Graduation Year

2025

Date of Submission

4-2025

Document Type

Campus Only Senior Thesis

Degree Name

Bachelor of Arts

Department

International Relations

Reader 1

Jean-Pierre Murray

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© 2025 Joshua T Morganstein

Abstract

The Space Treaty of 1967 has formed the bedrock of the international law governing outer space for nearly six decades. The legal regime it formed, however, now faces new challenges as both military and commercial activity in outer space continue to increase. States have identified outer space as a critical domain for national security, as space-based assets—most notably, satellites—enable military operations, communications, and economic activity. Moreover, technological advancements and renewed interest in the final frontier are engendering discussions about potential commercial resource extraction and the burgeoning space economy. The extent to which the Space Treaty regulates the use of outer space for military purposes and resource extraction is not only relevant, but also a subject of debate. Some scholars view the current legal regime—i.e., the lex lata—as fundamentally restrictive, while others advance a permissive construction. In light of this debate, I attempt to offer clarity by articulating arguments in favor of a permissive reading of the Space Treaty, as well as by defending the existence of a customary international right for states to use outer space for any non-aggressive military purpose. After demonstrating the permissive nature of the lex lata of outer space, this thesis promotes a vision of what the law ought to look like—i.e., the lex ferenda of outer space—in relation to impending militarization and commercial resource extraction.

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