Extending private uniform law to outer space: The Space Protocol to the Cape Town Convention

This chapter discusses the benefits and difficulties of the Space Protocol to the Cape Town Convention. It first describes the rules in the Space Protocol, focusing on its features that are different from other protocols. The issues addressed are the definition of the space assets under the Space Protocol, rights assignment and rights reassignment of the debtor’s rights, identification of a space asset when registering an international interest created in it, the manner of enforcing international interests in a space asset and restrictions on it, and the relationship with other protocols. The chapter then examines the implications that the Space Protocol has had on the space law. While it has shed light on the private law aspect of the space activities for the first time in the development of the space law, the enforcement of international interests in a space asset, in particular taking possession of the space asset in orbit, can give rise to many complicated issues related to the jurisdiction, control and liability under the outer space treaties. Further, the chapter considers why the space industry has been indifferent to, and even critical about, the Space Protocol, by referring to the recent transformation of the space industry. It further argues that the international registry for registering private law titles in space assets is still valuable and that seeking the possibility to make the international registry in operation may make sense.