The preceding chapters have demonstrated means to hold nsas accountable for space pollution under existing international law. But the analysis has also highlighted significant restrictions which make those approaches likely inadequate in light of the rising threat emanating from nsas in space. In line with the generally State-oriented nature of international law,1 outer space law primarily places the burden on States to regulate nsa space activities.2 Thus, to assess the effectiveness of relying on the existing approach of funneling nsa regulation through States, it is important to survey national and regional legislation relevant to the accountability of nsas for space pollution.3
The assessment of States’ regulatory frameworks provides an important contribution to the analysis in this book in two respects. First, it shows the manner and extent to which States regulate nsas under domestic law. Pursuant to Article vi of the Outer Space Treaty, States are mandated to both authorize and supervise nsa space activity.4 However, Article vi does not prescribe how these two elements are to be satisfied, instead leaving that to States’ discretion.5 States must navigate between the need to respect their international obligations through the regulation of nsa activities on one hand, and the pressure to ensure their economic growth through the development of private space activities and attracting foreign investments on the other. Mapping out commonalities and divergences in how States formulate their domestic regulations in
Secondly, examining the domestic implementation of international space law obligations provides an important platform for the normative assessment of options to develop space law set out in Chapter 6. It provides examples of State practice relevant to whether a prohibition on space pollution exists under conventional or customary space law. As the primary subjects of international law, State practice is a key indicator of the development and crystallization of customary international law. Domestic law is also a key vehicle for the implementation of international law obligations. States and international organizations are becoming increasingly oriented towards using soft-law instruments for space activities.6 It nonetheless remains possible for binding rules of customary international law to emerge through ‘consistent state practice’.7 Accordingly, this Chapter provides a detailed guide to State practice regarding the regulation and prohibition of space pollution, particularly by nsas, under domestic law.
In terms of customary international law formation, these binding principles and/or rules of international law are formed by the combination of an objective and subjective element. According to Article 38(1)(b) of the Statute of the International Court of Justice,8 international custom is evidenced by ‘a general practice accepted as law’ amongst the actors in public international law. The International Court of Justice has required that there must be a settled practice of State practice as well as the opinio juris that this conduct is legally obligatory.9 National legislation can be an important source from which to discern
With those considerations in mind, the following survey of relevant State legislation, regulatory instruments and, where existent, judicial decisions is designed to assist with the determination of customary law regarding nsa obligations to avoid space pollution. In this manner it complements other instruments, including soft international law provisions, set out in preceding chapters.12 In accordance with the research question at the core of this monograph, the survey highlights domestic rules concerning space pollution and the responsibility of regulation of nsas.
As an overview, from an estimated 70 to 80 States with at least one satellite in orbit, around 50 States have been evaluated to have national legislation of some type in place specifically governing space activity.13 This chapter provides a brief analysis of the national acts available in the unoosa archive,14 as well as additional examples of national and regional legislative documents and policies, with a particular emphasis on nsas and the space environment. However, the analysis is not designed to be a comprehensive examination of every aspect of their regulatory framework. Instead, it covers the major legislative features, particularly in relation to space pollution and nsa accountability. In this way, it provides an important guide to the current practice of States, as
In measuring State activity in space, one indicator is the number of satellites attributable to a State. As of 2023, it is evaluated that between 6,000 and 10,000 satellites are in orbit around the earth.15 While the numbers of satellites vary, reports indicate that the United States is the frontrunner with over 5,000 satellites, followed by China, the Russian Federation (the Russian Federation possesses more than 1,000 satellites including the former Soviet satellites) and the United Kingdom with several hundred.16 Japan has 141 according to the UN Online Index of objects launched into outer space (as of November 2023),17 and others with less than 100 include France, Germany, India, Canada, Luxembourg,
Some of these States are part of regional organizations, including Arabsat, eutelsat, eumetsat, esa or the European Union. However, as for regional organizations only esa and the European Union are examined herein. This is because they are the international organizations with most satellites in orbit and they exert influence over European States, such as the United Kingdom, France, and Germany, which together account for almost 1,000 satellites in orbit.
With regard to nsas, the United States, European countries and Japan are linked to the most nsa space activity.20 Under the Registration Convention, only States have the obligation and ability to nationally register satellites and forward this information to the United Nations. Commercial actors may therefore own and operate satellites, but it falls to their respective States to register the satellite for inclusion in the unoosa Online Index of Objects Launched into Outer Space. The number of nsa satellites is large. Although the private operation of satellites is highly dynamic, there are some major private players with a significant presence in space far outstripping many States. For example, at the time of writing SpaceX (United States) owns as much as a third
With regard to the preservation of the space environment, the main (international) efforts presently seem to be space debris mitigation efforts such as international standards and guidelines the likes of the uncopuos sdmg, the iadc sdmg, the esa Space Debris Mitigation Policy for Agency Projects, International Telecommunications Union (itu) Recommendation itu-r s.1003, the International Organization for Standardisation (iso) standards and technical reports such as iso 24113: Space Systems, along with the Italian Space Agency (asi), British National Space Centre (bnsc), French Space Agency (cnes), German Aerospace Agency (dlr), and the European Space Agency (esa)’s European Code of Conduct for Space Debris Mitigation,23 complimented by studies on long-term sustainability of outer space.24
Importantly, out of the 43 States that submitted statements to the uncopuos for the production of the Compendium of space debris mitigation standards adopted by States and international organizations, 17 States (Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Italy, Japan, Netherlands, Russian Federation, Ukraine, United Kingdom, United States, Nigeria) have national mechanisms on space debris mitigation in place.25 A further 22 (Algeria, Argentina, Azerbaijan, Chile, Czech Republic, Slovakia, Spain, Switzerland, Kingdom of Thailand, Brazil, Cuba, Hungary,
With those overarching considerations in mind, it is apposite to assess how specific States which have space operations have adopted laws and issued judgements governing nsa conduct in their domestic systems. However, the analysis is largely based on laws rather than judicial pronouncements. National jurisprudence regarding licensing and supervision of nsa space activities is currently scarce, with the majority available concentrating on standard civil matters such as lawsuits for noise pollution, unlawful termination of contracts, competition law and related matters which do not directly concern space pollution. Consequently, the major focus of the analysis below, which is conducted State-by-State in regional groupings, is legislative and regulatory in nature.
1
1.1 Australia30
Australia has set the goal of becoming a major space actor and is an increasingly important player in space exploration, with around three billion Australian dollars invested in the national space industry between 2018 and 2023.31 It is investing heavily in space start-ups and developing and ever-evolving national space legislation to facilitate nsa space activity by for example streamlining licensing procedures.32
Australia’s main space legal instruments are the Space Activities Act of 1998,33 the Space (Launches and Returns) Act 2018 (the 2018 Act)34 and the Space (Launches and Returns) (General) Rules 2019 (the 2019 Rules).35 The 1998 Act covers the operation of a launch facility in Australia; the launch of a space object in Australia; the launch of an Australian space object from a facility located outside Australia; and the return of a space object to a place anywhere in Australia.36 It regulates the issuing of launch permits for space
The 1998 Act requires that the operator has obtained the environmental approvals required under Australian law and made an ‘adequate environmental plan’ for the construction and operation of the launch facility.40 The license application must provide, for each launch, the appropriate information from the following: ‘(a) evidence that the environmental impact of the launch and any connected return is addressed by the environmental plan of the licensed launch facility from which the launch is proposed; (b) information about environmental approvals required for the launch under any other law of the Commonwealth or a law of a State or Territory; (c) an assessment of the likely impact of the launch and any connected return on the environment, and information on how any adverse effects on the environment are to be monitored and mitigated.’41 The inclusion of an environmental impact assessment supports the argument that such assessments are a general obligation under customary international law for space activities.
Whereas the 1998 Act was unclear as to whether it only referred to the environment on Earth, this has since been clarified with the 2018 Act and 2019 Rules. Under the 2018 Act, any ‘launch of an Australian space object overseas or a launch to space from Australia [must] include consideration of the space environment, including space debris’.42 An application from an Australian entity to be licensed to obtain an overseas payload permit or an Australian launch permit must include a strategy to address space debris. The strategy must be founded on a guideline or standard which has international recognition, like the uncopuos sdmg or the iadc sdmg; the guideline or standard used must be identified; planned mitigation measures must be described; and
Australia cooperates with the United States in space activities, primarily through nasa. Current activities include operation of the Canberra Deep Space Communication Complex and, most recently, joining the Artemis Accords, with which Australia aims to increase commercial uses of space, as discussed above.45 Separately, an agreement between the Government of Australia and the Government of the Russian Federation on Cooperation in the Field of the Exploration and Use of Outer Space for Peaceful Purposes, defines areas of cooperation, including ‘research on matters relating to the protection of the outer space environment’, though no new initiatives appear to be have been adopted under this agreement since Russia’s invasion of Ukraine in February 2022. Separately, Australia has signalled its interest in space mining.46
At the judicial level, there have no cases directly addressing space pollution. However, one prominent lawsuit for nearly 5 million US dollars was filed against Equatorial Launch Australia, a start-up that facilitated nasa’s first launch from Australian territory. The lawsuit, filed by company director Michael Jones, alleged unlawful dismissal and discrimination, and so is not directly linked to space pollution.47 However, it signals that nsa companies engaged in space activities under Australia’s jurisdiction can be proceeded
In sum, Australia’s space sector is growing. Its regulatory framework echoes the desire to increase such growth, and seeks to streamline license granting as a way to authorize and supervise activities of the nsas. Nonetheless, even though Australia’s space legislation references the environment, calling for compliance with the provisions of Australian environmental regulations and requires an environmental impact assessment, it does not include specific reference to nsas bearing criminal liability for space pollution.
1.2 New Zealand
New Zealand has a rapidly developing and internationally connected space sector that features a mix of start-up and well-established companies, servicing both governmental and non-governmental customers.49 Its core space legislation consists of the Space Activities Act50 and the Regulations issued pursuant thereto.51
The Space Activities Act covers procedures for the authorization and supervision of space activities. It regulates licenses and permits.52 Article 7 declares that every launch from a launch facility in New Zealand, or from a vehicle in the air that was launched from New Zealand, must have a license. According to Article 9, such license can be granted only if the Minister for Space is satisfied inter alia that: ‘the applicant has an orbital debris mitigation plan that meets any prescribed requirements’ and ‘the proposed launch or launches under the license are consistent with New Zealand’s international obligations.’ Article 10 refers to environmental safety as a condition for issuing a license. The Act also
Regarding sanctions in relation to space debris mitigation, a person can be ‘liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or both’. For other offences, imprisonment can be set up to 5 years (see, for example, Article 72 – interfering with launch vehicle and payload), indicating that safety matters are treated more seriously than environmental harm per se.
New Zealand’s 2017 Regulations provide more detail governing orbital debris mitigation plans, including that (i) the release of debris during normal operations of the vehicle or payload be limited; (ii) the potential for break-up of the vehicle or payload while in orbit is minimized; (iii) the potential for the vehicle or payload to collide with debris other than debris released in the course of the activity to which the license or permit relates is minimized; and (iv) at the end of the activity to which the license or permit relates, the vehicle or payload is disposed of in a way that ‘minimizes risks to, or in, Earth’s environment and in the space environment (including the risk of collisions)’. These obligations essentially reflect the various space debris mitigation guidelines issued by international bodies, as referred to above.
The space legislation of New Zealand is robust and directly addresses the issue of debris. It is somewhat unique in establishing several different sorts of licenses, as sets out a number of offences and sanctions for breaches of this framework. By referring to space debris mitigation, this legislation adds to State practice broadly supporting a prohibition on space pollution (other than minimal emissions essential to the regular completion of a mission) along with ancillary obligations such as an environmental impact assessment preceding the launch.
2 European States
Among the European space-faring States, the large majority are members of the European Space Agency (esa) and the European Union (EU). Both actors influence the space operations of nsas in European States. However, their
2.1 The European Space Agency56
Initially founded by Belgium, Germany, Denmark, France, the United Kingdom, Italy, the Netherlands, Sweden, Switzerland and Spain, esa was created in 1975 with the conclusion of the esa Convention.57 esa is an international organization with international legal personality,58 authorized by its Member States to act on their behalf when engaging with third parties.59 As esa views are often seen as reflecting those of ‘values of Europe as a whole’, it wields considerable influence in directing the development of international space law.60 With a budget of over 7 billion Euros and estimated to be the international organization with most satellites in orbit, esa is an influential space actor in and of itself.61
As of late 2023, esa has 22 Member States, four Associated States and four States with Cooperation Agreements in place which enable these four to partake in some of esa’s programs.62 Canada, in addition, has a specific Cooperation Agreement with esa and sits on its council.63 nsas from those States may bid for and receive esa contracts.64 An example is the French nsa
esa has been environmentally conscious since its inception. It adopted its first series of measures in the 1980s, inter alia forming a Space Debris Working Group, which in 1988 issued a report leading to the first esa Resolution on the Agency Policy vis-a-vis the Space Debris issue.70 In 1999, it issued a Space Debris Mitigation Handbook in 1999 (updated in 2002),71 and then in 2000, it adopted a resolution on space debris,72 and that same year a European Code of Conduct for Space Debris Mitigation.73 These instruments require the
More recently, the Code of Conduct has been updated by International Organization for Standardization’s (iso) space debris mitigation guidance,76 called Space Systems – Space Debris Mitigation requirements, endorsed by the European Cooperation on Space Standardisation (ecss) in 2012, and adopted by esa in 2014 as standards to be applied to all esa space operations.77 To ensure compliance, esa simultaneously adopted two annexes, the first requiring that a Space Debris Mitigation Plan should be established for each project to ensure compliance, and that a Space Debris Mitigation Report must be issued for purposes of verifying and documenting the plan, while the second annex clarified terms and definitions.78
According to esa’s own statement to uncopuos, its main document for debris limitation is its Space Debris Mitigation Policy for Agency Projects, which is an administrative instruction of the esa executive organ – headed by the esa Director General. Within esa, this instruction is binding for all esa staff, who in turn have to ensure its correct implementation in relation to third parties.79 The document applies to procurement of esa space systems and operations under the responsibility of esa (including end-of-life missions). It defines a set of requirements for debris and risk reduction, in line with
Various esa announcements continue to signal its environmental commitment.81 Under its 2012 Clean Space Initiative,82 esa is pursuing a ‘Zero Debris Approach’ to achieve space sustainability and safety of critical space services, which encompasses space debris mitigation, remediation (including on-orbit servicing and active debris removal), upgrading spacecraft platforms and space traffic management.83 To monitor the situation, esa issues an annual Space Environment Report in cooperation with many governmental and nsa partners.84 esa has acknowledged that the space sector and the space environment are not exempt from the fast evolving European environmental legislation. It proposed a common eco-design framework for the European space sector through the recognition of the application of environmental legislation in outer space, such as the (in force) Montreal Protocol on Substances that Deplete the Ozone Layer, the European Commission’s Restriction of Hazardous Substances (RoHS) directive and the Registration, Evaluation, Authorization and Restriction of Chemicals (reach) regulation, as well as the requirement for environmental impact assessments for each project.85
In summary, esa regulations and policies influence all Member States (including Associated States and Cooperating States taking part in esa projects) and all nsas working under esa contracts, resulting in considerable influence over a vast number of space actors. In its projects esa pays close
2.1.1 The European Union
The European Union has 27 Member States, of which 19 are simultaneously members of esa, while the remaining States comprise four Associated States and four with Cooperation Agreements. Of the full esa members, only Norway, Switzerland and the United Kingdom are not Member States of the European Union. In the Treaty on the Functioning of the European Union, Articles 4, 179 and 189, space activities have been designated as a shared competence between the European Union and its Member States, with the European Union given the prerogative to establish a European space program, which it has done.89
The Union operates its own space activities, such as the European global navigation services Galileo, egnos, Earth observation constellation Copernicus, Govsatcom, Space situational awareness (ssa) and the recently established
The European Union, in the domains granted to it by the Treaty of Lisbon, assigns contracts subject to EU competition law, as supplemented by the World
Like esa, the European Union has signaled an environmentally conscious approach. In its regulations on space activity, the European Union has made repeated references to the space environment and to the private sector. For example, Regulation (EU) 2021/696 references the UN Sustainable
Regulation (EU) 2023/588 of 15 March 2023, which establishes the Union Secure Connectivity Programme for the period 2023–2027, makes extensive reference to the private sector (procurement and contracts),102 as well as the environment, both of earth and outer space, and sustainability of space activities. In its introduction the Regulation mentions the necessity for ‘good practices in space traffic management and in space surveillance and tracking (sst), in order to reduce the amount of space debris produced, prevent on-orbit break-ups and on-orbit collision, and provide appropriate end-of-life spacecraft measures.’103
Significantly, Article 8 of Regulation (EU) 2021/695 specifically addresses environmental and space sustainability by requiring that contracts and procedures to implement the program shall include provisions on minimization greenhouse gas emissions, the establishment of a scheme to offset the remaining greenhouse gas emissions, appropriate measures to reduce visible and invisible radiation pollution caused by spacecraft (and those that can hamper astronomical observations or any other type of research and observation), the use of appropriate collision-avoidance technologies for spacecraft and the submission, implementation of a comprehensive mitigation plan regarding space debris before the deployment phase, including orbital positioning data, in order to ensure the avoidance of space debris by the satellites of the constellation, and sharing data, in particular ephemeris data and planned maneuvers, to the entities in charge of producing sst.104 It provides that the European Commission will maintain a database of the program’s space assets, containing, in particular, data relating to environmental and space sustainability aspects, and shall adopt further Acts to supplement the Regulation, limited to space assets owned by the European Union and contractors.105 Lastly, the Regulation decrees that for public procurement procedures the contracting authority shall act in accordance with the principle ‘to enhance the safety and
The European Union’s non-space specific legislative frameworks refer extensively to the environment as well. Given the environmentally conscious views of esa and the European Union more generally,108 the ‘environment’ as mentioned in these instruments may encompass outer space.109 These instruments include its policies on Green Public Procurement,110 and European environment and climate change commitments,111 including the European Green Deal.112 EU environmental policy and law, resting on principles of precaution, prevention and rectifying pollution,113 influences all nsa space activity based in, or under the jurisdiction of, the European Union.
