Abstract
Outer space may be the last domain where States largely lack the capability to use coercive force as an instrument of State control. In all areas of the globe, major powers have militaries and police forces that far exceed the capability of even the largest corporations. As corporations take an increasingly large role in outer space commerce it is likely that these private actors will develop a capacity to use force that quickly surpasses even the most powerful States.
To date there has been little analysis of this future phenomenon by legal scholars. Perhaps as a result, the current international law framework governing outer space is notably deficient to address the issue. This article will analyze the experience of the British East India Company as a case study where overly permissive State regulation allowed the military capacity of a private company to exceed that of many States. This article will draw from the lessons of that case study to project likely developments in outer space and will make recommendations for action.
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