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International Law

Oct. 21, 2019

Private parties can help space law blast off

Private actors like SpaceX can contribute to formal lawmaking by standing in the shoes of national governments — they can be lawmakers by attribution.

Melissa J. Durkee

J. Alton Hosch Associate Professor
University of Georgia School of Law

Yale Law School

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Private parties can help space law blast off
A Falcon 9 rocket. (New York Time News Service)

Space mining is no longer the stuff of science fiction, thanks to SpaceX, Google's Lunar XPrize and a raft of entrepreneurial companies the world over. But is it legal? Through "attributed lawmaking," business activity could help make it so.

Earlier this year, SpaceIL, a small Israeli company, launched a moon lander called Beresheet. SpaceIL began working on this mission years ago in a bid to compete for Google's Lunar XPrize -- a $...

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