2.1.2 France
France is one of the oldest European space powers and a founding member of esa. It is one of the fastest growing and most active European space States, with numerous start-ups,116 a considerable space sector,117 the seat to the largest private launcher Arianespace providing launch services to both esa and the European Union, and is in control of the main European spaceport in French Guiana.
Operators wishing to launch or return an object to or from territory or a facility under French jurisdiction, or any French operator, must first obtain an authorization to be issued by the relevant administrative authority,123 which is the Minister in charge of space activities, who decides taking into account ‘a technical assessment carried out by the French Space Agency cnes [Centre National D’Études Spatiales]’.124 Consequently, any nsa operating from French territory, along with any French nsa, will require a license before engaging in
The licensing conditions refer to the protection of public health and the environment,126 and indicate that a key goal is to limit risks of space debris.127 Specific requirements and instructions are set down in the 2008 Decree, including that ‘[t]he launcher must be designed, produced and implemented in such a way as to minimize the production of debris during nominal operations, including after the end-of-life of the launcher and its component parts.’128 The Decree contains provisions related to space debris mitigation, applicable to launch systems129 and orbital systems.130 These are consistent with international standards (for example, the iadc sdmg, the uncopuos sdmg, the European Code of Conduct for Space Debris Mitigation, and iso 24113).131
French agents are empowered to search operators’ facilities and report any infringements to the public prosecutor within five days.132 Violations of the Act may be investigated by officers and agents of the judicial police, acting in accordance with the provisions of the Code of Criminal Procedure (including violations noted by the agents carrying out inspections). The Act provides for fines of up to 200,000 euros for undertaking space activity (control, operation, launch, return) without authorization, for transferring to a third party control of an object or group of coordinated space objects without authorization, for taking control via transfer of a space object (or objects) that have not been authorized under this Act, for continuing space operations in contravention of an administrative measure or a judicial decision of arrest or suspension, or failing to comply with a formal notice from the administrative authority, or obstructing inspections carried out in accordance with the law.133 In instances
The French Act contains extensive references to damage135 caused by space objects or activity,136 including determining sole responsibility of operators for damages caused (which is essentially automatic on Earth and in airspace, but fault-based in outer space, in accordance with the Liability Convention). Responsibility can potentially be mitigated through the victims’ proven fault.137 In instances of services carried out on behalf of the State in the interest of national defense, an exception may be made through conclusion of an agreement between the State and the operator, conditioning and limiting the exemption.138 In all instances when the State is required, as the launching State, to pay under Liability Convention, it can take recourse action against the operator (there is an exception when the space object has been targeted in the course of acts targeting State interests).
French space legislation regulating the conduct of the nsas makes a reference to environmental protection, as well as to space debris mitigation. With this it makes an important contribution towards mitigation of further space pollution. Furthermore, it regulates liability for damage, in line with the Liability Convention, making sure that nsas can be held liable for certain damages.
2.1.3 Germany
Germany is one of Europe’s most active space states, with the German Aerospace Center (dlr) being its primary space organ. It is highly active on the global space scene, including through its participation in the Artemis mission and ensuing research.139 Germany’s private sector is likewise thriving, with numerous new companies, such as Isar Aerospace Technologies and Rocket
The key German instruments include the Delegation of Space Activities Act142 and the Telecommunications Act.143 German legislation on space activities is, however, not extensive. Detailed licensing procedures are specified in the Act to give Protection against the Security Risk to the Federal Republic of Germany by the Dissemination of High-Grade Earth Remote Sensing Data (known as the Satellite Data Security Act – SatDSiG).144 In other words, these procedures are set out in an act specific to Earth Remote Sensing activities, and not space activities in general, despite Germany and German nsas participating a wider range of space activities.
The Satellite Data Security Act applies to high-grade earth remote sensing systems and data dissemination by German nationals, or by legal persons or associations of persons under German law, or by foreign legal persons, or foreign associations of persons with their head office within the territory of the Federal Republic of Germany, or if unalterable sequences of instructions to command an orbital system are transmitted from the territory of the Federal Republic of Germany. The Act therefore includes nsa space activity. Under the Satellite Data Security Act, licenses are required for nsas to participate in these activities. In relation to the outer space environment, the conditions for a permit are mainly concerned with security risks related to third parties gaining access to ground stations or space-based assets. The conditions for a permit do not explicitly address the environment, leaving a considerable gap in the domestic coverage of space activities.
The dlr, which implements the German space program, operates a policy under which each contractor must provide product assurance and ensure that
In light of the above, it can be seen that Germany has national mechanisms in place for nsa licensing as well as for ensuring environmental protection in accordance with European standards, however, a general comprehensive law is yet to be developed and punitive sanctions are not as specific as in some other States.
2.1.4 Austria
Austria is one of the smaller, but long-standing, space States. It invests approximately 60 million euro annually in esa and eumetsat, and around 30 million euro in EU space activities.148 It operates a relatively large industry with around 120 organizations.149 As a European State, Austria’s regulatory approach is closely aligned with other European States and the esa.
The Austrian Outer Space Act requires operators to ‘take out an insurance covering a minimum amount of € 60,000,000 per insurance claim’.155 In this way, Austria will be secured and can demand recourse from a private operator if damage is caused by a space object launched by that private operator which results in Austria having to pay liability under rules of international law (for example under Article vii of the Outer Space Treaty or under the Liability Convention).156 In this way, nsas are not directly liable under international law, but indirectly pay to cover the risk through insurance premiums. However, this appears to only cover damage to other space objects, rather than harm to the outer space environment per se. In this way, the regulatory framework arguably invisibilizes the costs of environmental harm in space.
Nonetheless, the Outer Space Act transposes the uncopuos Space Debris Mitigation Guidelines into the national legislation.157 It demands that ‘the
Operators of space activities are subject to supervision by the Minister for Transport, Innovation and Technology. This means that ‘the operator is obliged to grant the organs of the supervisory authority access to all business premises [and plants], [and] allow them to inspect relevant documents and provide them with information’.160 The Outer Space Act also provides sanctions for operators infringing upon its provisions. However, the fines prescribed are relatively low in comparison to the costs of space activity and insurance requested, as they rise to 100,000 euros.
Austrian space legislation comprehensively regulates the authorization and supervision of nsa space activities, including detailed provisions on the process and conditions for granting a license, obligations of the operator, and
2.1.5 Slovenia
Slovenia launched its first two satellites in 2020,161 with a third joining in 2022.162 Its space sector is composed primarily of mixed public-private initiatives.163
Slovenia adopted space legislation in 2022, which is very similar to the Austrian model. It consists of the 2022 Space Activities Act164 and a subsequent Decree165 governing the Act’s implementation. Notably, Article 3 of the Space Activities Act refers to space debris, when defining space activity as ‘the launch of a space object into outer space, the operation and operational control of the space object in outer space, and the controlled termination of the space object’s operation in outer space and/or its return to Earth, including the procedures for limiting the generation of space debris’.
Articles 4 and 5 of the Act establish that, to perform a space activity, an operator must obtain a license, subject to certain conditions including that the ‘space activities do not pose a threat to national defence, public order, the safety of people or their property, national intelligence and security operations, and protection against natural or other disasters and do not negatively affect public health, the environment or aviation’. The environmental condition is examined by the Ministry for the Environment. Additionally, Article 15 regulates the obligation of the operator to notify the ministry on certain emergencies, including the risk for the environment.
The most important condition in the present context is the obligation that ‘space activities envisage measures for limiting the generation of space debris in accordance with the applicable UN Space Debris Mitigation Guidelines
Despite the fact Slovenia joined the space-faring nations relatively recently, its space legislation is relatively comprehensive and its provisions regarding environmental protection can be described as progressive, transposing the UN smdg into domestic law and containing certain other safeguards against environmental pollution, similar to the ones contained in the Austrian law.
2.1.6 Luxembourg
Luxembourg has one of the most active commercial space sectors in Europe.167 Despite being a small State, its ambitions in space are significant. It currently registers approximately 75 space companies and space sector research laboratories, which employ nearly 1,200 people.168 In comparison with other States, whose space legislation consists of only one or two pieces of legislation, Luxembourg’s legislation governing nsa space activities is more complex and fragmented.
Firstly, Article 20 of the Law on Electronic Media sets out that no one may establish and operate a satellite system under Luxembourg’s legislation without having previously obtained a concession, granted by the Government.169 There is no explicit reference to the environment in the conditions for the concessions. Despite the use of the term ‘concession’ instead of ‘license’, this provision is comparable to provisions of other states concretizing their obligations under Article vi of the Outer Space Treaty through establishing proceedings for authorizing and supervising space activities of their nsas. However, this provision only concerns operating a satellite system, not other space activities.
Second, a general regulation of space activities in Luxembourg is laid down by the Law on Space Activities.170 This law applies to space activities carried out by nsas, which operate under the control and jurisdiction of Luxembourg, either due to their national or territorial link with the State. An explicit reference to the environment is made in Article 9, where the withdrawal of
However, an innovative feature of the domestic space legislation is the Luxembourgish Law on the Exploration and Use of Space Resources.172 This law allows for certain entities – public companies limited by shares (société anonyme) or corporate partnerships limited by shares (société en commandite par actions) or private limited liability companies (société à responsabilité limitée) of Luxembourg law or a European Company (société européenne) having its registered office in Luxembourg – to be authorized to explore and use space resources for commercial purposes.173 The authorization of exploration and use of space resources is, just like other space activities under the Luxembourgish law, subject to an annual fee, ranging from 5,000 to 500,000 euros depending on the complexity of the application and the amount of work involved in its processing.174 The authorization may be withdrawn under similar conditions to other activities.175 Sanctions to the breaches of this law are comparable with sanctions for other space activities.176
Luxembourg’s space legislation contains an important novelty, which allows private entities to extract and appropriate space resources. However, this Law does not contain any provisions that would prevent space pollution by the nsas. Given that this is one of the first laws on this matter, which may serve as a precedent for others, it is important that the environmental aspect is sufficiently addressed. On the other hand, the Law on Space Activities makes a reference to the environment, which will have to be expanded on in the future for the purpose of effectively preventing space pollution.
2.1.7
Belgium’s space industry plays an important role within the European space sector, with its companies (both private and mixed public-private) having received esa contracts in value of 746 million euro between 2015 and 2020.177
Belgium regulated its space activities in its national law on the Activities of Launching, Flight Operation or Guidance of Space Objects of 2005 (revised in 2013).178 The law is applicable to the activities of nsas when they are carrying out launches, flight operations, and the guidance of space objects or installations or property under Belgian ownership, jurisdiction or control. Article 2 further extends the applicability of the law to ‘the activities […] carried out by natural or legal persons of Belgian nationality, irrespective of the location where such activities are carried out’. Thus, the law can apply to both foreign and domestic nsas, insofar as the former carry out activities linked to Belgium.
The law declares that ‘[t]he activities must be carried out in accordance with international law and, in particular, with the principles laid down in the Outer Space Treaty and the other treaties and agreements to which Belgium is a party’, reaffirming the principle stated in Article iii of the Outer Space Treaty. The Law also concretizes Belgium’s obligation under Article vi of the Outer Space Treaty, dictating that any person wanting to carry out the activities referred to in the Law must obtain the prior authorization of the Belgian Minister.179 Authorization is granted on a personal basis to the particular operator and is non-transferable.
Under Article 5 of the Belgian law, the Belgian king may determine further conditions for granting authorization, observing various important factors, such as ‘ensuring the safety of people and property, protecting the environment, ensuring the optimal use of air space and outer space, protecting the strategic, economic and financial interests of the Belgian State, as well as in order to satisfy the Belgian State’s obligations under international law’. Against this background, a Royal Decree180 has been issued, applying further conditions to certain types of space activities. Article 7 of the Royal Decree lists all
According to Article 8 of the Royal Decree, the environmental impact study must include four parts. The first part consists of a description of the activity and its objectives, including a demonstration of its compatibility with the recommendations adopted by uncopuos, and where applicable, any other models or technical standards identified by the Minister prior to the application for authorization. The second part concerns the potential impact of the activity on the terrestrial environment, including the atmosphere and, in particular, on the natural and human environment of the place of launching, and includes a description of the measures taken or planned to reduce or limit this impact (where these locations are not under the jurisdiction of Belgium, the applicant must attach to this part all available information or documentation relating to the environmental protection measures applicable to these locations). The third part deals with the potential impact of the activity on the outer space environment, and includes a description of the measures taken or planned to reduce or limit such impact and, where appropriate, the measures taken or planned to ensure the sustainable and rational use of the natural resources of the outer space environment. The fourth part includes a non-technical summary of the activity, a description of the expertise available to the applicant in carrying out the activities, and a descriptive summary of activities similar to that for which the application was made and in which the operator has participated in the three years preceding the application for authorization.
