Space exploration and the commercialization of space activities are creating the next frontier for legal regulation. Travel beyond the Earth’s atmosphere was once the province of only the most powerful sovereign entities, but now private enterprise is involved in launching satellites into space and stands at the forefront of commercial human space flight. Moreover, the number of nations engaged in space activities has increased substantially, and the evolution in space travel that will occur within the private sector during the 21st century will be extraordinary.

Consider what is occurring today. Private entities manufacture rockets, satellites and spacecraft; they are poised to acquire launch platforms, such as the space shuttle launch pad at Kennedy Space Center; and they are already providing opportunities for space travel on government-operated space flights. The current legal structure of space law does not regulate these activities in a manner similar to other industries and commercial enterprises, raising the question of whether principles of products liability law can and should serve as a basis to regulate risk, provide consistency and predictability in resolving legal disputes, establish safety standards, and serve as the means for compensation in the unfortunate event of damage or injury.

A Brief History

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