Space regulations: Taming the latest Wild West

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  Quantumrun Foresight
• November 22, 2022

Insight summary

The Outer Space Treaty, established over half a century ago, is facing calls for modernization to address new challenges in space, including militarization and commercialization. Current efforts focus on preventing space arms races and protecting the growing number of satellites and space vehicles from conflict and debris. International collaboration and updated regulations are crucial for safe space exploration, responsible use of space technologies, and handling emerging issues like space tourism and mining.

Space regulations context

Although the Outer Space Treaty was enacted in 1967, not much has been done since establishing those rules. This treaty bans weapons of mass destruction in space and militaristic activities on planets or other celestial bodies. It also contains provisions for the peaceful exploration of outer space. Almost 60 years after nations brought up the original issue, diplomats are suggesting that norms and standards for space should be updated and executed by the United Nations (UN).

In December 2021, a UN panel created an open-ended working group to prevent an arms race in space. The UK proposed the creation of this working group that would focus on threats to space systems and ways militaries can avoid them. The proposal was supported by nearly 40 other countries, including the US. 

The primary motive for this action is safeguarding thousands of satellites and vehicles in orbit, including the International Space Station (ISS). The US has been a leading space power, but many other countries have since invested heavily in orbital assets. American satellites allow the Pentagon to conduct battlefield reconnaissance, verify arms control agreements, and detect missile launches against the country. However, more severe conflicts could disrupt entire countries and destroy essential infrastructures without global regulations that dictate how nations should use their space technologies. 

Disruptive impact

With the advent of space tourism, regulations are more crucial than ever since space is now becoming increasingly accessible to civilians. In 2022, US Vice President Kamala Harris declared the National Space Council would revise commercial space regulations to keep up with industry changes. 

One long-running issue has been determining which agency or agencies will be responsible for authorizing and overseeing commercial space activities as required by Article 6 of the Outer Space Treaty. The responsibilities of existing industries like satellite communications and remote sensing are well-known but are less transparent for emerging commercial markets like space stations, satellite servicing, and lunar missions.

Meanwhile, some countries have formed partnerships to enforce space security and counter any threat from nation-states. An example is India, which re-established collaborations with the Quadrilateral Security Dialogue (the Quad, composed of India, the US, Japan, and Australia) in 2017. The Quad has focused on civil and security developments in its bilateral partnerships, including consultations on norms of responsible behavior and regulations to contain Chinese expansionism.

According to the Carnegie Endowment for International Peace, India’s recent involvement with the Quad is significant because it breaks from India’s formal affiliations with non-aligned G21 nations. These countries generally agree on legally binding, verifiable mechanisms regarding global space governance rather than just establishing norms.

Implications of space regulations

Wider implications of space regulations may include: 

• Nations collaborating on updates to the Outer Space Treaty, including regulations for the increasing commercialization of space activities.
• Some nations revolting against regulations created. This trend may build hostile relationships between countries. 
• Increasing antagonistic activities aimed at sabotaging satellites or stealing their data.
• Countries collaborating for joint missions, including establishing space policies and agreements regarding these missions.
• The UN space group releasing updated regulations governing the use of aircrafts, satellites, and clearing space debris.
• Stricter monitoring of satellite launches to manage orbital traffic, potentially reducing collision risks and ensuring safer space operations.
• International agreements on space mining practices, fostering sustainable extraterrestrial resource extraction.
• Enhanced guidelines for space tourism, ensuring passenger safety and environmental compliance.

Questions to consider

• What are essential agreements that governors should implement in space activities?
• What are the possible limitations of implementing space regulations?