Today is the start of our series of podcasts based upon presentations at the just-completed 30th Annual National Security Lawconference and, wow, we have a terrific video to kick-off the series: “The International Law of Outer Space”
The presenter is Professor Chris Borgen, theCo-Director of the Center for International and Comparative Law at St. John’s University School of Law; and a “core expert” for the “The Woomera Manual on the International Law of Military Space Operations” (2024).
Besides being a world-class scholar, Chris is a truly gifted teacher. In less than an hour he somehow is able to provide: a) fascinating primer on the law of outer space; b) some mind-boggling examples recent developments in space technology; c) a discussion of some of the challenges raised by military space activities (including law of armed conflict issues); and d) some reflections about the future and what is necessary to keep the U.S. as a leader in norm development.
Among his insightful observations is this:
“I think that one of the key things about military space activities is thinking about its interaction with other technological innovations: cyber, AI, hypersonic weaponry, and so on. And that space is going to be playing primarily a support role for the foreseeable future for terrestrial warfare.
It is not going to be about warfare in space, specifically about areas of space, or holding something on the moon, or what have you. It’s going to be about the role that space plays in relation to naval, land warfare, and air activities. For the day after tomorrow, I don’t know”
Chris points out:
“As**has been said many times, space is congested, competitive, and contested. But what I’m trying to emphasize is, besides that line, which has been used many places, including in various US government documents, is that so are efforts to regulate space activities. There are attempts by many different countries to think about what the regulations should be, and to try to say what they are.”
“So to a certain extent, it’s competitive. In some areas it’s congested. We’re going to talk about the overlap of regimes, of treaty regimes over particular areas of activities. And it’s contested. There are disagreements over what space law should be.
“And when I say space law, I mean, that writ largely. What should regulations in relation to activities that include activities in space or through space, what should they be? Which is why, as I was saying, it’s so important to maintain expertise in this.”
Seriously, I don’t think there is a better 50-minute presentation anywhere on this topic. You will definitely learn a lot. My bet is that many teachers across the country (world?) will make this video mandatory viewing for their classes.
Believe me, you’ll want to watch this one (and, yes, this one is better watched).
The views expressed by guest authors do not necessarily reflect my views or those of the Center on Law, Ethics and National Security, or Duke University. (See alsohere).
Remember what we like to say onLawfire ® : gather the facts, examine the law, evaluate the arguments – and then decide for yourself!
Watch this space for additional podcasts from the conference. Some presentations, however, were for attendees only, so save the date to attend LENS 31 set for 27-28 Feb 2026
Related