“I Will Make It Legal:” From Palpatine to Article XVI, an Assessment of the Outer Space Tr

Research and Commentary

$Illustration depicting the potential withdrawal from the 1967 Outer Space Treaty. A fractured stone monument engraved with the treaty's title rests on a lunar surface, while a broken fragment labeled "Withdrawal Article XVI" lies nearby. Earth is visible in the background.$

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Graphic for “I WILL MAKE IT LEGAL” article

Illustration depicting the potential withdrawal from the 1967 Outer Space Treaty. A fractured stone monument engraved with the treaty's title rests on a lunar surface, while a broken fragment labeled "Withdrawal Article XVI" lies nearby. Earth is visible in the background, symbolizing the legal and strategic implications of treaty withdrawal for the future governance of outer space.

In “I Will Make It Legal:” From Palpatine to Article XVI, an Assessment of the Outer Space Treaty’s Withdrawal Mechanism,” Todd Pennington uses a memorable line from Star Wars to explore a serious and largely overlooked question in international space law: what happens if a state withdraws from the Outer Space Treaty?

Drawing on examples from the South China Sea, arms control agreements, and future activities on the Moon, the article examines the relationship between treaty law and customary international law. It also considers whether some of the foundational principles of space law would endure following treaty withdrawal and what that could mean for the future governance of outer space.

This article is an early pre-release ahead of the Sci-Fi Special Edition of the Journal of Space Law, published by the University of Mississippi's Center for Air and Space Law.

RESEARCH AND COMMENTARY

Research and Commentary

“I Will Make It Legal:” From Palpatine to Article XVI, an Assessment of the Outer Space Treaty’s Withdrawal Mechanism