Saliternik & Shlomo-Agon: Different Frontier, Same Legal Script? On the Course of Replicating Earth's Patterns in Space

Michal Saliternik (Netanya Academic College - Law) & Sivan Shlomo-Agon (Bar-Ilan Univ. - Law) have posted Different Frontier, Same Legal Script? On the Course of Replicating Earth's Patterns in Space (Modern Law Review, forthcoming). Here's the abstract:

As states and private actors expand their activities in outer space, the international legal framework governing this domain risks extending longstanding structures of global inequality beyond Earth. This article examines how international space law, shaped by a broader disciplinary pattern of reactive legal development, is poised to reproduce terrestrial disparities in the extraterrestrial realm. Drawing on parallels across international legal regimes, it demonstrates how reactive governance often disadvantages less powerful actors through various interlocking mechanisms: transforming early movers' advantages into legal prescriptions; enabling unilateral norm-setting amid international legal voids; shifting environmental burdens onto latecomers; sidelining equity concerns during crisis-driven lawmaking; and discounting foreseeable-yet-distant risks disproportionately borne by vulnerable populations. By tracing these distributive dynamics, the article underscores the need and possibility for more proactive alternatives in space governance. Though the window for action is narrowing, space law still retains enough plasticity to be reoriented before current inequalities become legally entrenched.