For the second and third parts, the activity and its environmental impacts are considered in the short, medium and long term. This activity shall be assessed from the point of view of the risks of the space object falling back to Earth and with regard to the compliance of the activities with the applicable international standards intended to limit space debris and designated as applicable by the Minister.181 Amongst these requirements, the compatibility with the uncopuos recommendations and the standards intended to limit space debris are relevant. In its Statement to uncopuos, Belgium stated that neither the Law nor Decree refer specifically to standards, which leave the Minister with the possibility of imposing compliance with international technical standards, such as the iadc sdmg, uncopuos sdmg, esa and iso norms, and may be supervised by a technical expert designated by the Minister, for
When the description of the environmental impact of the space activity reveals a substantial risk to the safety of persons, property or the environment, the applicant must attach to the impact study a description of the designed alternatives to the activity that can reasonably be considered, particularly with regard to the location, parameters or manner of carrying out the activity, and the protection of the environment.183 The costs of these impact studies are to be borne by the operator, meaning that the nsas must take on financial risks in order to prove that their activities will not result in uncontrollable pollution of outer space.
If the space launch or operations include the use of sources of nuclear energy, the operator shall mention this explicitly in his application for authorization, and the Minister shall only grant the authorization in that case after taking into consideration, in particular, the danger that the use of such sources of energy may represent, precautions to be taken with regard to public health and safety, protection of the environment and standards of national and international law applicable to the case in question.184
According to Article 10 of the Belgian Law, the Minister may also designate experts charged with controlling the activities carried out by the operator, and require that they be granted extensive access to the documents, data and premises related to the activity. The minister has far-reaching powers to take measures to ensure the environment, including by taking control of a space object and destroying it. In case the space activities are transferred to another operator, the authorization of the Minister is also required.185 This provision is aimed at ensuring that the Belgian State keeps track of the operators and can effectively exercise its obligations under Outer Space Treaty.
The Belgian Law provides for the rules regarding the compensation for damage caused by space objects. Article 15 of the Belgian Law states: ‘[w]hen the Belgian State is liable, pursuant to Article vii of the Outer Space Treaty, the provisions of the Convention on International Space Liability or the provisions
- –when the damage is caused to a third-party State or foreign nationals, the damage shall be first assessed between the Belgian State and the State representing the victim, in accordance with the Convention on International Space Liability or any other applicable clause. The operator, or the person designated by the latter for that purpose, may participate in the discussions or be a party to the damage assessment procedures between the representatives of the States involved, so as to defend his own interests; and
- –when the damage is caused to Belgian nationals, the damage shall be assessed by a college of three experts, two of whom shall be designated by each of the parties and the third by mutual agreement between the parties. The Minister may make the prior designation of experts one of the conditions for granting the authorization.
The Belgian Law regulates the operator’s duty to inform. The duty enshrined in Article 16 demands that the operator immediately informs the Belgian space crisis centre in case of ‘any malfunctioning or any anomaly of the space object, likely to result in a danger for persons on the ground, aircraft in flight or other space objects, or to cause any damage.’ Non-compliance with this duty results in the operator’s obligation to guarantee the Belgian State for the total of the compensation due by it pursuant to its international liability or pursuant to the national law at hand.
The costs of all the services of technical experts, that the Minister calls upon in accordance with his legal duties and powers, are borne by the operator.187 As penalties for breaches of its provisions. Article 19 dictates that ‘[a]ny person carrying out the activities referred to in article 2 without authorization, shall be liable to a period of imprisonment of between eight days and one year and a fine of between 25 and 25,000 euros, or to one of these sanctions. […] The same
Belgian legislation sets out detailed regulation regarding the authorization and supervision of space activities. Environmental safety is considered as one of the considerations when granting a license. Belgium is one of the few States that explicitly demand that environmental impact assessment must be conducted and that international soft-law standards must be complied with. In terms of enforcement, Belgian law provides for the possibility of prison sentences as well as monetary fines, including for failure to take environmental precautions.
2.1.8 Finland
Finland participated in the space industry in a passive manner from the late 1950s, but has become active in space since the 1980s. It has quickly integrated itself into European space activities, particularly in relation to satellite equipment, structures and software supply chains, focusing mainly on telecommunications and Earth observation.188 Its nsas include iceye, which in 2022 interceded in the Russo-Ukrainian conflict, providing satellite imagery to Ukraine.189
In line with its environmental and sustainability orientation, Finland included both nsa and environmental provisions in its national space regulation. Finnish national law regulating space activities is titled the Act on Space Activities.190 As with other laws analyzed in this section, the Act defines its scope of application, according to which the Act covers all space activities carried on within the territory of the State of Finland, on board a vessel or aircraft registered in Finland; or carried out by a Finnish citizen or a legal person incorporated in Finland. This means that the Act concerns nsas conducting space activities on the Finnish territory, vessel or aircraft, as well as nsas incorporated in Finland which operate anywhere around the globe.
Amongst the conditions for the authorization of a license to conduct space activities is the requirement that ‘the operator seeks to prevent the generation of space debris and adverse environmental impacts on the earth, in the atmosphere and in outer space’.192 This means that environmental concerns are included in the consideration whether a particular nsa shall be enabled to carry on a specific space activity. This condition is further concretized in Section 10, which includes the requirement that the operator ‘assess the environmental impacts of the activities on the earth, in the atmosphere and in outer space, and present a plan for measures to counter and reduce adverse environmental impacts’. The operator must ensure that the space activities do not generate space debris, and must do so in accordance with generally accepted international guidelines. In its Statement to uncopuos, Finland clarified this point by stating that recognised international guidelines are listed in a Governmental Proposal as uncopuos sdmg, iadc sdmg, European Code of Conduct for Space Debris Mitigation and the iso standards for space debris mitigation.193 Section 10 further sets out that the operator must restrict the generation of space debris during the normal operations of the space object, reduce the risks of in-orbit break-ups and in-orbit collisions and, after the space object has completed its mission, seek to move it into a less used orbit or into the atmosphere.194
Section 7 of the Act regulates the issue of liability. As a general rule it sets out that ‘[c]ompensation for any damage caused by a space object shall be paid from State funds, with the exception of damage caused to the operator’. The State, however, ‘has the right to recover the compensation paid to the injured party from the operator’ to the extent that the operator would have
After receiving authorization, operators (the nsas) are under obligation to provide information about any changes that could affect the conditions for the authorization without delay, as well as any changes of ownership over a space object or discontinuation of space activities.197 This means that the nsas need to fulfill the conditions for authorization prior to the process and also after authorization is given. This obligation is further concretized by the Ministerial Decree, which calls for an annual report, provided by the operator, in which the progress of the space activities, the functionality and any failures of the space object, any warnings and risks of collision, any environmental impacts and a plan for continuing, need to be described.198 Additionally, the respective Ministry must supervise compliance with the law, and has the right to conduct an inspection of the operators’ activities and space objects, conducted by an independent expert.199
In summary, Finnish national legislation lays down the legal framework for state authorization and supervision of nsa space activity. The process contains an environmental component and as noted by scholars, comprehensively addresses the problem of space debris.200 Furthermore, the Act on
2.1.9 Denmark
Denmark’s national space institute, dtu Space, is hailed as one of the world’s leading institutes in space science. It has over 50 years’ experience and a number of international and national partners, including nasa, esa and numerous nsas.201 While Denmark has no national space agency, its space sector participates in almost all esa programs and utilizes EU Horizon 2020 funding scheme to advance its sector, which operates in numerous fields including suborbital flights.202
The main document regulating space activities in Denmark is the Danish Outer Space Act.203 As stated in its Part 1, this Act applies to all ‘space activities carried out within the Danish State’. Besides its applicability on the State’s territory, the Act applies also to space activities carried out on Danish craft or facilities, or by Danish operators. Operator means a ‘natural or legal person who performs, or undertakes to perform, space activities’. Regarding nsas, this Act applies to all nsas operating space objects and exercising essential activities related to those which are on the territory, craft or facilities of Denmark, as well as Danish nsas operating in the described way outside of their home country.
As set out in Part 3, such activities may only be performed after obtaining prior approval from the Danish Minister for Higher Education and Science. In the application for such approval, the operator must establish inter alia that appropriate measures with regard to space debris management are taken and that the space activity which the application concerns is carried out in an environmentally safe manner.
Consequently, space debris management and environmental safety are explicitly listed as the conditions for granting an approval to carry out space activity. Moreover, these facets are regulated more concretely in the Executive Order204 regarding space activities. In Part 3, the Executive order lays down
Part 6 of the Danish Outer Space Act regulates liability and insurance. Under the law, the operator is ‘obliged to compensate for any damage caused by a space object to persons or property on Earth as well as damage to aircraft in flight’. For other damage caused by a space object, the operator is liable under the general rules of Danish law on compensation. nsas may, therefore, be held liable for damages caused by the space object they are operating. In cases when the Danish State has paid compensation for damage caused by a space object operated by the nsa, the State may make claims against the operator of the space object to the extent that the operator is liable. The operator’s liability can, however, be limited in cases when the claimant of the damage contributed to the damaging event, either by intent or gross negligence. The executive order placed a limitation on the operators’ liability at 450 million Danish Kroner (approximately 60 million euros), but has provided also for exceptions in which this limitation does not apply.
Insurance or other security to cover liability for damage caused by a space object is not obligatory under Danish law. Instead, the law provides in Part 6 that the Minister may impose the obligation to take out insurance on the operator as a condition for granting approval to conduct space activity. Insurance by the nsas is thus a possibility, but not a necessity in all cases.
The transfer of space objects or space activities to another owner or operator may, as regulated in Part 7, only take place after prior approval from the Minister. A transfer to another owner or operator domiciled in another State may demand additional requirements for an advance agreement with said State to take over the liability to pay damages. This means that if an nsa sells a space object to an nsa from another State, the question of liability would need to be addressed between the two States.
In summary, Denmark’s laws regulate nsa activity and explicitly make a reference to environmental protection as a criterion in the authorization and supervision process, and imposes criminal liability on corporations in connection with space misconduct. In this way, they make sure that environmental concerns play a role in decision-making regarding nsa space activities.
2.1.10 Italy
Italy, despite being one of the oldest space-faring nations, has not enacted laws that specifically address the space environment or nsa licensing procedures.206 Its instruments contain the obligation to register any object launched by natural and legal persons of Italian nationality or commissioned by them, launches from any base located on national territory or under Italian control by natural or legal persons of any nationality, as well as the obligation to inform the Italian Space Agency of any abandonment of such objects in Earth’s orbit.207 All of the preceding, as well as the information which must be notified to the Italian Space Agency to be recorded in the National Register, is in accordance with the Registration Convention, to which Italy has acceded in the relevant national act. This, however, does not amount to comprehensive national mechanisms on space pollution and nsa activity. Instead, those facets
2.1.11 The Netherlands
The Netherlands is primarily focused on European cooperation with esa and eumetsat.209 The Dutch space sector, one of the country’s top economic sectors, includes approximately 250 entities, such as corporations and knowledge institutions, that engage in designing and building components for rockets and satellites,210 as well as several businesses that are developing services on the basis of processing satellite data.211
National legislation in the Netherlands consists of several documents. First amongst them is the Space Activities Act.212 Under Section 2, this Act applies to space activities that are performed in or from within the Netherlands or else on or from a Dutch ship or Dutch aircraft, and it can be also declared wholly or partly applicable to designated space activities that are performed by a Dutch natural or juridical person or by any other natural or juridical person acting from within the Netherlands. This means that the Act concerns nsas performing their activities in the Netherlands, as well as Dutch nsas performing their activities abroad.
Section 3 prohibits operators performing space activities without a license issued for this purpose by the Minister, and provides for the possibility of
A license may be refused for several reasons, including a situation where in the Minister’s view ‘facts or circumstances suggest that the safety of persons and goods, environmental protection in outer space, the maintenance of public order or national security might be jeopardized by issuing the license’.213 In that case, before the license is revoked, the Minister must take all the steps necessary to ensure the safety of persons and goods, environmental protection in outer space, the maintenance of public order or national security, and must provide the necessary instructions to the party whose license will be revoked, which is then obliged to follow the instructions.
Section 10 places an obligation upon the holder of the license when an incident occurs that may jeopardize the safety of persons and goods, or threaten the outer space environment or the maintenance of public order or national security, or otherwise cause damage. The operator must ‘without delay, take the steps that can reasonably be expected of it to prevent the consequences of that event or, where those consequences cannot be prevented, to limit and rectify them as far as possible’.
Section 12 regulates the State’s right to redress, in case it is obliged to pay compensation for damage under Article vii of the Outer Space Treaty or the Liability Convention, vis-à-vis the nsa whose activity caused such damage. The violations of the Act can result in administrative penalties.214
In summary, the Dutch national legislation regulates in a relatively detailed way the process of authorization and supervision of space activities. It makes an important reference to the protection of the environment in outer space. Whilst it does not explicitly mention the environment on Earth, that can be read into other conditions for license, such as public order or safety of property and people, or from other national and international regulation. Most importantly, however, the Unguided Satellites Decree represents an important novelty amongst national space legislation. Namely, it extends the obligation to obtain a license also to the controlling of unguided objects in outer space.215
2.1.12
Norway is another of the older space-active States, having celebrated 50 years of space activity in 2012, with the first rocket having launched in 1962 from the Andøya launching facility.216 In 2023, it inaugurated a new spaceport in northern Andøya.217 The northern islands of Svalbard host Galileo’s largest ground segment, relaying commands to Europe’s global navigational service. These islands act as a Mars-simulation ground and are overall geographically suitable for space activity.218 In Norway, the private space industry has flourished, with Ariane rockets relying on Norwegian-made parts, and Norwegian electronics used in telecommunication satellites, and components and experiments for the International Space Station designed and created in Norway.219
Norwegian legislation on space activities is enshrined in the Launching Act.220 As noted by Frans von der Dunk, this Act is the first example of national legislation on space activities and has been in force since before Liability Convention and the Registration Convention were adopted.221 The text of the Act, however, is short. Article 1 enshrines the obligation to obtain permission before launching an object. In particular, it is stated that it is forbidden to launch any object into outer space without a license, from ‘a) Norwegian territory, also including Svalbard, Jan Mayen and the Norwegian external territories; b) Norwegian vessels, aircrafts and suchlike; c) [a]reas that are not subject to the sovereignty of any state, when the launching is undertaken by a Norwegian citizen or person with habitual residence in Norway.’
