Keywords

Space Law, Intellectual Property, Jurisdiction, Liability, International Regulation, Commercial Space Activities

Abstract

This thesis explores the inadequate nature of the current legal space regime and points out the gaps in outer space laws, including the following: Jurisdictional Challenges, Frameworks of Liability, and IP (Intellectual Property) Enforcement, utilizing laws such as the Outer Space Treaty (OST), the Liability Convention, the Registration Convention, the Moon Agreement, the Patent Cooperation Treaty (PCT), and TRIPS, along with national laws like the U.S. Commercial Space Launch Competitiveness Act and The Inventions in Outer Space Act (35 U.S.C. § 105.). Through analysis of current scholarly proposals and treaty evolution and synthesize to provide policy options, the goal of this thesis to recommend contemporary revisions to the current legal regime and find the best course of action for new policies to minimize legal uncertainty in outer-space activities, encourage innovation, and strengthen global collaboration. Specifically, the thesis proposes a (1) binding Independent Arbitral Tribunal (IAT) for space disputes, (2) an International Space Patent System (ISPS) for uniform IP protection and enforcement, and (3) targeted updates to the Liability and Registration Conventions to include private actors and end “flags of convenience.” Through exploring the literature and relevant international agreements, this research explores realistic guidelines for renewing space law, so that outer space may be a domain where peace, cooperation, and innovation can still be observed. The core claim is that these integrated reforms are both legally feasible and necessary to align law with today’s commercial, multinational space ecosystem.

Thesis Completion Year

2025

Thesis Completion Semester

Fall

Thesis Chair

James A. Beckman

College

College of Community Innovation and Education

Department

Legal Studies

Thesis Discipline

Legal Studies

Language

English

Access Status

Open Access

Length of Campus Access

None

Campus Location

Orlando (Main) Campus

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Rights Statement

In Copyright