State Silence and International Space Law

This Chapter focuses on the legal implication of State silence in international space law. The analysis proceeds chronologically by presenting three main topics: the emergence of the fundamental principles of space law, space mining, mega-constellations, and anti-satellite weapons. State silence is particularly important for the development of the space law regime: Since its inception, space activities concentrated around a few states and non-state actors, prompting the reaction of other states towards the identification of customary rules. More recently, subsequent practice and subsequent agreements of all state parties became particularly relevant for the interpretation of the main multilateral treaties that go back to the 1960s. This Chapter aims at describing the practice of States and scholarship on State silence in the context of the interpretation of treaties and the identification of customary international law.