Article 1 does not explicitly cover legal persons. However, it is significant that it prohibits the launch of space objects from areas outside the jurisdiction of any State, if conducted by Norwegian subjects. Nonetheless, the limited
2.1.13 Portugal
The Portuguese space industry consists of several start-ups as well as large space companies, which are connected internationally with other companies abroad.222 Its core space legislation consists of a Decree-Law223 and a Regulation,224 both adopted in 2019.
The Decree-Law defines its scope of application in Article 2, declaring that it applies to ‘space activities (space operations or launch centre operations) carried out on national territory, including sea space and airspace under Portuguese sovereignty or jurisdiction, on-board Portuguese vessels and aircraft or from facilities under Portuguese jurisdiction or sovereignty, regardless of the operator’s nationality; or carried out outside the national territory by Portuguese operators or operators established on national territory’. This means that it concerns both Portuguese nsas as well as all other nsas operating under Portuguese jurisdiction.
Article 4 of the Decree-Law demands that space activities are subject to a license and registration. There are two types of licenses that can be obtained from the Space Authority, namely, a ‘Unitary license’, that applies to each type of space operation and is granted to the respective operator, and the so-called ‘Global license’, that applies to a number of space operations of the same type and is granted to the respective operator.225 The Decree-Law lists the conditions for granting a license in its Article 7. This places considerable emphasis on environmental factors and so are set out in full hereunder:
- a)The applicant has technical, economic and financial capacity for space operations intended to be carried out;
- b)The space operation provides appropriate safeguards against damage to the Earth’s surface, airspace and outer space, according to applicable national and international obligations;
- c)
The space operation guarantees the minimization of space debris, to the greatest possible extent, according to international principles and obligations; - d)The space operation is compatible with applicable public security standards, including those relating to public health and physical security of citizens;
- e)The space operation does not jeopardize internal security and the strategic interests of the Portuguese Republic, nor does it violate international obligations upon it;
- f)All other authorizations and certificates required for the purpose of the space operation have been issued by the respective competent bodies;
- g)The applicant has the compulsory civil insurance as required under article 19.
Additional conditions other than those already provided in the Decree-Law may be imposed, including in relation to environmental protection. The operator must expressly agree to these conditions, but without them the license shall not be granted.226 According to Article 9, the license holder has a right to carry out the corresponding space operations, subject to several duties including compliance with space exploitation principles contained in the space treaties that Portugal has ratified. These include the minimization of space debris and predicting and duly safeguarding against any damage to Earth and the outer space, either directly or indirectly, in accordance with applicable national and international obligations. In this way, Portugal has transposed its international space obligations into national legislation.
Liability is regulated under Article 18, which provides that ‘[w]ithout prejudice to other legally applicable liability regimes, operators shall be liable for damage caused in the exercise of the space activity’. Types of liability are regulated in accordance with the Liability Convention; objective liability is foreseen for damage caused by the space operation on the Earth’s surface or to aircraft in flight; whereas fault liability is foreseen for damage occurring anywhere else. The Portuguese State has the right of recourse against the operator responsible for that space object, up to the limits provided by subsequent legislation. However, in case of fault liability, the limit does not apply. Complementing that liability regime, Article 19 demands that operators take compulsory insurance for liability cases.
Reporting requirements are set out in Article 20, whereby operators have a duty to ‘report to the Space Authority within 24 hours of becoming aware of
The Portuguese Regulation places additional obligations on the operator, including in relation to environmental protection, such as providing ‘safeguards against damage to the earth’s surface, airspace and outer space’.229 The operator must also submit a plan regarding mitigation of space debris, which may, but does not have to, ‘include measures to be implemented to international best practices and principles, especially those provided for in the iso 24113:2011 standard (Space systems – Space debris mitigation requirements), in the 2007 ‘iadc Space Debris Mitigation Guidelines’, and in the uncopuos sdmg, laid down in UN General Assembly Resolution 62/217, of 22 December 2007.230
In summary, the Portuguese legislation requires the State to authorize and supervise nsa space activities. nsa operators are given considerable duties, and must adhere to several safeguards in place to ensure the environmental aspect is taken into account. There is also an explicit reference to several international space debris mitigation instruments, albeit as a voluntary matter.
2.1.14 Sweden
Sweden began development of its space activities in earnest in the 1970s, with the launch of the research satellite Viking and telecom satellite Tele-X.231 Currently, Sweden is one of the rising space actors, having established its own commercial spaceport,232 which will likely also be used by the German launcher startup Isar Aerospace Technologies.233
Section 2 imposes the obligation to obtain a license before carrying out space activities on Swedish territory or by Swedish natural or legal persons. This means that the Act applies to the nsas operating in, or being incorporated in, Sweden. Section 3 provides that a license to carry on space activities may be granted by the Swedish government, subject to certain conditions.235 In terms of liability, Section 6 of the Act allows the Swedish State to demand reimbursement for liability paid for damage that has resulted from space activities carried out by subjects other than the State, including nsas.
On this basis, Swedish space legislation is relatively limited in detail, but does impose requirements for nsas to obtain licenses to engage in space activities.
2.1.15 United Kingdom
The United Kingdom is one of the most active space States, with an estimated 400 or more active satellites. In recent years, heightened government investment into space research and development has resulted in the development of the United Kingdom’s space infrastructure and rise in its global competitiveness.236 The United Kingdom has also centralized oversight of its space strategy and used the UK Space Agency as a central point to coordinate with other public and private bodies. A number of launch sites (currently evaluated at seven) have been opened or are in the process of opening,237 with some launch sites composed of various launch locations.238
The private space sector has grown exponentially in recent years. Influential nsas operating in the United Kingdom include Skyrora or Surrey Satellite
The United Kingdom regulates space activities in the Outer Space Act of 1968.243 It applies to launching or procuring a launch of a space object, operating a space object, and any other activity in outer space carried out in the United Kingdom, or elsewhere by British citizens,244 British Dependent Territories citizens, British Nationals (Overseas), or British Overseas citizens. Citizens include natural and legal persons, thus also covering nsas.245
Environmental concern is not mentioned as a mandatory condition for granting an operator’s license.246 However, the Secretary of may impose conditions, including inter alia a condition ‘requiring the licensee to conduct his operations in such a way as to – (i) prevent the contamination of outer space or adverse changes in the environment of the earth, (ii) avoid interference with the activities of others in the peaceful exploration and use of outer space’.247 Consequently, the UK legislation covers nsas, but the environment
Of particular significance to the activities carried out by nsas is the United Kingdom’s 2018 Space Industry Act.249 This Act aims to regulate space activities, sub-orbital activities, and associated activities, defining space activities as ‘launching or procuring the launch or the return to earth of a space object or of an aircraft carrying a space object, […] operating a space object, […] or any activity in outer space’ (see Article 1).
Article 2 of the Act dictates that the regulator must exercise its functions primarily with a view to securing public safety and secondarily in accordance with several conditions, including ‘any environmental objectives set by the Secretary of State’, ‘any international obligations of the United Kingdom’ and ‘any space debris mitigation guidelines issued by an international organisation in which the government of the United Kingdom is represented’. The later provision constitutes a transposition of international guidelines for space debris mitigation into United Kingdom’s national legislation.
Article 3 of the Act prohibits carrying out spaceflight activities in the United Kingdom, or operating a spaceport in the United Kingdom, without first obtaining a license in accordance with this Act, listing such actions (as well as making any false statements in order to obtain a license) as an offence. The Act provides several conditions for granting a license. Among them, it sets out obligations to carry out a risk assessment (see Article 9) and an assessment of the environmental effects (see Article 11). With this provision, the United Kingdom seeks to ensure that nsas conduct environmental impact assessments prior to launching a space object or operating a spaceport.
The Space Industry Act includes regulations on the issues of liability, indemnities and insurance. The regulation of liability differs from the one set out in the 1968 Outer Space Act. According to Article 34 of the Space Industry Act, in cases when ‘injury or damage is caused to persons or property on land or water in the United Kingdom or in the territorial sea adjacent to the United Kingdom, or to aircraft in flight over any such land, water or sea, or to persons or property on board any such aircraft […] (a) by any craft or space object being used by a
Both the Outer Space Act and the Space Industry Act take into account provisions of Liability Convention and establish that the operator must indemnify the State for the liability it would be required to pay under this Convention. Similarly, both Acts regulate the obligatory insurance which must be taken by the operator for such cases. In Articles 51 to 59, the 2018 Space Industry Act provides for both criminal and civil sanctions for breaches of its provisions.
The 2018 Space Industry Act is an important addition to UK space legislation, introducing a detailed regulatory framework for licensing procedure. It limits the application of the Outer Space Act, as the latter is now only valid for the space activities carried out by UK entities acting outside the United Kingdom. It highlights environmental concerns, among which the most relevant are the requirements for risk and environmental effects assessments and the adherence to international guidelines on space debris mitigation. It is important to note that the Space Industry Act includes sub-orbital activities, which are most often operated by nsas, such as those associated with space tourism, which has been criticized for its disproportionate negative environmental effects.250
In conclusion, the United Kingdom has enacted one of the earliest pieces of national space legislation, with the view of regulating private, particularly commercial, space activity. The Act leaves wide discretion to the Secretary of State, responsible for authorizing and supervising private space activity, with the authority to revoke or modify the authorization. Environmental provisions, including space debris provisions, are not specifically referenced. However,
2.1.16 Greece
Though it is not a major space nation, Greece’s regulatory framework merits a mention. In 2017, Greece adopted its Law on Authorization of space activities, – the Registration in the National Register of Space Objects – Establishment of a Greek Space Organization and other provisions, which was amended in 2020.251 It established the Greek space agency and national space object registry, and elucidated necessary conditions that must be fulfilled for space activities carried out from Greek territory by natural or legal persons (Greek or other nationality) or abroad, in cases where if Greek infrastructure (facility) is used, and for activities carried out under Greek jurisdiction or performed by Greek nationals or legal entities based in Greece (if provided for in international agreements). The conditions furthermore include proof of adequate provision for mitigation and management of space waste, in line with international practices and technological developments, and of non-contamination (including adverse changes) of the space environment or celestial bodies. Additionally, reports on the impact of space objects on the environment are required before and post launch, and at the end of an object’s operational life.252
A further technical standard is expected to be adopted at national level (the Joint Ministerial Decision on the definition of the content of environmental impact reporting by space activities). Currently however Greece as a participant in esa maintains that its law implements existing national, European and international standards and good practices, and moreover enables the Minister of Digital Governance to request technical assistance from third parties (national, European or international) to determine conditions (for example of location or insurance).253 In sum, the reference to mitigating space waste broadly supports the prohibition of excessive harm to the space environment.
3
3.1 United States of America
The United States is one of two oldest space powers, along with the former Soviet Union. Today, it is the undisputed forerunner in space activity, with over half of the satellites in orbit registered to it, and a majority of the commercial space nsas incorporated in it. Among them are some of the world’s most powerful nsas, including SpaceX with the largest number of nsa satellites in orbit and many government contracts in place.254 Correspondingly, its national space legislation is among the most detailed and extensive national regulations worldwide, and its private space sector the most active, with numerous well publicized cases.
