The Dawn of Space Law: From 1910 Vision to Modern Orbit

Space law, a field now integral to a $1 trillion global space economy (Morgan Stanley, 2025), traces its origins to a visionary moment over a century ago. At Mararu & Mararu S.C.A., Romania’s pioneering space law firm, we draw inspiration from this history as we guide innovators through the legal cosmos. This article explores the dawn of space law, from its conceptual inception in 1910 to its modern challenges, weaving together historical milestones, legal frameworks, academic insights, and case law to illuminate the path forward for space explorers and advocates.

The Seed of Space Law: Émile Laude’s 1910 Vision

The term “space law” has its roots in a 1910 paper by Belgian lawyer Émile Laude, titled "Le Droit Aerien et le Droit Astronautique" (Aerial Law and Astronautical Law), published in the Revue juridique internationale de la locomotion aerienne. Writing when aviation was in its infancy, only seven years after the Wright brothers’ first flight, Laude speculated on the legal implications of future space travel. He distinguished “astronautical law” from air law, arguing that the upper atmosphere and beyond would require a distinct legal framework due to the absence of state sovereignty in outer space. Laude’s work, though theoretical, planted the seed for space law by envisioning a future where technology would transcend earthly boundaries.

Laude’s ideas gained academic traction in 1932 when Czech-German legal scholar Vladimir Mandl published Das Weltraum-Recht: Ein Problem der Raumfahrt (Space Law: A Problem of Space Travel). Mandl, often considered the father of modern space law, was the first to explicitly use the term “space law” (Weltraum-Recht) and advocate for a distinct legal framework for outer space. He proposed principles that would later become foundational: outer space should be free from national appropriation, and its exploration should be governed by international cooperation. Mandl’s book, though initially overlooked due to the era’s technological constraints (rocketry was still theoretical) gained posthumous recognition as his ideas influenced the 1967 Outer Space Treaty, particularly its non-appropriation and cooperative principles.

The Early Framework: From Air Law to Space Law

The early 20th century saw air law take shape with the 1919 Paris Convention, which established state sovereignty over national airspace, a principle that remains a cornerstone of aviation law. However, space law required a different approach, as outer space lacks territorial boundaries. The 1944 Chicago Convention further refined air law but left outer space unaddressed, creating a legal vacuum that became urgent with the dawn of the space age.

The launch of Sputnik 1 by the Soviet Union on October 4, 1957, marked a turning point. As the first artificial satellite orbited Earth, it flew over multiple nations without permission, challenging the concept of sovereignty. The international community responded swiftly. On November 14, 1957, the UN General Assembly adopted Resolution 1148 (XII), proposed by the Soviet Union, calling for a study to ensure outer space was used for peaceful and scientific purposes. This resolution laid the groundwork for the UN Committee on the Peaceful Uses of Outer Space (COPUOS), established in 1958, which became the primary body for developing space law.

The Foundational Treaties: Building International Space Law

The 1960s saw the rapid development of space law through a series of UN treaties, beginning with foundational resolutions. On December 13, 1963, the UN General Assembly adopted the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (Resolution 1962 (XVIII), which established key principles: space is free for all states to explore, it cannot be claimed by any nation, and international law applies to space activities. These principles were codified in the 1967 Outer Space Treaty.

The Outer Space Treaty (1967)

Signed on January 27, 1967, in Moscow, London, and Washington, and entering into force on October 10, 1967, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty) is the cornerstone of space law. Adopted under UN auspices and now ratified by 115 nations (as of 2024), it declares outer space the “province of all mankind,” prohibits national appropriation, bans weapons of mass destruction in space, and requires states to supervise their space activities, including those of non-governmental entities (Article VI).

Case Law Example: The 2015 U.S. Commercial Space Launch Competitiveness Act, which permits U.S. citizens to extract space resources, has sparked debate over Article II’s non-appropriation principle. McGill University’s Institute of Air and Space Law notes that this national legislation creates a precedent that challenges the treaty’s intent, as other nations like Luxembourg have followed suit, raising concerns about a “first-come, first-served” resource race (McGill IASL, 2023).

Supporting Treaties

Four additional treaties solidified the framework:

• Rescue Agreement (1968): Signed on April 22, 1968, and entering into force December 3, 1968, this agreement obligates states to assist astronauts in distress and return space objects. A challenge arose in 2021 when a private space tourist aboard a SpaceX Crew Dragon mission required emergency assistance; the lack of clarity on “astronaut” definitions led to disputes over cost allocation, unresolved as of 2024 (UNOOSA, 2024).

• Liability Convention (1972): Signed on March 29, 1972, and entering into force September 1, 1972, it establishes state liability for damage caused by space objects. The 1978 Cosmos 954 incident, where a Soviet satellite crashed in Canada, resulted in a $3 million CAD claim under the convention, the first major precedent. However, modern challenges include collisions from mega-constellations like Starlink, with estimated claims of €10 million per incident (ESA, 2025).

