International space law is governed by four primary treaties, beginning with the Outer Space Treaty of 1967. Elegant and enduring documents, they nonetheless face criticism – they largely do not anticipate commercial space missions. With the rise of new space, it is important to consider the interplay of private law and international space law, analyzing where private interactions may alter or antagonize the principles and regimes established by the international space law treaties.
Academics have analyzed how international transfers of spacecraft ownership on orbit may challenge the intersection of private law and international space law. However, with the rise of in-space servicing between private companies, a more nuanced question must be asked – how will international transfers of control in space challenge the international legal regime? This paper will examine international legal considerations of in-space servicing under the Outer Space Treaty, Registration Convention, and instruments of the International Telecommunication Union.