms, and international cooperation to adapt legal frameworks to 21st-century space realities.

Recommended Citation

Matthew H. Ormsbee & Harine Raaj, PRECISE OPERATIONS, IMPRECISE LAWS: HOW NEBULOUS LAWS WREAK HAVOC IN OUTER SPACE, 20 Wash. J. L. Tech. & Arts (2025).
Available at: https://digitalcommons.law.uw.edu/wjlta/vol20/iss3/1