PRACTICE 05

Space law & frontier policy.

The orbital economy is moving faster than the regime that governs it. The work is to operate lawfully inside the gap — and to shape the rules before they harden.

Space law rests on a 1967 settlement written for two state actors and a handful of government launches. The commercial reality — constellations of thousands, private landers, resource extraction, in-orbit servicing — has outrun it. The interesting questions now live in the space between what the treaties say and what commerce actually does.

Most of the consequential questions are not yet settled law. Resource rights sit in open tension between Article II of the Outer Space Treaty and the national frameworks built around the Artemis Accords. Debris liability, traffic coordination and registration are governed by instruments that predate the activity they now have to cover. Operating here is less about applying rules than about taking defensible positions in their absence.

Two disciplines, then: counsel that lets a client operate lawfully and defensibly inside the current regime, and policy advocacy that shapes the regime while it is still forming. The second is rarer and matters more — the rules being drafted now will bind the orbital economy for a generation, and they are being written by whoever shows up with a coherent position.

Where space law is settled, emerging, and openly contested.

Select an issue to see the governing instruments and the posture a client can defend today. Much of this is not settled law — which is precisely why the position matters.

The defining tension

Who owns what is extracted in space?

Article II of the Outer Space Treaty bars national appropriation of celestial bodies by claim of sovereignty, use or occupation. It says nothing explicit about a private company owning the resources it extracts — the way a fishing vessel owns its catch on the high seas.

The United States (2015 CSLCA), Luxembourg, the UAE and the Artemis Accords signatories have built national frameworks affirming a right to extracted resources. Non-signatories and parts of the academic regime read this as appropriation by another name. Both readings are currently live.

The work is to take a position a client can defend — choosing the jurisdiction, the framing, and the contractual architecture that make an extraction claim survivable if and when the tension is resolved against the permissive reading.

StatusContested
InstrumentOST Art. II · Artemis Accords · CSLCA 2015
PosturePosition-dependent — no settled answer
Contested Emerging Largely settled

A treaty order built for two states, now carrying a commercial economy.

1967

Outer Space Treaty

The foundational settlement. No national appropriation of celestial bodies; space for the benefit of all; states liable for national activities, including private ones.

Binding · widely ratified
1972

Liability Convention

Absolute liability on launching states for surface damage; fault-based for damage in space. Still the operative liability regime.

Binding
1976

Registration Convention

Launching states must register space objects; the state of registry keeps jurisdiction and control.

Binding
1979

Moon Agreement

Declared the Moon and its resources the 'common heritage of mankind'. Almost no spacefaring nation ratified it — a cautionary tale in over-reach.

Binding · low ratification
2015

US Commercial Space Launch Competitiveness Act

Affirmed a US citizen's right to own resources extracted in space — the first major national break toward a permissive extraction reading.

National law
2020

Artemis Accords

A US-led set of principles affirming resource extraction and introducing 'safety zones'. Now signed by 40+ states, including the UAE.

Non-binding · multilateral
2023

UN COPUOS working group on space resources

The multilateral process attempting to reconcile national extraction frameworks with the Outer Space Treaty. The rules being drafted here will bind the next generation.

In progress
2024

Gulf national space regulation matures

The UAE and regional regulators advance domestic space-activity licensing — turning the frontier into a live national regime with real authorisation requirements.

National regime · live

The positions being advanced while the rules are still drafts.

The rules being written now will bind the orbital economy for a generation. They are shaped by whoever shows up with a coherent position. A live view of where that work sits.

Consultation

Orbital-debris liability standard

Advancing a workable, fault-allocating debris-liability standard into the multilateral drafting process, written for the regulators who read it first.

UN COPUOS · operator coalition
Position paper

Resource-rights safe harbour

A defensible reconciliation of national extraction rights with Outer Space Treaty Article II — drafted as a position states could actually adopt.

Artemis-aligned national regimes
Filed

Commercial space-activity licensing (UAE)

Engagement on the national authorisation regime for commercial operators — turning an emerging framework into a navigable one.

UAE national regulator
Advocacy

Safety-zone clarity for lunar operations

Pressing for an Outer Space Treaty-consistent definition of operational safety zones before de-facto practice hardens into contested precedent.

Multilateral · COPUOS
Monitoring

Space-traffic-management mandate

Tracking the slow move from voluntary coordination toward a binding traffic regime, and positioning operators ahead of it.

ITU · national administrations
Position paper

Dual-use export clarity

Clearer lines on where space hardware and data sit under export-control regimes, so cross-border ventures can plan with certainty.

National export authorities

The recurring queries.

What a typical retainer covers.

01

Resource-rights structuring

Defensible positions on extraction and ownership inside the OST / Artemis Accords tension, jurisdiction by jurisdiction.

02

Liability & debris exposure

Mapping liability under the 1972 Convention and national regimes, and the contractual allocation around it.

03

Registration & launch-state

Which state registers, which state's law governs, and how to choose where it is a choice.

04

Spectrum & orbital slots

ITU coordination for constellations and the filing strategy that protects an orbital position.

05

Regulatory licensing

National space-activity authorisation — increasingly a live regime in the UAE and the Gulf.

06

Policy advocacy

Position papers, consultation responses and direct engagement to shape rules while they are still being drafted.

A venture is building in orbit and needs a defensible legal posture; a resource or liability question has no settled answer; or a rule is being drafted and the client needs a coherent position in the room before it hardens.

2026 · UAE
Counsel on commercial space-resource positioning under the UAE national framework and the Artemis Accords.
Built a defensible ownership posture in the open tension between Article II of the Outer Space Treaty and the Accords-aligned national regime.
Space law · Resource rights
2026 · INTL
Drafted a consultation response on orbital-debris liability standards for an emerging operator coalition.
Advanced a workable liability standard into a live multilateral drafting process, written for the regulators who would read it first.
Policy · Advocacy

Conversations are by introduction, and held in confidence.

The firm takes on a small number of new retainers each year. First conversations carry no fee and no commitment. They begin with a written introduction.

office@khazanchi.org