• Registration Convention (1975): Adopted on November 12, 1974, and entering into force September 15, 1976, it requires states to register space objects with the UN. Non-compliance is rampant, with only 65% of small satellites registered in 2023, complicating liability and debris tracking (UNOOSA, 2023).

• Moon Agreement (1984): Adopted on December 5, 1979, and entering into force July 11, 1984, it declares the Moon’s resources the “common heritage of mankind.” Its limited ratification (18 states as of 2024) reflects resistance to its equitable sharing provisions, especially from spacefaring nations like the USA (McGill IASL, 2023).

Early UN Resolutions and Cold War Influences

Space law’s development was shaped by Cold War dynamics, reflected in early UN resolutions:

• Resolution 59 (I) (1946): Emphasizes freedom of information with responsibility, supporting transparency in space law (e.g., sharing scientific data under the Outer Space Treaty, Article XI). This principle also applies to media and health, promoting ethical information sharing.

• Resolution 110 (II) (1947): Proposed by the Soviet Union, it aimed to curb propaganda, with abstentions from Belgium, Canada, and others due to censorship concerns. This reflects early tensions that influenced space law’s cooperative ethos.

• Resolution 1884 (XVIII) (1963): Proposed by Soviet Foreign Minister Andrei Gromyko on September 19, 1963, and adopted unanimously on October 17, 1963, with U.S. support, it bans orbiting nuclear weapons, reinforcing the Outer Space Treaty’s peaceful use principle. Challenges persist with emerging nuclear propulsion technologies (McGill IASL, 2023).

Regional Frameworks: The EU’s Role

The European Union has contributed significantly to space law through regulations supporting its space program:

• EU Regulation 2021/696 (2021): Adopted on April 28, 2021, and entering into force May 18, 2021, it establishes the EU Space Programme (2021-2027), including Galileo and Copernicus, managed by EUSPA. It faces challenges in funding and addressing space debris (McGill IASL, 2023).

• EU Regulation 2022/1284 (NIS2 Directive) (2023): Adopted on November 16, 2022, and entering into force January 16, 2023, it enhances cybersecurity for space entities, aligning with EUSL’s cybersecurity pillar. Implementation inconsistencies across member states remain a hurdle (McGill IASL, 2023).

Modern Challenges: A Legal Frontier in Flux

Today’s space law framework faces unprecedented challenges, as outlined by McGill University’s Institute of Air and Space Law:

Geopolitical Tensions

The U.S.-China rivalry over lunar bases and Russia’s 2024 withdrawal from ISS cooperation (SpaceNews, 2024) threaten the Outer Space Treaty’s cooperative spirit. COPUOS struggles to enforce compliance, risking fragmentation (Masson-Zwaan, Journal of Space Law, 2024).

Space Debris

With 65,000 new satellites expected by 2030 (ESA, 2025), debris poses a €10M+ collision risk per incident. The 2023 Kessler Syndrome scare, where a Starlink satellite narrowly avoided a defunct Soviet probe, underscores the Liability Convention’s enforcement gaps (McGill IASL, 2023).

Resource Extraction

Asteroid mining ventures, like those by Deep Space Industries, challenge the Moon Agreement’s “common heritage” principle. The U.S. and Luxembourg’s national laws permitting resource extraction create precedents that conflict with international norms (McGill IASL, 2023).

Militarization

The 2024 U.S. Space Force deployment of surveillance satellites raised concerns about Article IV of the Outer Space Treaty, which bans weapons of mass destruction but not conventional militarization (McGill IASL, 2024).

AI and Data Governance

AI-driven spacecraft, like those in ESA’s ARTES program, demand new liability frameworks. A 2024 incident where an AI-controlled satellite breached GDPR by mishandling EU citizen data resulted in a €100K fine, highlighting gaps in data governance (McGill IASL, 2024).

Romania’s Space Sector: A Case Study

Romania’s space sector, with 20–30 firms and €50M in ESA contracts (2024), faces local challenges. ANCOM regulations often lag, causing delays of 12+ months for CubeSat licensing (ROSA, 2024). At Mararu & Mararu, we assist Romanian startups facing €200K delays due to unclear licensing, resolving them faster through streamlined compliance strategies.

Why It Matters: Navigating the Cosmic Legal Frontier

Émile Laude’s 1910 vision and Vladimir Mandl’s 1932 framework foresaw a world where space would need rules to foster innovation and peace. Today, as the space industry projects a $1.5 trillion valuation by 2030 (Morgan Stanley, 2025), their legacy drives Mararu & Mararu to bridge historical principles with modern challenges. Whether you’re a STEM advocate, a startup founder, or a global player, we’re your legal crew, ready to secure permits, protect IP, and resolve disputes with our 89% win rate over 25 years. Ready to chart the legal cosmos? Book a consultation today and let’s shape your future among the stars.