Space Law 2024

A New Era for Space

The space industry has undergone a significant transformation. From being predominantly state-run in the 20th century, it has evolved into a primarily privatised sector with a burgeoning number of commercial players. Since the dawn of the 21st century, space applications have expanded beyond terrestrial uses, encompassing communication services, remote sensing and GNSS technologies. Stakeholders now recognise the growing importance of in-orbit services for refuelling and maintaining space objects, as well as services conducted directly in outer space. Moreover, alongside scientific exploration, mining activities on celestial bodies are emerging, prompting international discussions on their regulation.

While a series of international instruments provide a legal framework for state activities and guidance for domestic legislation, strict harmonisation is lacking. States must therefore co-ordinate their practices to avoid disrupting one another. This includes the freedom to use and explore outer space, subject to certain conditions, and the responsibility of states to authorise and supervise their national activities in space. However, it also entails an obligation to consider the activities of other states, communicate mission details, and ensure that the use and exploration of outer space serves the common interest of humanity, fostering scientific, social, and economic progress.

Several states have established legal frameworks governing national space activities, such as the authorisation process for launching and operating space objects. In doing so, states must not only identify relevant activities but also anticipate future industry advancements. This includes considering evolving financing models, which increasingly involve public-private partnerships and investments, as well as accounting for technological risks and research and development needs.

Liability regimes are another crucial aspect of authorising space activities. States must assess and mitigate the potential risks their national operators may pose to other states’ objects or activities in space. This involves providing adequate support and legal certainty for national operators to ensure their activities are conducted safely, securely, and sustainably.

Different space activities, such as remote sensing or transportation, have distinct legal considerations and requirements. These encompass a wide range of areas, including intellectual property, information technology, personal data protection, cybersecurity, contract law, financing, sectoral regulations, and insurance. This is also a concern for states with operators developing new technologies and applications in orbit, or those involved in future activities like celestial body mining, which will face additional legal complexities. Additionally, states must establish co-ordination mechanisms for the use of radio frequencies, essential for remote communication, data transmission, and orbital positioning of space objects. Adhering to existing regulations, particularly those set forth by the United Nations Office for Outer Space Affairs and the International Telecommunication Union, is paramount in ensuring responsible and sustainable space activities.

While some states, including the US, Canada, and several EU and Asian countries, have well-established legal frameworks for space activities, others are new entrants with dynamic strategies and comprehensive legal, industrial, and investment support programmes.

Some states actively participate in multilateral discussions aimed at developing international legal instruments for space activities. Others, or even the same states concurrently, are working towards regional legal frameworks, as exemplified by the EU’s proposed EU Space Law.

The NewSpace era increasingly brings together stakeholders from diverse sectors, both within and outside the space industry. These participants hail from fields such as healthcare and life sciences, environment, energy, agriculture and food, mobility, and defence, each with unique legal needs and constraints.

NewSpace is also a data-driven economic landscape, necessitating the creation and management of multiple space data spaces that interact with non-space data spaces. This intricate interplay of data further diversifies the legal landscape, making it crucial to anticipate future industry needs and co-ordinate beyond traditional practices.

This guide aims to provide a concise yet comprehensive overview of these legal patterns in key countries worldwide. We extend our sincere gratitude to all contributors for their insightful contributions and to Chambers and Partners for their invaluable support in co-ordinating this landmark publication.

Sincerely,

The De Gaulle Fleurance team