2. International Legal Framework

2. International

Legal Framework

pace is essential for critical infrastructure, national security, S transport, trade and logistics, not least the everyday activities of citizens, such as access to Global Positioning System (GPS), television and the internet. Access to space has the potential to boost countries’ economic development, in climate monitoring, resource location and mitigating natural disasters. Space programs may bring wider socioeconomic benefits in the form of workforce upskilling, industry growth, scientific research and international status. The existing international legal framework comes from several sources, including the United Nations Office of Outer Space Affairs (UNOOSA), the UN Committee on the Peaceful Uses of Outer Space (COPUOS –see box on right) and five UN space treaties, including the Outer Space Treaty (OST – see section below). The following frameworks were established in the aftermath of the Cold War and have not adapted to the rapidly evolving space domain. The costs of space programs have decreased due to rapid commercialization and miniaturization. Formerly the size of a garbage truck, sophisticated satellites are now often smaller than a microwave.23 Today’s systems are cheaper to design, manufacture and launch. For example, the SpaceX Falcon offers competitive launch costs at less than $1,300 per pound of payload.24 The cost of NASA launch vehicles from a decade ago cost an average of $30,000 per pound of payload.25 A growing number of actors are able to assemble modular CubeSats for launch by private companies.

However, significant barriers to space access remain to developing countries, which combined with rapid commercial

UN Space Governance

The United Nations Office of Outer Space

Affairs (UNOOSA) was founded in 1958 to establish an international governance framework for space activities. Since 1962, UNOOSA has maintained a registry of objects launched into space26 .

The UN Committee on the Peaceful Uses of

Outer Space (COPUOS) was formed in 1959 to “govern the exploration and use of space for the benefit of all humanity”.27 COPUOS is responsible for drafting and implementing the five UN space treaties (see section below).

23 Davenport, Christian. (2021) The revolution in satellite technology means there are swarms of spacecraft no bigger than a loaf of bread in orbit. The Washington Post, 6 April 2021. https://www.washingtonpost.com/technology/2021/04/06/small-satellites-growthspace/ 24 Sheetz, Michael (2022) SpaceX raises prices for rocket launches and Starlink satellite internet as inflation hits raw materials. CNBC. 23 March 2022. https://www.cnbc.com/2022/03/23/spacex-raises-prices-for-launches-and-starlink-due-to-inflation. 25 Ibid. 26 UNOOSA (2022) United Nations Register of Objects Launched into Outer Space. https://www.unoosa.org/oosa/en/spaceobjectregister/index.html 27 UNOOSA (2022) Committee on the Peaceful Uses of Outer Space. https://www.unoosa.org/oosa/en/ourwork/copuos/current.html

growth in major spacefaring countries could generate long-term imbalance in the space community.

The orbital environment is becoming increasingly ‘congested, contested and competitive’.28 Orbital debris already poses a threat to space activity, with the Kessler Syndrome predicting that pieces of debris could multiply far more rapidly than they can be removed from orbit.29 It is in this risky environment that a growing number of actors seek access to Geostationary Orbit (GEO), while considering the future potential for space resource extraction.

Geopolitical competition and rivalry could shape the future of space, amplified by the dual-use nature of many space technologies, which can be used for both military and civilian purposes. There is a pressing need for international rules and norms to prevent harmful behavior and ensure that space remains accessible for exploration by all humankind. This chapter analyses the international legal framework in relation to equitable access to GEO. The overarching goal is to map the key principles and treaties, as well as some of the lacunae in international law, to assist future research overcome the practical challenges to equitable access to space. It is also the general aim of this report to inform industry, policymakers and government decision makers in countries seeking greater access to space.

The following sections present the key principles in international law regarding access to GEO, the gaps within the current international legal framework for space, as well as the key sources of tension among major spacefaring countries and other nations. The final section of this chapter offers some of the areas for further research outlined in the analyzed literature. This study also identified issues relating to international law and future resource extraction in space, which will be published in a separate, forthcoming document.

28 Eberhardt (2019). 29 Retter, Lucia, James Black & Theodora Ogden. (2022) Realising the Ambitions of the UK’s Defence Space Strategy: Factors Shaping Implementation to 2030. RAND Europe. https://www.rand.org/pubs/research_reports/RRA1186-1.html