The US national framework features numerous acts regulating all aspects of space activity.255 Title 51 of the United States Code (usc) dictates, inter alia, the United States’ space goals, which include the promotion of private industry, ensuring US space leadership, and creating a safe, stable, secure, and sustainable environment for space activities, which it explains as including the promotion of responsible behaviour and measures to mitigate orbital debris.256 The Act goes on to specify several environmental provisions, targeting the space environment protection, and commercial space activity, namely commercial space guidelines, including licensing and monitoring activity.257
Regarding environmental protection, Title 51 decrees that the United States ‘shall’, for the preservation of the space environment, promote, pursue and develop space debris mitigation measures (including mandating compliance with the US Government Orbital Debris Mitigation Standard Practices), space debris remediation (active debris removal), and space traffic management efforts, for which it will share and maintain space situational awareness
Title 51 establishes commercial space guidelines,263 decreeing that activities by private sector enterprises must be encouraged and developed in harmony with governmental activities, while also being protected from predatory foreign investments, in order to promote innovation and global competitiveness and foster development of space collision warning measures.264 nsas are included in the US vision for civil space guidelines, including the push for the Moon and Mars, as private industry is believed to be conducive to US competitiveness and space dominance, and is therefore included in the national security guidelines as well as an integral part of US space security.265
nsa space activities are again addressed in the US Commercial Space Launch Competitiveness Act 2015,266 which grants to US citizens the right to appropriate space resources, including water and minerals, with asteroid resources given special attention.267 The right of private citizens to exploit space
On the issue of mining space resources, existing nsas have already proposed asteroid or lunar mining. This attitude is apparent in the United States, as well as in a range of countries from the United Kingdom, to Luxembourg, to Japan.270 While two of the earliest companies, DeepSpace Industries and Planetary Resources have been acquired by other nsas and repurposed due to cash-flow issues in 2019 and 2020 respectively, numerous new nsas have nonetheless drawn life and continue the quest for space mining (for example, AstroForge and TransAstra).271 This has prompted new movements within the United Nations, namely the establishment of the Working Group on Legal Aspects of Space Resource Activities, to examine and propose an international legal framework for space resource activities.272
Returning to the authorization and monitoring of all US nsa space activities involving satellites, two agencies appear to be of central interest; the Federal Aviation Administration (faa), responsible for licensing launch and re-entry
There is also the National Environmental Satellite Data, and Information Service (noaa), acting under supervision of the Secretary of Commerce, which is responsible for licensing of exclusively remote sensing systems.274 These agencies have enacted detailed regulation pertaining to nsas operating from US territory or otherwise subject to US jurisdiction as will be discussed below, beginning with a general environmental overview. As federal agencies, they are required to act in accordance with the National Environmental Policy Act (nepa) of 1969,275 thus private activities under their purview that require federal license must also satisfy the nepa requirements.276
The nepa has been adopted with a view of encouraging harmony between humans and the natural environment and to promote efforts for the prevention of damage to the environment and biosphere, and to stimulate human health
Even outside nepa, the US framework makes frequent reference to the environment, including the space environment, in various regulatory documents. For example, under Title 14, Chapter 5 of the Code of Federal Regulations, the National Aeronautics and Space Administration (nasa) is obligated to respect the space environment as well as the Earthly environment, which could arguably cover all nasa contractors. US legislation provides that ‘the United States Government, in coordination with other countries and the private sector, has a responsibility to be a good steward of the space environment.’280 It additionally recommends tackling the problem of congested orbits by employing space situational awareness data and coordinating space traffic, directing that ‘space safety and sustainability tools, voluntary consensus standards, and risk mitigation information and practices,’ and ensuring that space situational awareness data be made available to governmental and non-governmental space operators, free of charge.281 Due to the ever increasing traffic on-orbit, and with it the increased necessity for greater precise space situational awareness services, it furthermore, recommended a transition (including formulating a transition plan) to civil capability, as the increased occurrence and volume of such data requires personnel and resources, not related to the Department of Defense’s primary mission.282
In relation to the environment, national policies, namely the US National Space Policy (the Presidential Policy Directive 4 (ppd-4) of 2010) and US
To address the safety and sustainability of the space environment, effective space traffic management is regulated as a form of mitigating the future growth of space debris. The Orbital Sustainability Act of 2023 has been proposed to tackle and provide measures for active remediation of orbital debris, to develop a uniform practice and safeguard the safety and sustainability of the orbital environment.285 The National Space Council, which is the White House policy council responsible for space activities,286 has issued several papers on orbital debris population, finding inter alia that orbits are dangerously congested and calling for the application of best practices (to be shared between governmental and non-governmental actors inter alia through consultations) to protect critical space services. It furthermore called for the United States to develop programs and update regulation, as well as to lead international efforts, to minimize orbital debris, including debris mitigation (including deorbiting or passivation through moving spent spacecraft to a higher orbit). It adds that the United States should lead ‘initiatives to demonstrate active debris remediation of orbital debris generated by the United States or under its jurisdiction, and sharing of data, tying into ‘space traffic coordination’ taken to mean the planning, coordination, and on-orbit synchronization of activities to enhance the safety and sustainability of operations in the space environment.’287 The document established a list of orbital debris to be periodically updated by all space actors and stakeholders, and determined that the orbital
Turning to licensing of nsa space activity, it is evident that the United States foresees a number of different licenses for different space activities. The faa, for example, acts on the basis of the Commercial Space Launch Act of 1984, which decrees that the Secretary of Transportation will oversee and license commercial space launch and re-entry activity on US territory or carried out by US citizens, including natural and legal persons.288 Under the legislation in force, each launch or re-entry shall require licensing, different licenses are foreseen (launch, ren-entry and experimental) all of which require environmental review in accordance with inter alia the nepa.289 Additionally, the law details necessary insurance, financial responsibility provisions of the operator and penalties.290 The faa is also the agency with which space objects must be registered and which forwards the information to the UN Secretary General in accordance with the Registration Convention.291
The fcc on the other hand acts on the basis of, inter alia, Communications Act of 1934,292 tasked with regulating interstate and international communications by radio, television, wire, cable and satellite.293 Satellite communications are managed by its Space office, subdivided into an Earth station licensing division and a Satellite licensing division.294 Both rely primarily on what is generally known as Part 25,295 which provides for a number of different licenses and procedures, includes environmental conditions,296
In contrast to the faa and the fcc, the noaa (under supervision of the Secretary of Commerce), regulates a narrow(er) field of remote sensing industry (in cooperation with the Department of Defense and Department of State in matters concerning national security), which seems primarily concerned with mitigating national security risks. Regulated in Title 51, Subtitle vi, Chapter 601 (Land Remote Sensing Policy) and detailed in the more recent cfr 15 Part 960 (Licensing of Private Remote Sensing Space Systems), which responded to changes in the remote sensing industry, such as for instance the growing number of remote sensing systems,298 cfr 15 specifies inter alia definitions, applicability, license conditions and a detailed procedure for granting as well as amending licenses, including appeal instruments available to nsas and inter-agency (inter-federal government department) coordination where required.299 It divides licenses into a three-tier system based on risk posed by the sensed data, with the first tier subject to the fewest conditions as it concerns systems and data that have considerable comparable competition both domestically and abroad.300 The second tier concerns systems that have domestic competition and the third tier addresses systems that have little to no competition, both of which are therefore subject to “modified operators” or what is colloquially known as “shutter control” whereby the US Government can, in times of “increased concerns for national security and where necessary to meet international obligation or foreign policy interests” temporarily (for a maximum of three years) limit operations of certain remote sensing systems.301 Certainly, this would cover security risks posed by action of nefarious nsas, such as for example terrorist groups, conducting cyberattacks. This seems confirmed in the licensing provisions which specify that remote sensing systems should have cybersecurity plans in place that are capable of preventing unauthorized access and notifying in event of unauthorized access.302 US regulation does not specify the details or technical specifics of such action plans,
In the United States, substantial media publication shows several instances of demands to modify space activity licenses, as well as sanctions leveraged against nsas in cases of violations. Many instances show that nsas apply for modification of licenses, which may be opposed by interested parties and which are ultimately ruled on by the fcc. For example, SpaceX applied for a license amendment to move one of its satellites.304 Several instances show violations of national space legislation were met with stern response from both the fcc and the faa. For example, in 2018 the fcc fined a startup company, Swarm Technologies, 900,000 US dollars (as part of a settlement with the fcc) for unauthorized launch of four of its ‘SpaceBEE’ satellites aboard Indian rocket pslv-c40.305 According to public reports, the company had applied for a license in December 2017 and, despite not having received authorization, it launched the satellites in January of 2018. It had been suggested that Swarm Technologies had been ‘likely the first time a private organization has launched spacecraft without the explicit approval of any government.’306 Swarm Technologies ceo Sara Spangelo has since then labeled the event a mistake and expressed regret.307 However, the satellites remain in orbit,308 and the
On 2 October 2023, the fcc’s Enforcement Bureau issued a first ever ‘space debris’ enforcement fine to dish for ‘failure to properly deorbit its EchoStar-7 satellite’.310 The fcc announced that ‘[t]he settlement includes an admission of liability from the company and an agreement to adhere to a compliance plan and pay a penalty of $150,000.’311 This followed its finding that the company violated ‘the Communications Act, the fcc rules, and the terms of the company’s license by relocating its direct broadcast satellite (‘dbs’) service EchoStar-7 satellite at the satellite’s end-of-mission to a disposal orbit well below the elevation required by the terms of its license.’312 The fine comes as part of the fcc’s wider step-up action in satellite policy efforts, which inter alia also include the establishment of the Space Bureau and implementing its Space Innovation Agenda.
The faa seems to have stepped up its pre-emptive action, proposing a 175,000 US dollar civil penalty fine against SpaceX for not submitting pre-launch data, more specifically launch collision analysis trajectory data, used to assess the probability of the launch vehicle colliding with one of the thousands of tracked objects orbiting the Earth, to the faa at least seven days prior to the 19 August 2022 launch of Starlink Group 4–27 mission.313 Furthermore, the faa has investigated incidents and issued corrective action orders, for example after a SpaceX Starship incident.314 It also ordered a stay of activity, as for example the recent grounding of a SpaceX Starship.315
As for anti-satellite testing, during the Cold War both the Soviet Union and the United States developed anti-satellite weapons and tested them. It has been evaluated that more than ten satellites were destroyed by the two States
In terms of jurisprudence, several space industry related cases have made it to national courts in the United States.321 In several instances, tort claims have been brought by private persons against nsas under contract with nasa, alleging, inter alia, negative and harmful seismic activity emanating from rocket
Several more contractual cases have also been filed relating to space activity.325 In Martin Marietta v. Intelsat,326 the plaintiff launched two intelsat satellites under contract for a fixed price. However, after the launch of the first satellite with a Titan iii rocket, the satellite and booster that were supposed to deliver the satellite to its orbital position failed to separate from Titan at the correct time and the satellite was not delivered to its target orbital position. intelsat paid 112 million US dollars, with the cost of rescuing the satellite evaluated at around 90 million US dollars, prompting Marietta to bring a pre-emptive action to absolve itself of liability and intelsat counterclaimed for negligence. The initial findings absolved Marietta due to the fact that the US Congress affirmed that US public policy requires those using the services of a licensed space launch provider do so at their own risk, and additionally because the contract between the two parties included waivers of gross and normal negligence.
A series of recent cases have seen some of the largest US nsas pitted against each other. These include an antitrust case,327 a lawsuit seeking to stop Boeing and SpaceX working on a nasa contract while another bid is on the table,328 another by Blue Origin against the United States complaining about an award bestowed by nasa to SpaceX,329 a claim against Amazon’s board regarding a
Two cases which concern environmental protection have arisen in the United States.332 These two cases concerned two nasa missions (joint ventures with esa) for which the plaintiff, an environmentalist group ‘Florida Coalition for Peace and Justice’, sought an injunction citing that nasa had not met the requirements of the National Environmental Policy Act (nepa), which mandates that federal agencies must evaluate and report effects on the quality of the human environment in an Environmental Impact Assessment. The plaintiffs claimed that nasa’s Environmental Impact Assessment was defective and sought to stop the launch. However, in both cases the court found insufficient evidence presented by the plaintiff, rejecting an injunction as the missions would benefit humanity and should therefore not be delayed.
In sum, the United States has extensive provisions in place for the regulation of private nsa space activities, dividing activities between different agencies and determining different categories of licenses. The respective entities are active in the area as shown by several documents on license amendments, grounding orders and fines, and space activities have even reached the threshold for admissibility of national courts, mainly for claimed torts and contractual breaches, with a few cases on antitrust and environment. The United States furthermore has several environmental provisions in place, for governmental and non-governmental actors, focusing on the mitigation of space debris and space traffic management, with the newest efforts focusing on establishing rules on remediation of space debris. This survey of the domestic law presents a positive view for the future. However, whether these provisions will be successful, remains dependent on whether they will be effectively enforced through licensing mechanisms.
3.2
Canada is a highly developed space nation, with high investments in its booming space sector. It has particular expertise in robotics, which it supplies for the iss and will supply for the Gateway and Artemis projects.333 In 2022, Canada’s leading space companies formed a national industry association called Space Canada, with the aim of providing a united voice for Canada’s space sector and fostering its ongoing development.334 In 2023, the Government expanded its support for commercial space launch activities in Canada.335 Some of the most successful space companies in Canada are mda, Telesat, GHGSat and Magellan Aerospace.336
There are several pieces of Canadian legislation relevant to nsa space activity. The most important act concerning nsas is the Remote Sensing Space Systems Act of 2007.337 The Act provides that ‘no person shall operate a remote sensing space system in any manner, directly or indirectly, except under the
Penalties vary for different offenses and can go up to 5,000 dollars (Canadian), in the case of an individual, and 25,000 dollars, in any other cases, but for certain offenses they can be set much higher, namely, in the case of an individual, to a fine not exceeding 50,000 dollars or to imprisonment for a term not exceeding 18 months, or to both; and in any other case, to a fine not exceeding 250,000 dollars.340
Another important instrument for space activities is the Canadian Space Agency Act.341 While the Canadian Space Agency has principally adopted the iadc sdmg in 2012, which it intends to apply during all phases of the Agency’s activities and to all Agency projects,342 the Canadian Space Agency Act contains no specific references to the environment. Nonetheless, Canada has submitted views on reducing space threats through norms, rules and principles of responsible behaviour, under which it recognised both the rising threat of space debris and the expansion in the number of space actors (including nsas) as potential man-made threats. To promote the safety, security, and sustainability of outer space activities and the space environment, Canada supports the adoption of international soft-law standards, on cooperation, communication,
A further significant instrument is the Procedure for the Submission of Applications for Spectrum Licenses for Space Stations issued by the Innovation, Science and Economic Development Department of Canada.345 It makes a distinction between satellites in the geo and those in non-geostationary orbits,346 with the former required to have a plan for their de-orbiting in line with the itu Recommendation on Environmental Protection of the Geostationary Satellite Orbit,347 but the latter required to de‐orbit within 25 years of the end of their operational life in accordance with the iadc sdmg.348
As expected for its large-scale space activities, Canada has enacted relatively detailed legislation regulating space operations. It sets out the proceedings and the conditions for issuing licenses for space activities, in which environmental concern is addressed as well. Besides its hard-law instruments, Canada endorses several international soft-law mechanisms aimed at ensuring sustainability and environmental protection.
4
4.1 The Russian Federation
The Russian Federation is, as the legal successor to the Soviet Union, the oldest space faring nation. In 1957, the Soviet Union launched the first artificial satellite, Sputnik-i. It continued a series of firsts, sending the first living being (a dog named Laika), the first man (Yuri Gagarin) and the first woman (Valentina Tereshkova) into orbit, as well as developing and operating the first orbital space station, Mir, and some of the first anti-satellite weaponry. Since the collapse of the Soviet Union and the establishment of the Russian Federation, the State Corporation for Space Activities, called ‘Roscosmos’, was created and made primarily responsible for space activities. In the 1990s, Roscosmos made a name for itself by providing launch services for actors worldwide, including astronauts from the United States, Canada, European States and Japan traveling to the International Space Station. Historically, the Soviet Union was resistant to private sector activities in space,349 but more recently the Russian Federation has decreed to promote private industry,350 and engaged in public-private arrangements in this respect.351
Space activities conducted in the Russian Federation, under the jurisdiction of the Russian Federation or by subjects of the Russian Federation worldwide (natural and legal), are regulated in the Law of the Russian Federation on Space Activities of 1993, which has been amended several times over the years, most recently in 2022.352 This legislation aims to legally regulate space activity for the purpose of developing the economy, science and technology, as well as strengthening State security.353 It defines ‘space activity’ to encompass all stages of the space industry from development and manufacturing of necessary technology, to operation of objects to use of results,354 thus making the act applicable throughout the different stages of any space activity.
Turning to its contents, Article 1 begins with a decree that all space activities must be carried out in accordance with the Constitution, generally recognized
The Law contains direct references to the space environment. In Article 22, paragraph 1 requires that ‘space activities are carried out with a view to ensuring the level of permissible anthropogenic burden on the environment and the near-Earth space.’ On these bases, it appears that unauthorised nsa space activity and pollution of the space environment are forbidden, in as far as these acts are also prohibited by the Outer Space Treaty, in particular Articles vi, vii, viii and ix. However, this leaves open the question of how the mentioned Articles of the Outer Space Treaty could be and are being concretized in practice, as discussed herein.
Turning to nsa space activity, nsas are referenced several times throughout the Law, with provisions primarily directed at strengthening the technical and intellectual potential of the space industry and its infrastructure under goals.356 However, some of the provisions broader matters, such as Article 17, which decrees that every space object of the Russian Federation is subject to registration and must have markings certifying their belonging to the Russian Federation.357 Pursuant to the Registration Convention, to which the Russian Federation is a State Party, this provision obliges nsas to provide the Russian Federation with the requisite information to be recorded by the State in a national space object registry and pass the information to unoosa, in accordance with Article iv of the Registration Convention.
If a space object is created by Russian organizations and citizens jointly with foreign states, organizations and citizens or international organizations, then issues of the object’s registration, jurisdiction and control over it, and ownership rights are to be resolved on the basis of appropriate international treaties.358 Rights of jurisdiction and control over a space object, as well as ownership rights pertaining to such an object does not affect the legal status of the zone it occupies in outer space, surface or interior of a celestial body.359 Moreover, in the immediate vicinity of a space object of the Russian Federation, the Federation may establish rules that are binding on Russian and
The Law addresses international responsibility and liability, decreeing that State organizations and their officials, as well as other organizations and their officials, along with citizens, that are guilty of violating acts regulating space activities bear responsibility in accordance with legislation of the Russian Federation.361 Liability for damage caused by a space object of the Russian Federation, while carrying out space activities on the territory of the Russian Federation or elsewhere on Earth or in its atmosphere, arises regardless of the guilt of the perpetrator of such harm.362 Conversely, for damage in outer space, caused to a space object of the Russian Federation or property on board such an object by another space object of the Russian Federation when carrying out space activities, compensation from the organization or citizen owning the space object that caused the harm is required under the conditions provided for by the Civil Code of the Russian Federation.363
Most importantly, the law makes Roskosmos responsible for authorizing and supervising Russian nsa space activity, except in relation to damage caused by military or dual use components when this is done either by or in cooperation with the federal executive body for defence.364 The licensing obligation of Roskosmos was augmented and expanded on by the Law on Roskosmos of 2015365 which added that Roskosmos carries out licensing of space activities,366 ‘in accordance with the legislation of the Russian Federation space activities, maintenance of the registry of issued licenses and the federal Licensing control (supervision) of space activities’.367
To assure it fulfills its objectives, Roskosmos may invest or participate in projects, conclude contracts,372 strengthen Russia’s capacity to monitor space objects and events in near-Earth space,373 promote, organise and coordinate work on commercial space projects, assess the feasibility of defence, weapons and space programs and industry, issue permits for the construction or commission of space infrastructure, monitor its development and quality, and conduct inspections of organizations within the rocket and space industry.374 The Roskosmos corporation furthermore prepares regulatory technical and organizational documents for the standardization and regulation of space activities and their procedures.375 All of the above, however, indicate matters which Roskosmos may require for licenses, for example standards to be followed to ensure the safety and security of space operations, including the protection of the environment (both of Earth and outer space as indicated by the Law on Space Activities).
