April 8, 2026 – Space exploration and commerce have long captured the interest of the public, but never before has they been so tangible. Within the last 10 years, the practice of “space law” has grown from something that evoked gentle chiding between practitioners into an unmistakable component of modern commerce.
In 2025 alone, the U.S. held a record 176 successful orbital space launches.[1] The private satellite internet company Starlink, for example, maintains thousands of small private satellites that orbit the Earth – all launched via rockets that leave and re-enter U.S. airspace.
These satellites occupy wavelengths on the electromagnetic spectrum to operate, and when these satellites eventually reach the end of their life, they must come out of orbit
(see
Kessler Syndrome) and be disposed of. Each step involves various legal hoops to jump through, which are located in various legal sources both domestically and internationally.
Before we lift off, it is important to note that space endeavors can generally be grouped into four sectors: international, civil, national security, and commercial. Each sector has goals that differ from the others, but there is significant overlap between the applicable legal devices.
Ultimately, the landscape of space law – much like the cosmos itself – is much vaster than a short summary permits, but this guide provides legal sources most relevant to commercial space law.
International Policy
International agreements are the first and oldest form of space law, which unfortunately means that it is generally antiquated, somewhat ambiguous, and vague. Relevant to the U.S., this sphere comprises four United Nations agreements from the 1960s to the 1970s and one modern multilateral agreement drafted by the U.S. in 2020.
Daniel Sawall, Marquette 2023, is an attorney, librarian, and adjunct professor at Marquette University Law School. He is a current member of the Law Librarians Association of Wisconsin.
These agreements are commonly known as the
Outer Space Treaty (OST) (1967),[2] the
Rescue Agreement (1968),[3] the
Liability Convention (1972),[4] the
Registration Convention (1975),[5] and the
Artemis Accords (2020).[6]
United Nations Agreements. These
United Nations agreements establish the foundation of nearly all space law and present principles for cooperative space exploration and use. Summarizing these four agreements, the signatories (including the U.S.) agree that:
space activities are for the benefit of all states;
no state can make sovereignty claims to space or celestial bodies;
weapons of mass destruction are prohibited in orbit or further space;
astronauts from any country are “envoys of mankind,” and signatories must take all possible actions to help or rescue astronauts in need and, if applicable, return them to the state from which they launched;
space objects must be returned to the state from which they launched;
sovereign states are personally responsible for any space activities originating from their state – including commercial endeavors;
signatories take full liability for any damage caused by their space objects; and
states must maintain and submit a register of their space objects so the UN secretary-general can maintain a register of all space objects.
Unfortunately, many of the terms of these agreements have been left undefined and have never been litigated, so how broadly they apply to commercial enterprises is yet to be challenged.
Artemis Accords. The U.S., in cooperation with seven other initial signatories, created the
Artemis Accords to fill the gaps and details left by other international agreements. They create a framework for exploration and peaceful use of the Moon, Mars, and other celestial bodies through 10 principles intended to guide commercial space exploration, use, and cooperation.
Most notably, the Artemis Accords explicitly state that the signatories agree that taking material from space “does not inherently constitute national appropriation under Article II of the Outer Space Treaty. …”[7] Arguably, this permits commercial organizations to take materials from space while still technically falling within the bounds of the OST.
U.S. Policy
Domestically, space law is primarily created by multiple executive agencies at the direction of the president – who publishes policies and directives related to space. The U.S. Congress does help guide space law (U.S. Code Title 51), but nearly all legislation directs, creates, or modifies the scope of actions available to executive agencies.
President. The U.S. president, advised by various offices and committees, ultimately determines where space policy is headed and what it should aim to do.
Most notable, every 10 years the president publishes a “National Space Policy of the United States of America” (most recently in 2020), which creates the broad base principles and guidelines to be followed by U.S. agencies.
Space Policy Directives (SPD) are also published by the president on an as-needed basis to steer policy.
Finally, the president can publish executive orders that impact space law and policy.
E.O. 14335: Enabling Competition in the Commercial Space Industry (Aug. 13, 2025),[8] for example, sought to eliminate duplicative regulations impacting commercial spacecraft and promoted the Office of Space Commerce as a meaningful office.
National Security interests. Many national security organizations conduct operations – and have policies – related to space. A vast majority of those organizations, however, have little to no interaction with commercial space enterprises. Their policies exist to manage national security and intelligence operations that involve space, like using satellites.
For most purposes, it is adequate to know that the
Department of Defense (a.k.a. Department of War) manages both the
U.S. Space Force (USSF) and
U.S. Space Command (SPACECOM). Space Force is the military branch that organizes, trains and equips space professionals and then presents those forces to U.S. Space Command, while U.S. Space Command employs joint forces from the U.S. Army, Marine Corps, Navy, Air Force, and Space Force to accomplish missions.
Civil and Commercial interests. There are primarily four government agencies that have an impact on commercial space law, but only three promulgate regulations. These regulations are primarily contained in 14 C.F.R. pts. 400 – 460 (2024), with a few in 15 C.F.R. pt. 960 (2024).
