The emergence of political commitments related to space: Is the international space order under threat?

Recent years have seen an increase in States’ political commitments relating to outer space, which have taken the form either of unilateral declarations (such as those not to conduct direct ascent anti-satellite (DA-ASAT) missile testing) or of non-legally binding agreements (i.e. the Artemis Accords). These commitments raise questions about their legal effects and their interplay with the main sources of international law. One aspect of particular interest is whether these commitments may be seen as part of the development of a “rules-based international order” which, by acting as an alternative regime’ outside the discipline of international law, could overcome its universalistic and consent-based nature. The present paper will analyze recent regulatory developments in the space field by placing them in the context of broader debate concerning the rules-based international order and by assessing their potentially negative impact on the stability of the system of governance applicable to space activities.