For present purposes, it is therefore important to reiterate that Roskosmos is required to prevent possible space threats to the Earth and its biosphere,382 and ensure the environmental safety of space activities, through inter alia the introduction of technologies and designs that reduce the formation of space debris during launch and operation products of rocket and space technology.383
Turning to environmental provisions and principle requirements deriving from Article ix of the Outer Space Treaty,384 Article 4 of the Law on Space
The proceeding provisions are supplemented by the Law on the State Corporation for Space Activities Roskosmos,388 which makes Roskosmos responsible for managing debris reduction activities in the near-Earth space,389 and for carrying out measures to ensure the safety of space activity (design, manufacture, testing, operation, utilization of rocketry, space objects and space infrastructure).390 The Russian Federation introduced national standards (with accompanying goals and principles) and a national system standardizing technical equipment, manufacture, and related matter,391 in an effort to bring the Russian industry in line with best international practices, standards and agreements.392
The majority of the debris mitigation and limiting measures are, however, intended to be carried out through the Federal Space Program of Russia for 2016–2025 (which mandates that State policy regarding pollution shall be approached through required deployment and maintenance of spacecraft and satellite constellations, international cooperation and protection of the population through inter alia appropriate groundwork for future oriented space complexes and systems) and the ‘Fundamentals of the Russian Federation’s State Policy in the Field of Space Activities for the Period up to 2030 and
In addition, in 2018, the Russian Federation transposed international standards into national standard Outer Space Treaty R 52925-2018,395 which is not legally binding, but does contain requirements that must be fulfilled by all new space systems. These requirements are consistent with the iadc sdmg provisions (doc a/ac.105/c.2/l.260), uncopuos sdmg (a/res/62/217 from 10 January 2008) and International standard iso 24113:2011 ‘Space Systems – Space Debris Mitigation Requirements’.396
The aforementioned instruments apply during all stages of space activity (design, development, operation, passivation and end-of-life missions). They mandate, inter alia, that design and development include analysis of possible effects of space object failure, that periodical check-ups are performed during the operational phase and accounted for in design documentation, that measures are taken for prevention of in-orbit break-ups, intentional destruction (through, for example, self-destruct codes), passivation plans (for example removing residual fuel after end-of-mission), preventing in orbit collision with for example risk assessment, as well as end-of-life procedures (for example de-orbiting), and provide legal regulation for the space industry.397
4.2 Kazakhstan
In relation to space exploration, the Republic of Kazakhstan is best known for its Baikonur Cosmodrome, which is reputed to be the world’s largest operational spaceport.398 The entities carrying out space activities from Kazakhstan are essentially all operated and overseen by the State, with the exception of one private space company called Eurasian Space Ventures.399
Kazakhstan’s main regulatory instrument is its Law on Space Activities.400 However, in Article 2, it provides that when Kazakhstan ratifies an international treaty containing rules that contradict the domestic legislation, the treaty rules prevail. This means that all the rules in international treaties that Kazakhstan is a party to apply to the nsas under its jurisdiction, including those in the Outer Space Treaty, which Kazakhstan acceded to in 1998.401
Under the Law on Space Activities, the Government of Kazakhstan has responsibility for deciding on launches of space objects from Kazakhstan’s territory, approving technical regulations in the field of space activities, and defining arrangements regarding the Baikonur cosmodrome. Article 3 of the Law sets out a number of principles to guide Kazakhstan’s implementation
The safety of space activities is regulated in Chapter 5 of the Law, under Article 27, which requires that measures be taken to protect ‘people’s health and environment protection’. Before the launch of a space object, participants in the space activities must notify the relevant national environmental authority of the coordinates of the designated drop areas for the separated parts of the carrier rocket. If the environment is harmed as a result of the launch, the participants in the space activities should indemnify the damage caused. These rules demonstrate that the Kazakhstan law takes addresses environmental concerns arising from space launches, both ex ante (the obligation to inform the authorized body about the coordinates) and ex post facto (indemnification for the damage caused).
Article 27 of the Kazakhstan Law also regulates foreign nsas. It provides that a space object belonging to a foreign individual or legal entity can fly through Kazakhstan’s airspace while ascending to outer space or returning to Earth subject to the prior agreement of the Ministry of Defence and authorized bodies in the field of emergency situations of natural and anthropogenic character and environment protection.
Importantly, Article 29 provides that state authorities will monitor the impact on the environment and natural resources arising from space activities. Information regarding the protection of the environment and emergency situations should be distributed to the public through a system of notifications via the media and other forms of communication.
Article 30 lists four prohibitions, namely the creation of immediate threats to people’s lives and health, the launching into orbit or deployment in outer space of weapons of mass destruction, the use of space engineering to negatively impact the outer space environment, and the infringement of international norms and standards regarding the pollution of outer space. The pollution of outer space is thus only covered as far as it represents a violation of international standards.
The fact that space activities in Kazakhstan are predominantly conducted by the State is clear from its legislation, which consists of mostly general principles and does not prescribe a detailed procedure for licensing or State authorization of private activities. Its laws contain several references to the environment, and are notable for providing that its international obligations override inconsistent domestic obligations.
4.3 Ukraine
The 2022 full-scale Russian invasion of Ukraine has severely disrupted its space operations (along with many other facets of Ukraine’s societal structures). Consequently, the following discussion focuses on Ukraine’s activities prior to 2022. After the end of the Cold War, Ukraine developed its space capacity based on the infrastructure and frameworks it inherited from the Soviet Union.404 It successfully cooperated with the European Union on matters concerning space exploration, including in relation to the Global Navigation Satellite Systems (egnos and Galileo) and the joint use of Ukraine’s ground satellite telemetry stations.405
In 2019, Ukraine made a significant turn towards the commercialization of space activities, adopting legislation that opened the door for private actors to enter the space sector, including corporations from abroad.406 Shortly after this legislative change, investments in the Ukrainian space sector increased, as demonstrated by the US-based nsa Firefly Aerospace, which placed an order with Ukrainian-owned entity YuzhMash for a 15 million US dollars value
The key Ukrainian space legislation is the 1996 Law on Space Activity.410 Within this legislation, Section i concerns ‘space activity’, and covers nsa activity. It requires State authorization and supervision of any nsa activity.411 This accords with Article vi of the Outer Space Treaty, to which Ukraine is a State party. The scope of application of the Law is defined to apply to space activity, including all phases and all types of activity ‘connected with research and use of outer space’,412 conducted within the territory of Ukraine or abroad, when under its jurisdiction.413
In Articles 24 and 25, the Law provides that compulsory insurance for certain types of space activity shall be obtained, and that compensation shall be provided if any damage occurs. Article 29 goes on to describe that offences under this legislation shall be punishable by disciplinary, civil-law or criminal penalties in conformity with Ukrainian legislation in force.
Among the prohibited or restricted actions are misuses of space technology. For example, this covers where such technology is used as a means of producing effects upon the environment for military purposes or other purposes posing a threat to humankind, or where such is used to present a direct threat to the life and health of human beings, or to cause damage to the environment. These abuses cover violations of international norms and standards regarding
Furthermore, activities “conducted under a specific project which has led to the loss of human lives, substantial material damage or substantial damage to the environment may be restricted or prohibited in conformity with the legislation of Ukraine currently in force.”415 According to Ukraine’s statement to uncopuos, this in effect means that infringing international norms and standards concerning outer space pollution is forbidden when carrying out space activity from Ukraine.416
Several other references to the environment are made throughout the Law. It defines an ‘[i]ncident’ as a space activity related event that has led to a threat to the life or health of persons or damage to or destruction of the property of citizens, enterprises, institutions or organizations, or damage to the environment. Similarly, the term ‘[e]mergency’ is explained to mean an event related to a space activity which has led to the death of persons or to serious bodily injury, or to destruction of the property of citizens, enterprises, authorities or organizations, or substantial damage to the environment.
Article 21 of the Ukrainian Law decrees that subjects of space activity shall comply with safety requirements with regard to the life and health of the public, the property of citizens, enterprises, institutions and organizations and protection of the environment. Article 23 specifies that, should there arise in the course of space activity a threat to the population of Ukraine or to its environment or to foreign States, the Ukrainian National Space Agency shall, in conformity with legislation currently in force, immediately inform the competent State authorities of Ukraine. The Law also addresses space facilities (including in Articles 10 and 12–16). For example, Article 15 requires that space facilities must not be operated in violation of Ukrainian legislation. These provisions could open a pathway for establishing further environmental protection, dependent on environmental laws of the State and applicability of international standards such as the debris mitigation guidelines.
According to Ukraine’s statement to uncopuos, such standards, consistent with the uncopuos sdmg and iadc sdmg, are transposed into a national mechanism complimentary to the law, namely Industrial Standard urkt-03
Finally, in the Agreement between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on Technology Safeguards Associated with Cooperation in the Field of the Exploration and Use of Outer Space for Peaceful Purposes and in the Development and Operation of Space Rocket and Rocket Equipment,418 the environment is mentioned in Article 13(7)(b), which allows the ‘imposition of limitations on the movement and use of protected items and technologies within the territory of the State of the importing Party … in case of a threat to security, public order, human life and health and (or) the natural environment.’
In sum, Ukraine has adopted important changes to its legislation in 2019, allowing for the increasing involvement of nsas in space activities. The analysis of the legislation shows that it pays attention to environmental protection, but it is not clear how this goal is being carried out through the authorization and supervision procedures in specific instances. The 2022 Russian invasion of Ukraine will no doubt significantly impact Ukraine’s ability to maintain the proper regulation of its space programme.
4.4 Armenia
Armenia’s space sector is rapidly developing.419 The Armenian Law on Space-Related Activities,420 sets out the goals of strengthening its security and
Under its core principles of space activities, international security and cooperation are listed alongside ensuring Armenia’s international responsibility and environmental protection.424 The Law decrees that nsa activity shall require a license by the properly authorized body, that the registration of space objects shall be required, that launch facilities will be supervised and that safety shall be assured, inter alia, through compliance with safety requirements and Armenian legislation on environmental protection, and by an effective and efficient information system whereby operators must immediately inform the authorized bodies of any dangers, in the fields of defence, security, emergency and other threat to population or environment. It ends with clarifying that insurance for space activities shall be required, damages shall be compensated in accordance with the law, and that the State shall supervise activities carried out by inspection bodies authorized by the government.
The Law was accompanied by two annexes, namely Annex 1 on procedures and conditions of licensing space activity and Annex 2 on the space activity license form. Annex 1 specifies that licensing is carried out by the Armenian Ministry for Industry and shall be mandatory for legal entities engaging in any space-related activity.425 It shall be granted for an indefinite period, but only to the specific entity and for the specific location.426 Having regard to the provisions and objectives spelled out in the Law, the Annex requires an approved program, detailed description of the company’s activities, information about expected investments, technical specifications, and construction documents.427 Any change in the activity has to be reported within 10 days.428 If an operator is changed, that must be notified to the authority and a new license application submitted.429 A license may be suspended, terminated or
Based on the preceding, the Armenian Law and accompanying documents are broadly formulated, with few mentions of the environment and international responsibility. This leaves it unclear whether the guiding thought behind it is the Earthly or the space environment.
5 South American States
5.1 Brazil
Brazil432 is an emerging space State, with an ideal geolocation for launching.433 It is currently in a process of establishing its space industry, for which it cooperates with other States, such as India, Russia, China and the United States, as well as various nsas.434 In 2021, Brazil’s Earth observation satellite, amazonia-1, was successfully launched by the Indian Space Research Organization (isro).435 At the end of 2022, Brazil entered into formal cooperation with unoosa and the UN Development Programme.436 To prepare for the commercialization of space activities, it is inviting nsas to make use of
Under law number 8,854 of 10 February 1994, Brazil established the Brazilian Space Agency, which is tasked with the establishment of standards and issuing of licenses and authorizations relating to space activities, as well as applying quality and productivity standards in space activities. There is no explicit requirement to observe environmental protections in order to obtain a license to operate from the Government. Moreover, the definition of damage omits harm to the space environment,438 which aligns with the non-ecocentric definition of harm in Article i of the Liability Convention.
Whereas Brazil has enacted national regulation of licenses, including avenues to suspend or revoke them when agreed conditions specified in national law are not adhered to, the conditions do not pertain to environmental safety, but rather to the business soundness of the operator. This seems in line with Brazil’s continued efforts to build up its space sector but not in line with international standards seeking environmental protection and space debris mitigation.
5.2 Costa Rica
In 2021, Costa Rica enacted a Law establishing the Costa Rican Space Agency and another establishing a national registry of space objects pursuant to Article viii of the Outer Space Treaty.439 Both hint at nsas having obligations, but provide no further details.
The Law on the creation of a national registry does not mention the environment and holds no further references to nsa activity, other than indirect obligations to provide information on launched objects. However, the law on the creation of the Costa Rican Space Agency details the functioning and functions of the Agency, reaffirming among the latter the principles of international space law, namely that the exploration and use of outer space shall promote the protection of the Earth’s natural environment and that all means
The Law specifies that the State will be responsible for national activities carried out in outer space by governmental organizations or non-governmental entities, and must ensure that said activities are carried out in accordance with the international principles applicable to space law.440 It furthermore decrees that the Agency will be the national institution in charge of authorizing and supervising national activities carried out in outer space by government agencies or non-governmental entities. Likewise, it will be in charge of ensuring that said activities are in accordance with the provisions of international law.441 It makes no further mention of the environment or specifies any conditions for granting of a license. However, the reference to the goals of solving humanity’s problems and pursuing objectives of sustainable development of the United Nations, focusing on well-being in Article 4, could act as a way of introducing space sustainability and associated environmental protection into Costa Rican space activities.
