Sovereignty without territory: the militarization of space and the limits of contemporary international law

Abstract

This article examines how the militarization of outer space has transformed the traditional concept of sovereignty and exposed the structural limitations of contemporary International Law. Using a qualitative and comparative methodology, the study analyzes the legal framework established by the 1967 Outer Space Treaty, the impact of emerging technologies such as anti-satellite (ASAT) systems, mega-constellations, and dual-use technologies, as well as the space power models developed by the United States, China, Russia, and India. The article argues that outer space has evolved from a domain primarily associated with scientific cooperation into a strategic infrastructure essential for national security, technological autonomy, and international power projection. In this context, sovereignty no longer depends exclusively on territorial control, but also on the functional dominance of orbital infrastructure and technological networks. The findings demonstrate that the traditional principles of International Space Law, while formally still in force, are increasingly inadequate to regulate these emerging dynamics, generating regulatory gaps and challenges of attribution of responsibility. The study concludes that preserving the effectiveness of International Law requires more flexible and multidimensional governance mechanisms capable of adapting to a highly competitive and increasingly multipolar space environment.