Guest editorial

Against the broad background of existing “Earth law”, this article aims to provide an initial assessment of existing “Space law” to start the conversation about what is still needed from a legal perspective to best facilitate the ongoing “commercialisation of Outer Space”. This article considers the ongoing commercialisation of Outer Space primarily from a legal perspective, investigating the rol law (Earth law as well as Space law) and so-called “space lawyers” may be able to play in it. The focus of the article is to, first and foremost, raise some key questions that need (legal) consideration, without attempting to already provide answers to any of those questions. The article starts by addressing the relevance now of commercialisation of Outer Space and therefore the question asked in the title. It then goes on to briefly explore the existing Space law, highlighting separately the most relevant Space Treaties and Space Principles. Against that background, the article then reflects on what (if any) guidance this provides on the key concept of Space Property. In addition, the article also briefly addresses the 2001 Cape Town Convention on international interests in mobile equipment and explains why this convention, and in particular its Space Protocol, are also very relevant to consider in the context of the commercialisation of Outer Space. Finally, the article provides its initial assessment and ends with a number of concluding remarks.