The Act makes several mentions of nsa activities by, for example, noting that the national space policy should promote the development of space systems, technology and infrastructure, facilitating the incorporation of the productive sector into this activity so that they become more competitive in the markets for space goods and services, as well as promoting competitive advantages and innovation capacity of industries for the development of science, technology and innovation in space matters, in collaboration with state universities.442
5.3 Peru
Peru took a similar approach to Costa Rica, adopting a Law on the establishment and operation of a national Centre for Satellite Imagery Operations, a Decree-Law on the establishment of the Commission National of Investigation and Aerospace development and a Supreme Decree establishing a national register of objects launched into outer space pursuant to Article viii of the Outer Space Treaty.443 Peru’s space legislation requires the submission of
6 Asian States
6.1 Japan447
Japan is a powerful actor on the space scene, with over one hundred satellites in orbit, and an active space agency – the Japan Aerospace Exploration Agency Act (jaxa).448 Japan’s aerospace market is dominated by Mitsubishi Heavy Industries, ihi Aerospace, Mitsubishi Electric Corporation and nec Space Technologies, often supported by venture capital-backed startups like Astroscale (a debris removal nsa).449 jaxa is planning to further increase investments to invest in private businesses.450 Japan cooperates closely with
The most important document of Japanese space legislation is the Basic Space Law,453 which sets out Japan’s priorities and goals, formulating a broad space policy aimed at the improvement of people’s lives through space technology.454 The Act makes specific references to the environment. First, in Article 1, it decrees that space development and use in Japan, based on the pacifist philosophy of the country’s constitution, and while giving due consideration to harmony with the environment, shall improve the lives of the people, contribute to the improvement of society and the development of the economy, as well as to contribute to world peace and the improvement of human welfare. Similarly, Article 7 provides that space development and utilization must be carried out with due consideration to the environment. Article 20 demands the State to take necessary measures to promote space development and use in harmony with the environment, including international cooperation to preserve the outer space environment.
The Basic Law furthermore entails several references relevant to nsa space activity. It determines that all space activities shall be carried out in accordance with international treaties,455 and that the State has the corresponding responsibility to formulate and implement comprehensive policies456 and take necessary legislative, fiscal, tax, financial, and other measures to implement these.457 These encompass Japan’s obligation to authorize and supervise nsa space activity pursuant to Article vi of the Outer Space Treaty. The Law furthermore determines that space development and utilization will improve the technological strength and international competitiveness of Japan’s space industry and other industries,458 that to promote this development and
Following the Basic Space Law, Japan adopted legislation with accompanying Regulations and Enforcement Orders, on handling of remote sensing records and the Act on the launch of artificial satellites and the management of artificial satellites of 2016.461 Any person intending to launch an artificial satellite, as well as any launch facility aboard a ship or aircraft located in Japan or having Japanese nationality must receive permission from the Prime Minister for each launch, by written application along with documents specified by Cabinet Office Ordinance.462 Considering that the Act is aimed at promote inclusion of and competitiveness of companies,463 it is assumed that ‘person’ includes natural and legal persons, thus encompassing nsas, as confirmed by the following provisions.
The Act refers to standards for permission to manage satellites in Article 6. Environmental provisions are included in conditions set out in Article 22, notably that the satellite is designed to prevent the equipment and parts of it from scattering, to prevent other harmful effects on outer space, to prevent harmful pollution of outer space and potentially harmful interference with the space activities of other countries as stipulated in Article ix of the Outer Space Treaty, and to ensure public safety.464 The product must therefore meet standards specified by the Cabinet Office Ordinance, and the management plan presented must entail collision avoidance measures, harmful pollution prevention measures and termination of space activity measures, such as safely deorbiting or moving the satellite to another orbit.465 Further detailed procedures are specified in the ‘Guidelines on Permission Related to launching of Spacecraft’, ‘Guidelines on License Related to Control of Spacecraft’, and ‘Review Standards and Standard Period of Time for Process to Procedures under the Act on Launching of Spacecraft, etc. and Control of Spacecraft’, of the National Space Policy Secretariat (Cabinet Office) from 15 November
In addition to the preceding Act, the government issued a Cabinet Office Ordinance titled ‘Regulations for Enforcement of the Act on the Launch of Artificial Satellites and Management of Artificial Satellites’.468 It addresses nsa conduct and mentions the environment specifically once in Article 22, where it decrees that mechanisms must be put in place to prevent deterioration of the environment, which appears to cover both the earthly environment and that of celestial bodies. On this basis, Japan has incorporated an environmental consciousness into its legislation, at least in part.
The 2016 Act continues that operators are entirely responsible for damage caused by their satellites, with courts being authorized to determine the amount, specifically to consider if force majeure contributed to the onset of damage.469 The Act entails a penalties section,470 specifying four types of penalties for offenses committed in respect of space activities. The highest penalties are imprisonment with work for not more than three years, a fine of not more than three million yen, or both, for launching without a license or non-compliance with license conditions for such offenses as launching without a license or violation of license. The lowest penalty is a non-penal fine of not more than 100,000 yen for any person who fails or submits a false notification. For corporations, the representative or agent who committed the offence is subject to the above-described penalties, with the corporation itself subject to the fine prescribed in the Act in addition. The preceding is well formulated to enable supervision of nsa activity.
Regarding actual practice, Ishikawa, Yotsumoto and Odan highlight that test launches (namely, launches without payloads) and suborbital flights may be outside the scope of the Space Activities Act. While permission for launch activity is in principle given on a case by case basis, in reality the fact that the
However, on the issue of resources, Japan’s record is less environmentally oriented. In 2021, Japan became the fourth country in the world to enact national legislation permitting extraction and appropriation of space resources.474 In this respect, it fits with the emerging trend of State signatories of the Artemis Accords, which claims that the extraction of space resources is not inconsistent with Article ii of the Outer Space Treaty.475
In summary, Japan thoroughly regulates nsa space activity in several respects. Japan lists the environment under goals of the Basic Space Act, and specifically as a condition for management of satellite permits, where it directly references Article ix of the Outer Space Treaty. Further mentions of Japan´s responsibility under international law and the general obligation that all space activity is carried out in accordance with international law, with specific mention of the Outer Space Treaty, makes it apparent that Japan has considered its obligations under Articles vi and ix of the Outer Space Treaty, and has established a licensing procedure, defined consequences to non-observation of the legal obligations, and adopted some environmental protection provisions that include also the outer space environment.
6.2 Republic of Korea
The Republic of Korea has a developed space market. In 2022, its space budget was 553 million dollars (US). The following year, it increased 19.5 percent to
Korean legislation relevant for space activities consists of several legal documents.478 The first one adopted was the Aerospace Industry Development Promotion Act479 of 1987. In 2005, a more space-specific act was adopted, entitled the Space Development Promotion Act.480 Both documents are primarily addressed to the State481 and/or establish new bodies.482 However, the Space Development Promotion Act contains certain provisions that are also relevant to nsas.483
If Korean nationals, natural or legal persons, intend to launch space objects in or outside Korea, they need to obtain a license from the respective authority – the Minister of Science and Technology.484 In their application, a launch plan including a safety analysis report, a payloads operation plan, and the damage liability coverage must be presented. Though there are no specific references made to environmental protection amongst the conditions for granting a license or amongst reasons for its termination, a reference is made to safety and security,485 which could encompass environmental concerns under Korea’s international obligations. Regarding enforcement, Article 14 regulates liability and Article 15 demands third-party liability insurance, both aimed at
The Space Development Promotion Act regulates sanctions for certain violations of its provisions.487 Both a monetary fine as well as imprisonment are possible. The length of imprisonment and the amount of monetary fine are defined based on the type of offence. For example, for performing a launch of a space object without obtaining a license, imprisonment up to five years is possible, as well as a monetary fine of fifty million Won.488 In certain cases, dual penalization is possible, meaning that the person that is a representative, agent, servant or other employee of a legal entity, as well as the legal entity, can be charged simultaneously.489
Lastly, it is important to mention Korean Space Debris Mitigation Recommendations for the Development and Operation of Spacecraft. These recommendations are based on international uncopuos recommendations, and their purpose is to create an environment in which Korean nsas can voluntarily participate in the international community’s efforts to protect the space environment. These efforts include the safe utilization of space assets and the sustainable use of outer space, by specifying matters that should be considered by developers and operators of launch vehicles and satellites to minimize the generation of space debris.490 While this document is significant as an example of State practice, it remains non-binding in nature, and therefore it is tantamount to provisions transposing sdmg into national legislation, included in certain laws, such as Austrian or Slovenian acts on space activities.
The analysis of Korean space legislation shows that the State has managed to put in place several obligations resting upon the government and other State bodies to act in matters of authorization and supervision of nsa space activities, and has also established several obligations for nsas directly, as well as several sanctions for non-compliance. While there are no specific references to the environment made in the law, the Korean Space Debris Mitigation Recommendations contain several recommendations for protecting the space environment and minimizing harmful effects of space debris. However, these Recommendations do not contain enforcement mechanisms and operate on a voluntary basis.
6.3
China is a notable example of a space-active State without a specifically tailored space law. Despite being highly active in space and undergoing several missions, including, but not limited to satellite operations, global navigational services (BeiDou), celestial missions and even an orbital space station, China has only issued an official National Space Policy in the form of White Papers, which are issued approximately every five years.491 These indicate that China considers space activities critical to, inter alia, its ability to conduct domestic operations. While it has relied on an untrammeled use of space to develop its capabilities, it now seems to recognize that to maintain its space operations it must pay due regard to the protection of the space environment and prioritize sustainability of its access to outer space.492
In the 1980s, China recognised the strain its vast population was placing on the environment and the necessity to protect that environment to guarantee its survival. This led to the development of Chinese environmental law,493 which means environmental protection has ever since needed to be planned into all Chinese activities.494 China was furthermore an original member of the Inter-Agency Space Debris Coordination Committee (iadc)495 in 1995, signaling its devotion to space sustainability, developing space object and debris monitoring capabilities as early as 2001. The environment-friendly approach is furthermore mirrored in China´s White Papers from 2000, 2006, 2011, 2016 and 2021, which spell out Chinese space policy.
Carns notes that the 2000 White Paper set out the initial roadmap, recognizing the importance of ensuring space sustainability and for China to engage with the international community and adopt necessary measures to protect
These white papers highlight China’s long involvement in advancing space debris management and sustainability. Its other related efforts include the China-Russia Space Cooperation and Sino-US Expert Workshop, advancement of new technologies, mitigation measures, in-orbit servicing, and even interest in ‘space debris cleaning’, which Carns assumed to refer to active debris removal even though the term is not employed.503
Regarding nsas, China seems to view partial privatization and further development of commercial space activity as one of the critical cornerstones to
The Interim Measures address protection of the environment, requiring reducing the likelihood of creating space debris, and prohibiting activities that would cause irremediable danger to public health, safety or property during all phases of space operations, especially during space operations due to space debris being considered one such danger to future operations and public property.508 In this, China directly addresses space debris, requiring that certain safety designs must be met to ensure safety. The instruments also require that the entity undertaking the space activity must provide sufficient information regarding the materials that will be used, the safety systems and their reliability, how assessments of possible malfunctions of the launching rocket will be conducted, and measures that will be taken to avoid pollution and debris production.509
In terms of jurisprudence, though it is scarce, China has demonstrated its willingness to take nsas to a domestic court of law in one case, where it applied Article ii of the Outer Space Treaty to prohibit private appropriation of the lunar surface.514
As an overarching observation, in spite of lacking a national space law, China has adopted regulations designed to reflect its international obligations, such as those contained within Articles vi and ix of the Outer Space Treaty. It requires nsas to respect the space environment. However, doubts could be raised with regards to the reality of the debris situation, referencing the 2007 asat test and several other alleged asat tests. Chinese national defence strategy seems to rely heavily on the development, testing and use of asat
6.4 India
India is a rising space power with a regional navigational system in operation, celestial missions including a relatively recent non-manned landing on the dark side of the Moon, considerable numbers of other satellites in orbit, and anti-satellite weaponry, the ability of which is successfully tested in 2019 with an asat test.
Notably, India is another example of an active space State without a core piece of legislation in place. In 2017, the Indian Government introduced the Space Activities Bill 2017, which is, however, still in the legislative process. In the meanwhile, India only has a space policy in place issued by the Indian Space Research Organization.516 The policy is applicable to any space activity directed to or undertaken from Indian territory or within the jurisdiction of India including the area to the limits of its exclusive economic zone.517 Additionally, exemptions may be provided on a case-by-case basis. Content-wise, the policy seeks to provide regulatory certainty for space activities by various stakeholders and to create a thriving space ecosystem. In this, the policy is quite commercially oriented, making numerous references to nsa space activity, and entailing developing a flourishing private sector participation.
Specific mentions relevant to nsa activity in space include the statement that they shall be allowed to undertake end-to-end activities in space sector
Regarding environmental provisions, the Indian policy lists the protection of the environment and lives among its values. The Department of Space shall participate in international efforts by providing critical remote sensing satellite data for disaster management efforts and meeting the requirements of the sustainable development goals formulated by the United Nations in coordination with the Ministry of External Affairs. It is required to establish a framework to ensure safe and sustainable space operations, in compliance with relevant international space debris mitigation guidelines. While the reference to protection of the environment does not specify whether it includes the space environment, it could be read from the overall provisions contained in the policy, especially the dictum that the Space Debris Mitigation Guidelines should be respected, that protection of the space environment is or at least will be warranted in the course of space activities conducted by India and its nsas. India, for example currently and despite its 2019 asat test, maintains that it adheres fully to the uncopuos sdmg, practices de-orbiting of space objects and has advanced Collision Avoidance capabilities (cola) and Space Objects Proximity Analysis (sopa) for safeguarding its space assets during ascent, orbital insertion and in-orbit operation.518
6.5 Indonesia
Indonesia is an active space nation with around 8 satellites in orbit and ambitious plans for a spaceport in 2040.519 Indonesia implemented its Law of the Republic of Indonesia on Space Activities,520 Presidential Regulation No. 45 of 2017 on National Plan on Space Activities year 2016 – 2040 and Government Regulation No. 11 of 2018 on Remote Sensing.
Its main Law on Space Activities applies to natural and legal persons on the territory of Indonesia or abroad under its jurisdiction on its behalf or by its
It is notable that sustainability for present and future generations is included among goals of space activity, next to State independence, defence and competitiveness as well as welfare of its people and protection of the people from negative consequences to ensure safety and security.529 This indicates that environmental protection must be secured not only for itself, but for the protection of the people as well.530 Moreover, in the section discussing spaceports, the Indonesian Law requires environmental sustainability and an environmental impact analysis, in accordance with national and international provisions.531
Regarding nsas, the Law references commercial activity specifically and demands compliance to standards for a license,535 which shall be set out in a government regulation.536 The most specific provisions concern launching activities. They require that financial requirements and insurance be obtained, that any potential and/or possibility of accidents and/or public health problems or material losses is minimized, as well as ensuring that a space object does not carry nuclear weapons, weapons of mass destruction or other dangerous weapons. They also require guarantees that the launch will not cause possible disruption to national security and will not cause violation of foreign policy and international obligations. They finally require the operator to pay attention to and fulfill provisions on aviation safety .537 In the event that the launch is carried out abroad (that is, beyond Indonesian territory) the launch license must require an agreement that Indonesia can be released from liability in instances of damage occurring.538
Launch safety officers are authorized to enter and inspect space facilities and any space objects and test other equipment located at the facility with the approval of the space activity license holder,539 and that every space activity license holder, employee, and agent or contractor shall comply with the instructions given by the launch safety officer at the launch facility.540
Finally, the Law decrees that immediately after an accident, the launch license concerned shall be suspended until the freeze is lifted by the Minister; it may furthermore be revoked or altered during the freezing period.541 All
In sum, the Indonesian Law was adopted after the International Law Association’s Model Law, which is discussed below, and provides broad coverage of the key obligations placed on States under international space law. Given that Indonesia is a relatively new entrant to the space exploration context, it is an important step to have the legislation in place. Nonetheless, it remains to be seen how the national regulation will evolve through the indicated Governmental Regulations and how the provisions will be carried out in practice.
