Empire by Proxy: Private Actors and De Facto Expansion of Sovereignty in History and Space

Outer space is increasingly used to expand and entrench State power due to a legal framework that proclaims universal freedoms while enabling de facto domination by actors with existing capital and technological capacity. This dynamic is visible in the U.S.’ expanding space infrastructure and growing monopolisation of Low Earth Orbits (LEO), which has been greatly accelerated by its private enterprise and which threatens equal access for other space actors. This paper traces the historical and symbiotic relationship between States and private actors in appropriating extraterritorial areas and resources, and the role that international law played in enabling, legitimising and entrenching such practices. Drawing parallels with historical accounts of private-turned-public appropriation, it highlights how private actors were pivotal in extending and amplifying State power. It then examines how similar dynamics and colonial rhetoric have returned to be applied to outer space, where ongoing State practice and legal developments risk following a similar pattern of facilitating and entrenching domination by States with current space capacities.