Thought-Provoking Case Studies in Space Law
On national appropriation of space, space sustainability, and reflective mega-constellations.
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A compilation of the most exigent considerations for the future of space.
Is space really for everyone?
Article II of the 1967 Outer Space Treaty states:
Outer space… is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.
We may have already breached this treaty “by other means” through the monopolization of orbital shells and radio frequencies.
Despite the apparent abundance of the Low-Earth orbit (LEO) environment, fast-moving satellites, mega-constellations with thousands of satellites, tracked space debris, and untracked space debris are rapidly crowding the space. LEO is a prized resource. As national companies saturate orbital shells, they may be appropriating the space. Developing nations without the current capability to launch satellites into LEO may soon lose the opportunity to do so. This imposes a border between nations - not only of space but also of time.
Radio frequencies for satellite purposes are also considered a limited resource. The International Telecommunication Union’s (ITU) guidelines have created opportunities for actors to take radio frequencies with possibly fraudulent intent.
In 2021, Rwanda made headlines in the space industry by requesting spectrum for 327,320 satellites - about 50 times the number of operating satellites. This is an interesting proposal coming from a country without an established space industry.
This filing showcases one of the weaknesses in the ITU system, which may incentivize behaviors such as selling radio frequencies and restricting other actors from obtaining this spectrum.
How can space be preserved?
Space may seem like an inexhaustible resource, much like the land and oceans on Earth once seemed inexhaustible.
The issue of space sustainability is long-standing, and it will continue to be a pressing consideration for generations to come.
Rocket launches and re-entries, including “environment-friendly” reusable re-entires, threaten the ozone layer.
Re-entering satellites leave aluminum particulates, which impact Earth’s albedo and upper atmosphere.
Satellites and mega-constellations of satellites are crowding LEO. Space is a unique environment in that each object, regardless of its on-board capabilities, can be considered a weapon due to the risk of collision. The Kessler effect predicts a catastrophic scenario where the amount of space debris in LEO triggers cascading collisions, making it near impossible to continue launching satellites. Significant collisions in LEO would impact every satellite and space company.
With the number of launched objects increasing more than 1,000% between 2016 and 2023, issues of space sustainability must be examined with more urgency by both company and state actors.
Michael Byers and Aaron Boley summarize the implications of rocket launches with this chilling quote:
There is no such thing as a “green” rocket. At best, there is an environmental budget, so to speak, of launches that the Earth-Space system can handle before human activity will have a large disruptive effect. At worst, that threshold has already been reached.
A recent exciting development came with the first space debris fine in history, issued to a company that failed to properly dispose of a defunct satellite. This sets an excellent precedent for future space debris cases.
How can we limit the adverse impacts of reflective mega-constellations?
Mega-constellations have greatly affected connectivity, providing telehealth, remote learning, and other information to remote areas without appropriate ground-based infrastructure.
However, the reflective materials of mega-constellations disrupt the dark night sky. This impacts cultural heritages and traditions. It additionally disrupts astronomical observations.
A paper published in Nature Astronomy claimed to discover a gamma-ray burst in an old galaxy. This observation was later found to be the result of reflective manmade space material.
The International Astronomical Union predicts that 30-40% of wide-field telescope observations may be impacted by the satellite deployment in the near future.
Other Interesting Topics
How do we determine liability for space collisions? How does this process change when considering AI-driven spacecraft?
What are the standards for cybersecurity risk identification, risk analysis, and risk mitigation in space?
Do we have a human right to view dark skies?
How will our human rights change, if at all, when we reside on a lunar base?
Why does the launching state bear all of the responsibility from an international law perspective, even if the space object is later sold to another state?
What are the expectations for companies to improve Space situational awareness (SSA)?
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