Colonising Mars and discussions surrounding companies like SpaceX, Blue Origin, and others have become increasingly common in everyday conversations. However, while these topics have seeped into public discussion, there has been minimal coverage on developing structures to ensure safety and establish necessary limitations. Amid the rapid expansion of space privatisation, each innovation brings new concerns. Governments are increasingly relying on private space companies, creating a need for law and policy to navigate private sector regulation and address international security and risk management.
Current Governance:
The majority of space law and policy currently in place was established during the Space Race, approximately sixty years ago. These laws and policies were regulated by one main United Nations committee, the UNOOSA (Office for Outer Space Affairs), which eventually led to the creation of the Committee on the Peaceful Uses of Outer Space (COPUOS). While international committees are essential, their effectiveness is crucial.
UNOOSA and COPUOS meet annually for two weeks. However, the rate of technological advancements in space, particularly with New Space, is accelerating much faster than during the 1950s and 1960s. To address the current New Space environment, more consistent and integrative committees are needed. UNOOSA has relied on five Outer Space treaties, with the latest, the “Moon Agreement,” being enforced in July 1984 - over forty years ago.
Much of space law and policy relies on research and an understanding of how space is navigated in other countries. However, active implementation, practice, and improvement are now necessary - not only at the national level but also internationally. We can no longer rely on outdated guidelines and information that were previously dominated by two superpowers, the U.S. and Russia. Today, Europe, India, and China are among the leading nations in space exploration and utilisation, making it crucial to update the global regulatory approach.
Satellite Debris and Sustainability:
When imagining a satellite, many people picture a massive piece of technology. But how many satellites are actually in orbit? 50? 100? Surely, it can’t be much more - right? In reality, there are approximately 10,000 active satellites in orbit. This number doesn’t even include the thousands of “dead” satellites that are no longer in use.
As satellites became more compact, Low Earth Orbit (LEO) quickly filled with them. Many of the most common satellites are only a few centimeters in size and weigh between 1 to 100 kg. Their smaller size makes them cheaper and easier to launch, making them particularly attractive to private space companies. However, they also have a short lifespan, typically lasting only 5 to 10 years. The rapid increase in satellite usage, combined with their limited lifespan, has caused satellite pollution to skyrocket. Space debris has become a significant concern in the few decades that humans have been venturing into outer space. According to the European Space Agency, there are already over 170 million pieces of space debris larger than 1mm, most of which likely originate from defunct satellites that are not required to be removed, because of lack of law and policy.
Space debris poses a serious threat to spacecraft and astronauts. Even a small tear in a spacesuit could be fatal, yet there are no strict regulations requiring satellite operators to clean up after themselves. Addressing this growing issue is another critical area where space law and policy must evolve.
Military Tensions, Weaponry, and Ownership:
When discussing the intersection of space exploration, colonisation, and military applications, many crucial details must be addressed. But are they actually being considered?
One of the most developed aspects of space law is the question of land ownership. Since space law gained prominence during the Space Race, much of the early legal discussion revolved around who, if anyone, could claim ownership of the Moon. However, now that space activities are expanding beyond major governments, a new question arises: Can private individuals or corporations own sections of space? Throughout history, colonisation, land disputes, and resource conflicts have driven power struggles and economic imbalances on Earth. How can space law and policy be used to mitigate these negative impacts in a new, unclaimed realm? If we don’t act now, we risk repeating the same mistakes. Existing treaties, such as the Outer Space Treaty and the Moon Agreement, primarily serve as symbolic documents rather than enforceable regulations. Space law and policy must evolve into an active regulatory framework—one that goes beyond theoretical discussions of “who gets what.” Even in these discussions, the focus tends to be on major spacefaring nations, while developing countries are left out. This creates a growing economic divide, raising humanitarian concerns that space law and policy must also address.
As mentioned earlier, the number of satellites in orbit has increased dramatically. This not only raises concerns about militarization but also about the potential use of satellites for surveillance, espionage, and even direct conflict. The combination of satellites and emerging technologies, such as artificial intelligence, presents unique security risks. Additionally, satellite crashes - whether accidental or intentional - can escalate tensions between nations. With increasing satellite congestion, the risk of conflicts and military escalations also grows, potentially leading to "Kessler Syndrome," a catastrophic chain reaction of collisions that could render parts of Earth’s orbit unusable. To prevent such outcomes, space law and policy must actively address these rising tensions, ensuring that space remains a place of peaceful exploration rather than an extension of geopolitical conflicts on Earth.
The Existing Urgency:
The first step in developing a proactive international space law and policy system is increasing awareness and making the topic accessible. By engaging the public and addressing concerns that everyday people may have, we can highlight how the rapidly evolving space environment will directly impact billions. Once the importance and urgency of space law and policy are widely recognised, we can work toward legal frameworks that provide effective and equitable solutions to emerging challenges.
Yours truly,
Valerie Mondragon
Head of Legal at Space Point
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