When Space Becomes a Limited Resource: A Revival in Space Law

When you’re doom scrolling on TikTok or emailing your teachers about a homework grade, you’re probably not thinking about the satellite that might be giving you online connectivity or any of the other 10,000 active satellites in orbit. However, there are 3,000 defunct satellites in space which are contributing to the immense increase in space debris in the last two decades— with an increase from a 75 percent spacecraft versus 25 percent debris ratio in 2016 to a 62 percent spacecraft versus 38 percent debris ratio in 2022. Space debris are obsolete human-made objects such as satellites or rocket parts and were first released after the Soviet Union’s launch of Sputnik I in 1957. However, the recent accumulation is due to an increase in launch traffic from the emergence of non-government entities in the space industry and necessitates stronger global cooperation to preserve the outer space environment for the next generations.

These non-governmental entities are private companies that through factors like decreased costs for launch and the potential to innovate products and services on Earth using space allure entrepreneurs to invest in this industry. The aftermath is renowned companies like SpaceX and Blue Origin exploring the fruitful potential outer space has to offer— and a projected growth of $1.17 trillion by 2035 for the commercial space industry.

This growth was both positive and detrimental in terms of space sustainability. According to The United Nations Office for Outer Space Affairs, long-term space sustainability preserves the outer space environment which maintains space activities indefinitely into the future. As seen with space debris, there is a space sustainability paradox where the use of space to benefit humans on Earth becomes unsustainable due to the growth of the commercial space industry. Concern for sustainability has driven innovation for many businesses. However, in the current economic climate, it has been much slower to be integrated into the space industry due to weak legislation, wrote two researchers from the Aerospace Centre of Excellence. 

The weak legislation is particularly important to address debris as it poses a multitude of risks. For example, it can travel several times faster than a bullet and may crash into satellites or jeopardize missions if they crash into spacecraft. 

Space law has recently begun to revive due to the emergence of private entities in outer space, the growth of space debris, and potential attempts to move the arms race into outer space. Previously it was stagnant due to impasses between countries where agreements to develop international space law further could not be produced. It is based mainly on a set of treaties negotiated during the 1960s and 1970s intended to address issues preemptively when space activities were performed by government entities. Legal issues in space activities are not developed enough to be ready for formal rulings which is why space law is not based on court or legislative determination.

However, a current issue with creating additional international regulations for space law is that it necessitates cooperation between countries with hostile relationships. For instance, from a political perspective, China, Russia, and the U.S are attempting to position themselves strategically to be the major global space power. The resulting weak legislation has led to a lack of accountability for irresponsible behavior from the space industry— namely the dramatic increase of space debris.

That being said, responsibility still exists under international law when one country’s actions affect the rights of another. Particularly, under the Outer Space Treaty, nations are responsible for space activities conducted by non-governmental organizations to ensure proper supervision and the treaty has legally never been violated. 

Space law and sustainability frameworks are a reflection of how climate governance and maintaining an environment for  future generations requires cooperation, responsibility and contributions from both private and public sectors to involve a diverse range of voices as they develop. 

In particular, reflecting on the past of climate governance law, youth advocacy may become a significant factor in the future to maintain space sustainability. The empowerment of the youth in space policy is crucial to provide access to the benefits of outer space to the future generations. Today, innovations like satellites affect the youth more than ever— we depend on them for every doom scroll and email. This only further necessitates effective solutions for harm to space, like the accumulation of space debris. Advocating globally can help motivate governments to continue collaborative efforts to govern space, ensuring sustainable access to the materials space can provide.