World’s first private spacewalk sparks legal concerns under Outer Space Treaty

On Thursday, September 12, the world’s first private spacewalk took place 1,400 kilometers above Earth, featuring billionaire Jared Isaacman and SpaceX employee Sarah Gillis on Polaris Dawn. While this milestone in space exploration was celebrated by many, including SpaceX CEO Elon Musk, it may have violated international space laws, potentially making it a “space crime,” according to IFL Science.

Potential violation of the Outer Space Treaty

The mission, known as Polaris Dawn, could be in breach of the 1967 Outer Space Treaty, signed by 111 countries. Tomasso Sgobba, executive director of the International Association for the Advancement of Space Safety, expressed concerns to Al Jazeera about a violation of Article VI of the treaty. This section holds states accountable for space activities conducted by non-governmental agencies within their jurisdiction.

The treaty explicitly states that “States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty.”

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“The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty,” it added

Since SpaceX is an American company, the United States is technically responsible for the Polaris Dawn mission under international law. However, no US governmental body has taken clear responsibility for the mission’s safety or compliance with the treaty.

The Federal Aviation Agency (FAA), responsible for regulating commercial spaceflight, stated that federal law prohibits it from regulating occupant safety during private human spaceflights. While the FAA can approve rockets and spacecraft, it lacks the authority to certify the safety of private missions.

“Under federal law, the FAA is prohibited from issuing regulations for commercial human spaceflight occupant safety,” the Federal Aviation Agency told Al Jazeera. 

For now, the US is not facing any immediate legal action. However, as private space exploration continues to grow, it may prompt a need to revisit and amend the Outer Space Treaty. With future missions potentially targeting the moon or even asteroids, the evolving landscape of space travel could lead to new legal frameworks governing private space activities.