Article Title
The Sky is Not The Limit: A Review of U.S. Space Transportation Law from a WTO Perspective
Abstract
This paper analyzes the compatibility of the Commercial Space Launch Act, as part of the US regulatory regime applicable to space transportation, with the law of the World Trade Organization through a discussion of the U.S. legislative efforts in the field of space-related activities and in light of the WTO Members‘ obligations as to measures affecting trade in services. The paper justifies the linking of space law to the regulatory regime of the World Trade Organization and explains the importance, in both the international and national contexts, of identifying space launch as an air or space service. The paper argues that U.S. space transportation law may violate the WTO‘s principle of MFN and the same is not excused under the GATS general exception clause. Therefore, the paper concludes that the U.S. CSLA needs to be modified and brought into compliance with WTO law to avoid potential international trade disputes in the field of space transportation.
Recommended Citation
Leonardi, Fabio
(2011)
"The Sky is Not The Limit: A Review of U.S. Space Transportation Law from a WTO Perspective,"
Indian Journal of International Economic Law: Vol. 4, Article 8.
Available at:
https://repository.nls.ac.in/ijiel/vol4/iss1/8