Recent developments in Outer Space Activities and the future of International Space Law
Space exploration has entered a new era and developments in space technology over the last decade, particularly those of a commercial nature. We have seen entities such as SpaceX, Blue Origin and Virgin Galactic with developments that although should be celebrated for their innovation, come with a number of challenges for lawyers and policy-makers. For example, how do we govern outer space and space traffic: the management of resources and information collected in space by States and commercial parties; liability when accidents happen; what dispute resolution and governance regimes there should be for parties working or operating in the area and how disputes are to be effectively resolved.
Today, the law governing outer space activities is based on international law, conventions, treaties, and space diplomacy. The United Nations Office for Outer Space Affairs (UNOOSA) is the UN body dedicated to promoting international cooperation among States in the exploration and peaceful use of outer space. The definition of space law by UNOOSA is “...the body of law governing space-related activities and comprises a variety of international agreements, treaties, conventions and the United Nations General Assembly resolutions as well as rules and regulations of international organizations”. Space-related activities have a rather broad definition as they can include objects launched into space, the collection and sharing of data and information related to outer space, the use of space-related technologies on Earth and in orbit, as well as the collection and use of resources from space (e.g. from the celestial bodies including the Moon). The current body of international space law, mainly the Outer Space Treaty of 1967, was established during the early era of space exploration and focuses mainly on the peaceful use and exploration of outer space by nations. However, with the advent of new technologies and the increasing commercialization and militarization of outer space, there are growing concerns about the adequacy of these legal frameworks to handle new power structures in outer space.
The SpaceX Dragon berthing with the ISS during its final demonstration mission, on 25 May 2012. The Dragon is one of the first commercially developed resupply craft to service the International Space Station Image courtesy of NASA
The History of International Space Law
The history of space law dates back to the late 1950s, when the Soviet Union launched the first satellite, Sputnik 1, into orbit. This event marked the beginning of the Space Age and the realization of the potential benefits and challenges posed by the exploration and use of outer space. In response to these developments, the international community began to consider the legal framework necessary to govern the use of outer space. In 1959, the United Nations established the Committee on the Peaceful Uses of Outer Space (COPUOS), which was tasked with developing international agreements and recommendations on the peaceful exploration and use of outer space. The first international agreement on space law was the Outer Space Treaty of 1967, which established the basic principles of space law and was later supplemented by additional agreements such as the Rescue Agreement, the Liability Convention, and the Registration Convention.
The “NewSpace” Economy
The "NewSpace" economy refers to the growing commercial space sector, which encompasses a wide range of activities including satellite launches, space tourism, and the manufacture and sale of space-related products and services. The term "New Space" is often used to distinguish this new era of space commerce from the traditional state-led approach to space exploration and development. This new space economy is being driven by technological advancements, declining space access costs, and increasing demand for satellite-based services and products. Private companies are now leading the way in the development of new technologies and innovations in the space industry, and investment in the space sector has grown significantly in recent years. The growing demand for internet and satellite broadband, ground equipment and the interest of the public sector will entail an estimated three-fold growth in the space economy in 20 years, going from a global value of US$350 billion (in 2016) to over US$1 trillion by 2040. The new space economy has the potential to bring about major benefits, including new and improved satellite-based services, reduced costs for accessing space, and the creation of new jobs and economic opportunities. However, it also raises new challenges, such as the need for updated legal frameworks to govern commercial activities in space and the mitigation of space debris.
This series forecasts the pressing need to tackle of space debris by both best-practice disposal, and active debris collection. Graphic courtesy of European Space Agency.
The Militarization of Outer Space Activities and the War in Ukraine
Another growing issue in the past years has been the militarization of outer space activities. In response to the potential threats to the peaceful use of outer space, the United Nations General Assembly established the Open-Ended Working Group on the Prevention of an Arms Race in Outer Space (PAROS) in 2016. The main objective of the PAROS Working Group is to negotiate and conclude a legally binding instrument or set of instruments to prevent an arms race in outer space and to ensure the maintenance of international peace and security.
The ongoing conflict in Ukraine has the potential to impact the peaceful use of outer space. Russia's war of aggression against Ukraine has shown how satellite data and signals are affecting the resilience of government systems in Ukraine such as communication systems and military intelligence, as well as, supporting new applications using space-based data, for example, open-source intelligence for reporting purposes. Another threat exposed by the war is the vulnerabilities of space systems and the threats that come with them, notably: the disruption of satellite communications, and navigation systems as well as the fragile nature of space infrastructure to malicious acts and orbital threats. The war in Ukraine has the potential to cause interference with these systems, which could have significant impacts on global navigation, communication, and commerce. The current geopolitical tensions emphasize the growing need for international cooperation in outer space activities, especially in regard to the monitoring and management of the use of orbital resources and the avoidance of a “space war”.
What is there to expect for the future of Space Law?
The future of space law will likely involve the development of a comprehensive and updated legal framework to address the increasing commercialization and militarization of outer space. This framework will need to address a range of issues such as the allocation of resources, the protection of satellite communications and navigation systems, the liability for damages caused by space objects, and the prevention of an arms race in outer space. One key aspect of the future of space law is the need for an effective international dispute settlement system. With increasing commercial and military activity in space, there is a growing likelihood of disputes arising between nations and private actors. The lack of a reliable and impartial dispute resolution mechanism could lead to instability and unpredictability in the use of outer space.
Potential options for an international dispute settlement system include the International Court of Justice, ad hoc tribunals, and specialized space courts. However, the development of an effective international dispute settlement system will require the cooperation and agreement of nations and stakeholders and may take some time to be established. In conclusion, the future of space law demands a robust and updated legal framework to ensure the peaceful, responsible, and sustainable use of outer space for the benefit of all humanity. The establishment of an international dispute settlement mechanism will play a crucial role in ensuring stability and predictability in the use of outer space.