For many companies, the motto ‘sky is the limit’ looks vintage. Companies such as Blue Origin, SpaceX or Virgin Galactic show that states no longer have the lead in space activities. This shift also impacts space law.
For decades, space exploration has been dominated by states, with major milestones achieved during the Cold War era, including sending the first humans into orbit and landing on the Moon. While primarily led by governments and their agencies, the space sector has witnessed a significant shift since the turn of the century, with private companies like SpaceX emerging as key players. These companies have revolutionised space operations by lowering costs and driving innovation, paving the way for thousands of startups to find their way into the space economy.
Randi Ayman and Güneş Ünüvar, postdoctoral researchers at the Luxembourg Centre for European Law and scientific organisers of the conference ‘Who leads the way in the new era of space? The new actors of international space law’ (15-16 May 2024), shed light on non-state actors in space, space debris, and the urgent matters legislators are facing in the realm of everyday space technologies.
What are space-based technologies, and how do they affect our daily lives? How do people benefit from these technologies?
Randi Ayman: “Space-based technologies refer to technologies that are developed for use in outer space or that rely on information collected through space-based assets, such as satellites, probes, and other systems orbiting Earth or venturing into deeper space. These technologies have a direct impact on our daily lives in many ways. For example, they enable all kinds of communication, from international calls to internet access in remote areas, to watching TV and making secure bank transactions. There are also the GPS satellites which help us find our way with navigation apps like Google Maps, take rides with location-based services using apps like Uber, get food delivery and track it via Wolt, or play games like Pokémon GO!. All these services are possible because of satellites in space that gather information and send signals to our devices, letting us stay connected.
We also benefit from space-based technologies in many novel ways. For example, weather forecast rely on data and imageries collected by remote sensing satellites that capture different information about the Earth’s atmosphere. Moreover, advanced satellites use artificial intelligence to deliver services such as agricultural planning, crop yield prediction, environmental monitoring, and disaster management. These advanced technologies allow early detection of natural disasters like wildfires or hurricanes more accurately, which helps us prepare for and deal with climate change. So, space technology isn’t just about exploring space; it also contributes to improving life on Earth.”
Given their far-reaching effects and use in modern society, what are some of the most important relevant legal questions? What should the legislators take into account?
Güneş Ünüvar: “Given how embedded space technologies and their uses are in our daily lives, it is only normal that there are many legal questions arising out of their use. First of all, international law on outer space activities has existed since 1960s in the form of a number of international treaties. They emphasise, among others, principles such as peaceful use and exploration of outer space, mutual cooperation and assistance, and prohibition of non-appropriation of celestial objects. The types of space activities we witness nowadays are much more advanced and varied when compared to those in the 20th century. The actors who conduct these activities have also changed. Traditionally, only states undertook activities in outer space. Today, we see an exponential growth in private entities operating in this domain.
One important consideration for states regarding outer space is undoubtedly national security, given the so-called ‘dual use’ of space assets and data. Outer space technologies have been historically developed by, or in collaboration with, militaries. Technologies such as earth observation and GPS had not always been commercial and publicly available. Commercialisation of such technologies gave rise to questions on how states can establish regulatory oversight of such critical data. As commercial actors engage in these activities, they develop their own technologies. This gives rise to questions relating to patents, licences, and intellectual property (IP). Features such as location tracking raise questions on privacy. Just like any critical technology and infrastructure, cybersecurity in space is a pertinent subject and a key consideration for states and actors in outer space. Cyberattacks targeting space assets or space-based data can have serious consequences. Last but not least, increased commercial activity in outer space means more launches and more space-based assets in outer space – which ultimately means more space debris.
These are all critical legal and policy questions. Overall, increased participation by commercial entities has generated an unprecedented wave of rule-making and regulation both internationally and nationally. Luxembourg is a prime example with its Law on Space Resources of 2017 and Law on Space Activities in 2020. That is why we believe this shift from state to private has many consequences for the future of outer space, and that’s why we decided to organise this conference.“
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Wednesday 15 MayConferences, Free of charge, In-person event, Virtual eventWho leads the way in the new era of space? The new actors of international space law
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What is the role of private actors, such as companies, in space activities?
Randi Ayman: “As mentioned, the involvement of private actors in outer space activities has grown significantly in recent years, and companies started playing an increasingly prominent role in outer space alongside government or inter-governmental agencies such as NASA or the European Space Agency (ESA). In fact, private actors include not only big companies but also many start-ups. These have seen their number substantially grow due to advancements in technology, reduced costs of space access, and the potential for commercial opportunities.
Operations of private actors in outer space cover a wide range of activities, most notably: launching services (send satellites, payload, and humans into space), satellite manufacturing and operation (designing, building, and operating satellites for various purposes, as mentioned before, including communication, navigation, and scientific research), Space exploration and mining (carrying out missions to explore celestial bodies like the Moon, asteroids, and Mars, as well as exploring the potential for mining to extract valuable resources) and, most recently, Space tourism.”
Who is responsible for their operations?
Randi Ayman: “While private companies drive innovation and commercialisation in space, they operate within regulatory frameworks established by states and are thus subject to licencing and authorisation processes to ensure the safety and sustainability of their operations in outer space. In principle, the responsibility of private actors in space is governed by international treaties and agreements, primarily the Outer Space Treaty and the Liability Convention. According to these treaties, States are responsible for authorising and supervising the space activities of private actors within their jurisdiction to ensure compliance with international obligations and national laws. Also, the State that launches a space object is internationally liable for any damage caused by that object on Earth or to other space objects.
That being said, the question of responsibility of private actors is much more complex. This is particularly so because space treaties were elaborated in the 60s and the 70s when the participation of private actors was not envisaged to be as crucial as it is today. This major shift in the space industry brings about numerous legal challenges to the current international space law framework regarding the regulation of private actors’ activities and their potential environmental impact in outer space and on Earth.”
What is ‘space debris’, and why is it an important issue?
Güneş Ünüvar: “Space debris is one of the most pressing issues about outer space. It generally refers to the accumulation of defunct space objects orbiting Earth, and the risks they pose to active satellites, future space operations beyond Earth, as well as Earth environment. According to NASA, there are more than 25,000 objects larger than 10 cm, and the number of objects between 1 and 10 cm in diameter is approximately 500,000. This number is as high as 100 million if we include all particles larger than 1mm. 9,000 metric tons of material was orbiting Earth as of early 2022, and this number goes up on a weekly basis.
The key problem with space debris is that the more debris there is, the more likely that collusions will take place in orbit. As the risk of collusion increases, the number of debris increases, and this is a vicious cycle. This could eventually envelope our planet with a debris cloud, and greatly limit our ability to become a space-faring species. Given how important outer space activities are to the functioning of modern societies, it is hard to overstate the catastrophic and immediate effects such an event would have on our lives and livelihoods.
To that end, there are many global initiatives working towards avoiding such a disastrous outcome and promoting sustainable use and exploration of outer space. There have been calls to adopt a so-called ‘circular economy’ model to ensure that outer space environment remains intact for future generations. States regularly discuss this issue under the auspices of the UN Committee on the Peaceful Uses of Outer Space (UN COPUOS). The ESA Zero Debris Charter is also an important initiative. There are also extensive stakeholder projects such as the Dark and Quiet Skies, by the International Astronomical Union. On top of it, we also see an increased sensitivity by national legislators who require debris mitigation plans by commercial operators who wish to acquire licences.”