The
National Aeronautics and Space Administration (NASA) does not promulgate any regulations but acts as a nonregulatory technical expert who helps develop universal standards, provides technical and scientific advice, and sits on various government boards and committees.
The
Office of Space Commerce (DOC-OSC), the
Office of Commercial Space Transportation (FAA-AST), and the
Federal Communications Commission’s (FCC) Space Bureau are primarily responsible for the regulations surrounding commercial space law.
The Office of Space Commerce was an office within the National Oceanic and Atmospheric Administration (NOAA), which is part of the Department of Commerce (DOC), but was made an independent office through Executive Order 14335.
The Office of Space Commerce governs space commercialization and the licensing of individuals and businesses who will operate spacecraft, manages the space traffic control system (to avoid collisions in space), and promotes nonbinding technical standards to encourage interoperability.
Relatedly, the DOC also handles import and export regulations, which spacecraft must adhere to. Because spacecraft leave the U.S., their contents are legally considered “exports” under U.S. law and must follow the DOC’s Export Administration Regulations (EAR) for proper licensing.
The EAR regulate technologies and data whose commercial export could lead to military applications by other nations – which includes components related to spacecraft, satellites, launch systems and other space-focused technologies. Finally, they also track the objects in Earth’s orbit in an attempt to avoid space object collisions.
The Office of Commercial Space Transportation (FAA-AST) is an office within the Federal Aviation Administration (FAA), which is part of the Department of Transportation (DOT). The FAA-AST governs space launch and reentry from the U.S., grants licenses and permits for launch and reentry, and regulates commercial spacecraft design and operation to ensure safety to users and those on Earth. It does not require any license for objects in space, only those moving through U.S. airspace. Additionally, it sometimes recommends changes for applicable federal statutes and regulations.
Last, the Space Bureau exists within the Federal Communications Commission (FCC). This agency, established in 2023, governs policy and licensing for the actual satellites and space-based communications and activities. The FCC manages licensing for all devices that broadcast using electromagnetic waves, so this necessarily includes the spacecraft that send signals back to Earth and the Earth stations that communicate with them. Additionally, they require applicants to provide an Orbital Debris Mitigation Plan addressing how they mitigate their space object from adding any significant orbital debris until it leaves orbit at the end of its life span.
To summarize the division of responsibilities within U.S. agencies:
NASA does not produce any regulations but acts as a technical expert.
The DOC – primarily through the Office of Space Commerce (DOC-OSC) – creates policy related to space commercialization, grants licenses to individuals and companies to operate spacecraft from a base of operations within the U.S., and handles licenses related to export of high-tech materials from the U.S.
The FAA’s Office of Commercial Space Transportation (FAA-AST) creates rules and grants licenses related to the physical launch and reentry of spacecraft that will move through U.S. airspace.
The FCC’s Space Bureau handles the licenses of the actual object(s) that communicate into or out of space (including the wavelengths their signals occupy), and orbital debris mitigation.
Additional Resources
While you may not become a cosmonaut, you can learn the galaxy of space law and how to spacewalk from one policy to another. For those interested in this growing sphere, knowing who regulates what, as well as how domestic and international policy coincide, is crucial to understanding and navigating it.
This article provides an orbital view of the field, but for any aspiring astronaut attorneys looking to learn more, you will find some useful links below.
Resource Compilations
Official Sources
Need Help? Ask a Law Librarian
Got questions about researching public records? Don’t hesitate to reach out to a friendly law librarian – we’re experts at navigating the ins and outs of legal research and are happy to help! You can find law librarians ready to assist you at these Wisconsin libraries:
Endnotes
[1] “Trump Administration Science & Technology Highlights: Year One,” at Off. of Sci. & Tech. Policy, Exec. Off. of the President, Jan. 2026, p. 52
[2]
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 18 U.S.T. 2410, 610 U.N.T.S. 205, 61 I.L.M. 386, Oct. 10, 1967.
[3]
Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 19 U.S.T. 7570, 672 U.N.T.S. 119, 7 I.L.M. 149, Dec. 3, 1968.
[4]
Convention on International Liability for Damage Caused by Space Objects, 24 U.S.T. 2389, 861 U.N.T.S. 187, 10 I.L.M. 965, Sept. 1, 1972.
[5]
Convention on Registration of Objects Launched into Outer Space, 28 U.S.T. 695, 1023 U.N.T.S. 15, 14 I.L.M. 43, Sept. 15, 1975.
[6] NASA,
The Artemis Accords: Principles for Cooperation in the Civil Exploration and Use of the Moon, Mars, Comets, and Asteroids for Peaceful Purposes, Oct. 13, 2020.
[7] NASA,
The Artemis Accords, at sec. 10, Oct. 13, 2020.
[8]
Exec. Order No. 14, 335, 90 FR 40219, Aug. 13, 2025.
