National Authorization of Private Launching Activities: Critical Components of a Commercial Launch License Framework

With the increase in private and government-contracted space activities, licensing is a reliable way for countries to manage authorization and continuing supervision of non-governmental actors by standardizing their compliance with international obligations while encouraging innovation in the private sector by setting expectations for engineering design, approval timelines, and procurement of capital. Emerging spacefaring countries, also under obligations to authorize their private actors, should create mechanisms to authorize their nation's non-governmental entities as multi-national launching activities become more common among the private space industry.This article discusses how nations authorize commercial space activities through regulatory licensing. States are expected to uphold international obligations set forth by the space treaties as applied to their non-governmental actors. Authorization for non-governmental space activities can be accomplished through prohibiting them, authorizing them on a case-by-case basis, and creating standards through a licensing procedure. Using the United States’ regulations on launch and re-entry licensing found in Title 14, Chapter III of the Code of Federal Regulations as a model, together with principles derived from international space law, this report will set forth five critical components for a launch license framework to ensure international compliance and national security. Licenses must (1) be required for any private actor’s launching activity which would classify the country as a launching State; (2) mandate some form of technical requirements for the launch; (3) provide a mechanism for managing financial responsibility; (4) allow for certain waivers in exceptional circumstances; and (5) be terminable by the government. The article will also examine the United States’ FAA Vehicle Operator License and the current issues in licensing space activities. Lastly, the article will discuss the path for authorizing private space activities and encouraging economic growth for emerging spacefaring countries.