1. Introduction

From enabling internet connectivity, to observing weather patterns on Earth, space is integral to critical infrastructure, communications, navigation, and many aspects of day-to-day life. More countries are looking to space to facilitate economic development, for instance, Earth monitoring capabilities to assess climatic factors, locate resources, prevent natural disasters, and improve agriculture. In the future, spacefaring countries may also seek access to precious metals or fuel sources in space to boost their economies, industry and scientific research. Space holds significant opportunities to drive economic and social development, while building up scientific expertise and international prestige.

An expanding private sector is seeking the benefits of space access, marking a shift away from the top-down approach of “old space” led by the governments of major spacefaring countries, such as the United States and the former Soviet Union during the Cold War.16 Emerging private companies present new opportunities for technology development and space exploration, boosting innovation. The development of reusable rockets, for example, marks a significant turning point in space exploration. The commercialization of space technologies has driven down costs, increasing the number of new entrants to space.

However, with the entry of new players, the orbital environment is becoming increasingly ‘congested, contested and competitive’.17 The space environment has over 27,000 catalogued pieces of debris in orbit, with many smaller particles that are difficult to track.18 Space is becoming a difficult operational domain to navigate. Moreover, geopolitical rivalries and inequalities on Earth risk being played out in the space domain in the quest for limited orbital slots and space resources. Emerging spacefaring nations and developing countries are entering a more challenging arena, in which the biggest players make the rules.

The 1967 Outer Space Treaty (OST) sets forth that the exploration and use of outer space is “for the benefit and in the interests of all countries”.19 However, the current approach to orbital slots is first-come firstserved. This, combined with the rapid rate of launches in major spacefaring countries, risks leaving other countries behind. At the current rate, it is only the wealthiest and most technologically advanced countries that have first access to resources in space.

Promoting equitable access to space is important to ensure peace and security. Space newcomers are also significant contributors to the international spacefaring community, offering new ideas and perspectives to overcome the many challenges in the domain. It is essential that we do not replicate in space the inequities on Earth, to ensure a peaceful province of humankind for all.

16 Wrench, John. (2019) Non-Appropriation, No Problem: The Outer Space Treaty Is Ready for Asteroid Mining. Case Western Reserve Journal of International Law 51(1), 437-462. https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=2546&context=jil 17 Eberhardt, Jeffrey (2019) Outer Space Increasingly ‘Congested, Contested, and Competitive’, United Nations, 25 October 2019. https://www.un.org/press/en/2013/gadis3487.doc.htm 18 NASA (2021) Space Debris and Human Spacecraft. https://www.nasa.gov/mission_pages/station/news/orbital_debris.html 19 Article I of the OST. https://treaties.unoda.org/t/outer_space