Institutionalism and governance in outer space: the exploitation factor

Abstract

The present study examines the origins and development of international space law and the milestones that shaped the space race. It begins with the need to reframe the scarcely recognized contributions in specialized literature, such as those made by Pedro Paulet, as well as to contextualize the technological and legal processes that led to the consolidation of the corpus iuris spatialis. The research seeks to respond to the growing academic demand to systematize the historical and normative foundations that link science, politics, and law in the exploration and recent exploitation of outer space. The central objective is to identify and analyze the background surrounding the first phase of the exploration and use of space, the Moon, and other celestial bodies (1967), and the issues that constitute the second phase with its exploitation (2021). The methodology corresponds to a documentary and comparative analysis, supported by historical, legal, and academic sources, with a chronological and systematic approach characteristic of international space law. Additionally, it incorporates the contributions of global and regional conferences—such as the UNISPACE conferences and the Space Conference of the Americas—that have contributed to the configuration of mechanisms for international cooperation and the promotion of equitable access to the benefits of space activities. As the main results, an integral vision is expected to be achieved, one that recognizes the foundations of space institutionalism and governance, consolidating outer space as a realm of peaceful use and as the common heritage of humanity, while also addressing the challenges to be faced in the near future. Finally, a concise synthesis is presented regarding Peru and its national activities, as well as its multilateral and bilateral actions in the space domain.