Law and Policy Considerations

Law and Policy Considerations in the Space Industry

The space industry is subject to both legal and policy considerations that must be understood in order to make informed decisions in the industry. This essay will provide an overview of the space industry, followed by a discussion of the key international and national laws, regulatory frameworks, and government policies that impact the industry. Finally, it will conclude with a discussion of some of the industry-specific policies that have been adopted by leading space companies.

Overview of the Space Industry

The space industry can be broadly divided into three main segments: government, commercial, and civil. The government segment includes all space-related activities undertaken by government agencies, such as exploration, research, and defense. The commercial segment includes all space-related activities undertaken by private companies for profit, such as satellite manufacturing and launch services. The civil segment includes all space-related activities undertaken by non-profit organizations and individuals, such as amateur astronomy and education.

The global space industry was valued at $383 billion in 2019 and is expected to grow to $1.1 trillion by 2030. The majority of the industry is concentrated in the United States, Europe, and China. The United States is home to the largest space agency in the world, NASA, as well as the largest number of commercial space companies. Europe is home to the second largest space agency in the world, the European Space Agency (ESA), as well as a large number of commercial space companies. China is home to the third largest space agency in the world, the China National Space Administration (CNSA), as well as a rapidly growing commercial space industry.

International Law

There are four key treaties that form the basis of international law in the field of outer space: the Outer Space Treaty of 1967, the Moon Agreement of 1979, the Liability Convention of 1972, and the Registration Convention of 1975. These treaties are administered by the United Nations Office for Outer Space Affairs (UNOOSA).

The Outer Space Treaty of 1967 is the most important of these treaties. It establishes the legal framework for the exploration and use of outer space. It prohibits any nation from claiming sovereignty over any part of outer space, and declares that outer space is to be used for peaceful purposes only. It also establishes rules for the peaceful co-existence of nations in outer space, and sets forth principles for liability in case of accidents.

The Moon Agreement of 1979 builds on the Outer Space Treaty by establishing rules for the exploitation of natural resources on celestial bodies. It declares that any exploitation of resources must be for the benefit of all humanity, and prohibits any nation from claiming sovereignty over any part of a celestial body. It also establishes rules for liability in case of accidents, and requires nations to cooperate in rescue and recovery operations.

The Liability Convention of 1972 establishes rules for liability in case of accidents involving spacecraft or other objects in outer space. It provides for strict liability in case of damage caused by a spacecraft, and requires nations to cooperate in rescue and recovery operations. It also establishes a regime for optional insurance.

The Registration Convention of 1975 requires nations to keep a registry of objects launched into outer space, and to make this information available to other nations. It also requires nations to notify other nations in case of a collision or other accident involving a spacecraft.

In addition to these four treaties, there are also a number of other international agreements that relate to outer space activities. These include the Rescue Agreement of 1968, which establishes rules for cooperative rescue operations; the Space Liens Convention of 1971, which establishes rules for priority of claims in case of bankruptcy; and the International Space Station Intergovernmental Agreement of 1998, which governs the operation of the International Space Station.

National Laws

In addition to the international treaties discussed above, each nation has its own laws governing space activities. These laws vary from country to country, but typically establish rules for licensing and regulation of space activities, liability in case of accidents, and cooperative agreements with other nations.

Some examples of national laws governing space activities include the US Commercial Space Launch Competitiveness Act of 2015, which established a regulatory framework for commercial space activities; the European Space Agency’s Space Activities Act of 2019, which established rules for licensing and regulation of space activities; China’s Space Activities Law of 2020, which established rules for cooperative agreements with other nations; India’s Space Activities Regulation Act of 2017, which established rules for liability in case of accidents; and Japan’s Basic Space Law of 2018, which established a regulatory framework for the Japanese space program.

Regulatory Frameworks

In addition to national laws, there are also a number of international regulatory frameworks that govern outer space activities. These frameworks are typically administered by intergovernmental organizations such as the United Nations Office for Outer Space Affairs (UNOOSA), the International Telecommunications Union (ITU), or the Inter-Agency Space Debris Coordination Committee (IADC).

One example of an international regulatory framework is the International Code of Conduct for Outer Space Activities (ICoC), which was developed by UNOOSA with input from member states and industry stakeholders. The ICoC is a voluntary code of conduct that sets forth guidelines for responsible behavior in outer space. It covers topics such as debris mitigation, cooperative threats identification, and data sharing. As of 2019, 83 states and 3 international organizations have signed on to the ICoC.

Another example of an international regulatory framework is the Space Safety Coalition (SSC), which is a voluntary association of government agencies, private companies, and non-profit organizations that promotes safety in the space industry. The SSC develops safety standards and best practices, provides training and education on space safety issues, and advocates for improved regulation of the space industry.

Government Policies

Each nation has its own policies governing its use and development of outer space. These policies are typically formulated by the nation’s space agency and approved by the government. Some examples of national space policies include the US National Space Policy of 2010, which established goals for US space activities; the European Commission’s Space Strategy of 2016, which set forth a vision for Europe’s role in outer space; China’s National Space Program of 2020, which outlined China’s plans for exploration and development of outer space; India’s National Space Policy of 2018, which set forth India’s goals for outer space; and Japan’s National Security Strategy of 2017, which identified outer space as a key area for Japanese security interests.

Industry-Specific Policies

In addition to national laws and regulations, many companies in the space industry have adopted their own internal policies governing safety, responsibility, and other issues. Some examples of these policies include SpaceX’s Passenger Safety Charter of 2020, which sets forth safety guidelines for SpaceX’s passenger spacecraft; Virgin Galactic’s Responsible Tourism Guidelines of 2018, which set forth guidelines for responsible behavior by Virgin Galactic’s customers; Blue Origin’s Launch Vehicle Safety Requirements of 2016, which establish safety standards for Blue Origin’s launch vehicles; Boeing’s Commercial Crew Program Safety Requirements of 2019, which establish safety standards for Boeing’s commercial crewed spacecraft; and United Launch Alliance’s Launch Manifest Requirements of 2017, which set forth requirements for payloads on United Launch Alliance’s launch vehicles.

Conclusion

The law and policy considerations discussed in this essay are just a few of the many factors that must be taken into account when making decisions in the space industry. Understanding these considerations is essential for anyone who wishes to operate in this complex and ever-changing field.