ABSTRACT

At times when international law-making is confined to adopting non-binding guidelines, recommendations and standards, national space legislation gains importance. Non-binding international instruments pertaining to space sustainability and environmental protection may become binding for commercial operators through provisions in national space law or through conditions in individual licences. The chapter reveals how national space legislation may promote the progressive development of international environmental and space law by setting requirements at national level which are more ambitious than at international level. National law makers and licensing authorities could even consider setting incentives for more sustainable use of outer space, namely when determining individual conditions on liability and insurance. Operators implementing measures on space sustainability which go beyond the conditions for authorisation may be subject to lower liability burden and associated insurance obligations.