INTRODUCTION
Space activities expand, exacerbated by private companies ushering in a new stage of space exploration and utilisation. We see advancements in commercial spaceflight, satellite deployment, and ventures related to space mining that offer progress and profit. These developments introduce new legal challenges that require global attention. The involvement of the private sector increases the need for a legal framework to regulate the commercialisation of space activities.
The UK Space Industry Act establishes the licensing, regulations, liabilities, and indemnities of the growing involvement in space[1]. The more actors involved, the more risk of damage to space. This poses a question of liability and compensation. The UN Liability Convention puts forth international rules and procedures applicable to liabilities for space object damage.[2] This entails satellites, spacecraft, space debris and potential damages like collisions, malfunctions, and other unintended harms to space assets or the Earth’s environment.
There is a growing effort to extract resources from space bodies such as asteroids, demanding the clarification of property rights. Effective laws are a necessity to avoid conflicts. The Outer Space Treaty states that celestial bodies are not subject to national appropriation[3]. Space activities should be aligned with the international laws set forth by bodies like the UN to ensure global peace, security, and cooperation. The UN Committee on the Peaceful Uses of Outer Space(COPUOS) is assembled to resolve the gaps in international space laws to enable smooth conflict resolution.
The increased space activities need not be bogged down by negative connotations. The potential to interfere and cause harm like radio frequency disruptions, satellite collisions, orbital congestions, and security threats can be tackled through a balance of interests amongst national security, foreign policy, and the interests of space-faring countries. The legal landscape must catch up to this acceleration of space activities. This in turn brings the role of lawyers into the limelight, as they will be shaping the future of space exploration. A rising demand for specialists in space law is a safe prediction. As career opportunities emerge, future lawyers must stay on the pulse of this rapidly expanding legal discipline.
THE RISING DEMAND FOR SPACE LAWYERS
The growth of the space industry is estimated to surpass $1 trillion by 2040, fuelled by private sector expansions like SpaceX, Blue Origin, and Starlink and increased investment from new space nations, such as India’s ISRO and the UAE’s Space Agency[4]. The legal challenges necessitate a framework that can regulate commercial space activities. As the risk of damages caused by space activity increases, questions about liability and compensation become inescapable. The extraction of resources from space bodies needs a clarified standard of property rights.
Space activities must be in congruence with international laws and not hinder the peace, security, and cooperation among nations. The increase in space debris further requires clear definitions and international agreements to parse parties liable for sanctions in terms of said debris left in orbit. In addition to all of this, concerns like a potential outer space arms race spring up. The evolution of space law ushers in an address of the new challenges.
Law experts must work to standardise legal terms, regulate space tourism, and tackle legal uncertainties. Extra-terrestrial reach, due to space being beyond the national borders, questions which country laws shall apply to these space activities. Intellectual Property Rights are applicable when space-based research and technological advancements are taken into consideration to ask the question about patents, copyrights, and ownership of inventions developed in space. The Rescue Agreement, of 1968 states nations are responsible for assisting astronauts in distress and to aid in their return to their home country. As space tourism increases, it begs the question, would such an agreement apply to non-government astronauts or commercial travellers?
Several legal concerns need to be addressed for sustainable and peaceful space endeavours which can promote economic opportunities and generate long-term benefits from space exploration, which is the prerogative of legal experts, thus highlighting the importance of their role.
THE NEED FOR AN INTERDISCIPLINARY APPROACH
There is a requirement for interdisciplinary expertise beyond traditional legal training. International law ties into space law in the realms of treaty interpretation, understanding UN principles, and the navigation of cross-border agreements. Commercial and Corporate law is required when taking into account the regulation of space businesses. Some investments to support growing private space companies require a framework to attain validity. There must be a comprehensive understanding of technology and engineering due to the heavy reliance on advancements such as satellite technologies, AI, and robotics in the domain of space. Environmental law is observed when tackling the issues of sustainability to prevent the contamination of celestial bodies. Further, rocket launches release carbon emissions and pollutants which could adversely impact our environment.
As space activities expand to new areas like resource extraction and space tourism, rulemakers must understand the diverse fields related to space law to maintain sustainable space developments.
KEY LEGAL ISSUES DRIVING THE FIELD’S GROWTH
Space mining is hindered by the international space laws that prohibit the national appropriation of celestial bodies. However, these laws remain ambiguous in terms of resource extraction, raising concerns as to who has the right to extract or profit from the resources found in space. Already, some nations have established legal frameworks to address commercial space activities. The liability for space collisions and debris is taken on by the Convention on International Liability for Damage Caused by Space Objects which sets up rules and procedures regarding the liability of launching states in terms of damage caused by space objects[5]. It is a complex undertaking to parse the damages incurred when satellites collide or space debris causes harm. There is a need to clearly define ‘space debris’ to formulate international agreements that establish sanctions for the leaving of debris in orbit.
The military use of space is undertaken by the Outer Space Treaty which prohibits nuclear weapons in orbit. The deployment of conventional weapons is not granted the same prohibition. Further, the development of anti-satellite technology requires careful consideration by the law-making bodies as this contravenes the concept of international cooperation. Potential human settlements on planets like Mars or the Moon do not have legal systems set out to govern such extra-territorial colonies as of yet. But it can be assumed that there will be a consideration of human rights and freedoms. AI or autonomous spacecraft possess dubious responsibilities when it comes to liabilities. It is not clearly explained who renders accountability for the decisions made by AI in space. As it becomes more prevalent, legal frameworks will be required to address this concern.
CONCLUSION
Dynamic and promising is the uncharted realm of space law attributed to the expansion of space activities and technological advancements. These proffer novel legal challenges like commercial spaceflight, satellite deployment, and space mining that emphasise the vital role of space lawyers. The exponential growth of the space economy that is predicted will further require experts in space business.
Private space exploration will require special legal expertise to establish the regulations and liability issues. As more countries develop their space programs, it amplifies the necessity of international legal frameworks and cross-border agreements. Many legal questions such as resource ownership, space debris liability, military space use, governance of extra-terrestrial settlements, and accountability of robotics remain unresolved.
In this way, the future is in the hands of space lawyers to develop peaceful, sustainable, and equitable space activities. As humanity expands its domain, the laws have to keep up.
Author(s) Name : Annabel Zomuanpuii (Amity University, Noida)
References:
[1] Halunko V, Space Law: The Present and the Future (n.d.) https://www.researchgate.net/publication/335595976_Space_Law_the_Present_and_the_Future accessed 19 February 2025
[2] United Nations Office for Outer Space Affairs, International Space Law: United Nations Instruments (n.d.) https://www.unoosa.org/res/oosadoc/data/documents/2017/stspace/stspace61rev_2_0_html/V1605998-ENGLISH.pdf accessed 19 February 2025
[3] United Nations Office for Outer Space Affairs, Access for All: Space Law and Regulations https://www.unoosa.org/documents/pdf/psa/hsti/SpaceLaw/Access_for_All_webinar_SpaceLawandRegulations.pdf accessed 19 February 2025.
[4] University of Mississippi School of Law, Journal of Space Law (n.d.) https://airandspacelaw.olemiss.edu/pdfs/jsl-34-2.pdf accessed 19 February 2025
[5] United Nations, Convention on Registration of Objects Launched into Outer Space (adopted 12 November 1974, entered into force 15 September 1976) 1023 UNTS 15 https://www.faa.gov/about/office_org/headquarters_offices/ast/media/Conv_Regi_Objects_Launched.pdf accessed 19 February 2025.