7 Middle Eastern States
7.1 United Arab Emirates
The United Arab Emirates has a fast-growing space sector and has drastically increased its investments in the space sector in recent years. In 2019, they exceeded Dh22 billion (approx. 6 billion US dollars), with over 50 space-related establishments operating in the country and creating around 1,500 jobs.545 In 2020, the United Arab Emirates carried out the first Arab unmanned mission to Mars.546
The core legislation in the United Arab Emirates is its Federal Law Number 12 of 2019.548 In Article 1 of this Law, it is explained that the Law applies to both physical as well as juridical persons, meaning that this law applies to the activities of nsas. The objectives of this Law include stimulating investment and encouraging the participation of the private and academic sectors in space activities. Importantly, the objectives include supporting environmentally-oriented (or at least conscious) measures to enhance the sustainability and long-term stability of space activities and related activities. This means that the Law on one hand aims at achieving a significant measure of participation of nsas with their headquarters in the United Arab Emirates in space activities, but on the other hand includes environmental protection, at least as a means to ensure the sustainability of space activities.
Space activities are defined broadly, including space resources exploration and extraction.549 This makes the United Arab Emirates one of the very few States that explicitly allow such activities, in line with those members of the Artemis Accords. However, nsas may only conduct space activities if granted a permit to do so by a specialized Agency.550 The obligation to obtain a permit applies also in cases when an operator is using space nuclear energy sources.551 Every operator authorized to use space nuclear energy sources must immediately inform the Agency of any accident or incident encountered, or the risks faced, and any measures undertaken thereby to reduce the same or the effects thereof.
Article 19 of the Federal Law is relevant for the prevention of space pollution of nsas, as it is dedicated to space debris mitigation. It provides that every operator seeking to own or develop a space object, or carry out or participate in space activities, must take the necessary measures and plans to mitigate space debris and reduce the effects thereof. The operator is liable for damage caused on the surface of the Earth or in aircraft during its flight, by a space object
Based on the foregoing, the Emirates’ legislation reflects its ambitious space activities. Its Federal Law tackles several fields that are rarely tacked by national laws – for example, the extraction of space resources and the deployment of nuclear energy sources. Despite a strong interest in enhancing the capabilities of its private sector, the Law contains several safeguards aimed at preventing space pollution, such as environmental impact assessment, risk management plan and space debris mitigation.
8 African States
8.1 South Africa
South Africa has been active in the field of space activities since the beginning of the space age, and is one of the leading actors of this field on the African continent.553 According to its Council for Space Affairs, the country has taken meaningful steps towards the aim of sustainable development and the role of space activities in achieving this, as it has since 2002 Johannesburg World Summit on Sustainable Development promoted and coordinated initiatives for sustainable Earth observation, such as the Group on Earth Observations, which then resulted in a globally coordinated Earth observation system – called geoss.554
The main legal document regulating space activities in South Africa is the Space Affairs Act.555 It concerns itself with mechanisms to control certain space affairs and the matters related to that issue. Even though the environmental aspect is not explicitly mentioned in it, the Act still contains several important provisions regarding nsas.
In Article 1, the Act defines ‘space activities’ to mean ‘the activities directly contributing to the launching of spacecraft and the operation of such craft in outer space’. It also defines a distinct category of ‘space-related activities’, meaning ‘all activities supporting, or sharing mutual technologies with, space
In order to achieve its purpose, Article 5 lists the tasks of the Council, which include to supervise and implement matters arising from international conventions, treaties and agreements concerning space affairs entered into or ratified by the Government of the Republic. Article 11 regulates licensing, and covers a broad spectrum of nsa activities. According to Article 13, licenses may be amended, suspended and even revoked. The Act does not list environmental concerns as an explicit reason for such a decision, however, it is not excluded that the Council could take this aspect into account. The person holding a license carries certain duties and liabilities, as regulated in Article 14. Violations of the provisions regarding licensing procedures and obligations of the license holders are sanctioned by a monetary fine, imprisonment (for some offenses even for a period up to 10 years) or combination of both.
In addition to the aforementioned Space Affairs Act, South Africa has adopted the Space Affairs Amendment Act.556 Even though it introduced certain changes to the text of the document from 1992, it does not refer to the environment at any point. Similarly, the Astronomy Geographic Advantage Act,557 which aims to outline measures to advance astronomy and related scientific endeavours and regulate activities in that field, makes a reference on national environmental laws on several occasions,558 but only with regard to actions taken on Earth to remove obstacles for astronomical observation.
On these bases, it can be concluded that South Africa has developed a relatively extensive legal framework governing its activities in outer space. Little of it, however, directly concerns space pollution or the preservation of the space environment.
8.2 Kenya
Despite its interest in space activities, Kenya has no legislation and instead relies on a space policy. The policy mentions the space environment in the
8.3 Nigeria
Nigeria has enacted laws establishing national space agencies, which in broad strokes predict a licensing obligation for these entities but do not detail any conditions. Nigeria in its National Space Research and Development Agency Act563 established its national space agency, detailed its procedures and organs, and determined that the agency shall develop the national space policy ensuring that space activities benefit the social and economic development as well as State security of Nigeria. Section 6 specifies general conditions for licenses, prohibiting any activity that would jeopardize public health, the safety of persons or property, would impair the national security or be inconsistent with the international obligations of the Republic of Nigeria. All licensees must thus provide, as soon as possible, information regarding their space objects and activity (in accordance with Article iv of the Registration Convention and Article xi of the Outer Space Treaty). For any deviation from
Most importantly for the present research, the Nigerian Act specifies that all operations by the license holder are required to be conducted in such a manner as to ‘prevent the contamination of outer space or adverse changes in the environment of the earth’, as well as to avoid interfering with others’ peaceful exploration and use outer space, and to avoid breaching Nigeria’s international obligations. In accordance with these provisions, licensees must inform the Council as soon as practicable of the end-of-life operations, the final disposal of space object and payload, and termination of operations. The Act therefore contains some safeguards for nsa space activity, including safeguarding the space environment as a condition for granting a license, and is according to Nigeria’s statement to uncopuos in compliance with uncopuos sdmg.564
9 Additional States with Regulatory Mechanisms Concerning Space Activities
Several more states enacted decrees establishing space agencies, for example Algeria,565 Philippines,566 Colombia,567 Ecuador,568 Malaysia (which includes some references to licensing and insurance obligation),569
Chile, for example, specifies that space activities should be used for national defence, to enhance the country’s social and economic development, to participate by providing their views in the context of international space organizations, and to unify different sectors in support of the peaceful exploration and use of outer space.575 The Chilean Space Agency is responsible for developing space policy and advising on space matters, including entering into international cooperation or agreements, promoting space activities, proposing criteria for the allocation of national resources for space development, maintaining and updated information on space activities at national and international level, and proposing relevant improvements or reforms at the institutional and operational level.576 Chilean authorities are required to identify and propose tools and resources for environmental protection and the control of international drug trafficking, providing assistance in these fields to the National Environment Commission and the National Drug Control Commission.577
Another example is Ecuador, which has established the Ecuadorian Space Institute, placed under the authority of Ministry of National Defence. The
In a similar vein, the Polish Act creating the Polish Space Agency (polsa)579 does not mention the environment or authorization of nsas. It lists the tasks of the Space Agency and its general objectives for space activities to profit the economy and defence development of the State. The Act provides that the Polish Space Agency will support the space industry and specifies that Agency members shall include representatives of industry, including from entrepreneurs’ satellite technology companies involved in the implementation of European Space Agency projects.580
Colombia’s Space Agency Act is publicly oriented and only mentions the private sector when it decrees that national policy shall be coordinated to create incentives for private initiative participation in space activities,581 and where it states that public officials and private citizens may be invited to participate in the deliberations of the technical committee, with the right to speak but without voting rights.582 Otherwise, the Colombian Act seeks to develop the Colombian space sector, enlisting international cooperation as a means to achieving its goal. For this, an intersectoral body for the coordination and execution of national policy for the development of space activities is proposed, to be composed of various public personnel from almost all ministries and the air force, including one representative from universities with the right to speak but without a vote.
Some States enacted acts in specific areas, such as for example Tunisia, which passed a law on the formation of the National Mapping and Remote Sensing Centre of Tunisia and a decree on the establishment of the National Commission of Outer Space.583
The Philippines adopted its national space legislation in 2019 establishing the Philippine Space Agency (PhilSA) and national space policy.584 The Philippines’ private space industry is still evolving, primarily supporting governmental and research actors.585 It has numerous acts pertaining to space activity, particularly provisions on streamlining export controls to establish a booming industry,586 controlling devices and technology that could be used to manufacture weapons of mass destruction,587 internet,588 funding
Some States such as Argentina,592 and Spain,593 have enacted registration legislation establishing national space object registries and procedures to comply with Article viii of the Outer Space Treaty and the Registration Convention. Argentina, with several satellites in orbit,594 has a number of national acts establishing the national space agency, space registry, and the Argentine Company of Satellite Solutions. These acts result in space activities in Argentina being ‘monitored, managed and administered by the National Commission on Space Activities (conae)’.595 nsas are inter alia tasked with
It is furthermore noteworthy that several of the States mentioned in this Chapter are forming new international organizations, such as the Latin American and Caribbean Space Agency (alce),598 and the African Space Agency (AfSA),599 while several of the Middle-Eastern States are part of the Arab Satellite Communications Organization (arabsat).600 How these will affect the evolution of space activities within its member States remains to be seen, but it demonstrates the regionalization of space exploration activities.
Finally, Azerbaijan enacted a Presidential Order establishing the State Program for the development of Earth observation services, which stressed the importance of Earth observation satellites for the protection of the environment.601 Without stating it explicitly, this is directed toward the Earthly environment. Similar intentions were expressed in the Presidential Order on the creation and development of the space industry in Azerbaijan, with special importance (key priority) placed on communication services with regard to Azerbaijan’s oil sector.602 The two orders are supplemented by the Charter of the national space agency Azercosmos, which in broad terms predicts economic and commercial space activity, but in the end again concentrates on public activity, determining only the goal of establishing a national space
In addition to these national acts, Azerbaijan has entered into two international agreements with the Russian Federation,606 and France’s Airbus ds.607 The first has the stated aim of ensuring that the space industry conforming with international standards. This could potentially open the door to licensing and environmental provisions, in accordance with international standards such as space debris mitigation guidelines. However, the agreement is State-oriented, mentioning the needs of the population, such as, for example, tv and internet communications especially in rural mountainous areas, establishment of infrastructure, personnel training, manufacture and operation of first Azeri satellites, and the environment, which restricts its ambit to the terrestrial environment. No specific references to authorization and supervision procedures or licenses with regard to nsa are made.
Regarding the second agreement with France’s Airbus ds, the agreement numbers satellites of interest, including Azersky for which it states a lifespan of twelve years, without noting end-of-life procedures following the twelve years. In general, this agreement is largely State-oriented, as it mentions the necessity for developing capabilities and human resources for it, and mentions
Some of the former Soviet States, such as Kazakhstan and Azerbaijan, exhibit certain common tendencies in national space acts such as State-oriented programs and the building of national space programs on the capabilities and activities developed during the times of the Soviet Union.608 How these will proceed in the future will be significant. However, the Russian invasion of Ukraine in 2022 calls much of the prospects for international cooperation in space endeavours into question.
Many other States, however, remain without national space legislation even as they consider, possibly even embark on, space activities. Israel, a space-active State, is among these.609 In 2023, it announced to the uncopuos Legal Subcommittee that it intends to draft and adopt national space legislation, as well as referring to Israel’s international obligations under the space law treaties and international standards.610 It did not specify which standards it was referring to, but alluded to its obligations vis-a-vis the private sector, especially in an era of NewSpace,611 a term which refers to the rise of private space actors and the ensuing commercialization of the space industry.612 Given the recent Houthi attempted attack on Israel, it may cause the latter to re-invigorate its space activities, but more for military purposes than those of exploration and peaceful scientific study.
The acts mentioned above (State space policies, acts establishing space agencies or national space object registries) are primarily enacted by space
10 International Law Association Model Law for Domestic Systems
There is some variation in State approaches to regulating nsas conducting space activities under their jurisdiction, as set out in the preceding analysis. For the purposes of harmonizing the analysis of State approaches, the International Law Association’s Model Law on national space legislation provides guidance.617 This non-binding instrument contains minimal and optimal provisions that should be included in national space acts.618 The Model Law proposes national legislators adopt in national space acts provisions on
The Model Law defines ‘space activity’ broadly, as including ‘the launch, operation, guidance and re-entry of space objects into, in and from outer space and other activities essential for the launch, operation, guidance and re-entry of space objects into, in and from outer space.’ The term ‘operator’ refers to a ‘natural or legal person carrying out space activities.’ There are various conditions required for granting a license, including an appropriate financial situation, sufficient technical knowledge and reliability that space activity is compatible with public safety standards, that space activity does not run counter to national security interests, that space activity does not run counter to international obligations and foreign policy interests of the State, that the operator has complied with itu Regulations with regard to frequency allocations and orbital positions, and that the operator complies with insurance requirements. Importantly, the conditions also require that the activity does not cause environmental damage to the Earth and to outer space, and that the space activity is undertaken in such a manner as to mitigate to the greatest possible extent any potential space debris.619
In accordance with Article vi of the Outer Space Treaty, the Model Law requires State supervision of nsa conduct,620 the State’s ability to withdraw, suspend or amend its authorization,621 and that any transfer of space activity or object to a new operator should require prior authorization from the competent authority, checking again the conditions for granting a license.622
Concerning liability, the Model Law provides that States reserve for themselves the right to (limited or capped) reimbursement from the operator for compensation it has paid as the launching State to third parties for damage caused by nsa space activity.623 The Model Law furthermore proposes that all nsa operators should be required to present proof of insurance to cover damage caused to third parties, with specific amounts established by national laws, which may, however, be waived if the operator has sufficient equity capital to cover the amount of damage or if the activity is in the public interest.624 It provides for sanctions (fines) for violations of national space legislation,
Regarding dispute resolution, the Model Law proposes the use of general rules of administrative procedural law, with appropriate costs and tariffs for the procedure specified, and any dispute resolution methods, for which the Model Law suggests bringing claims before a national jurisdiction and failing this (including through the exhaustion of national remedies)626 the Permanent Court of Arbitration (New Rules of the Permanent Court of Arbitration (pca) for Arbitration of Disputes relating to Outer Space Activities).627
In relation to environmental harm, the Model Law requires that ‘space activities shall not cause environmental damage to the Earth and outer space or parts thereof, either directly or indirectly’. It adds that ‘an environmental impact assessment is required before the beginning of a space activity’.628 It specifies that space activities should mitigate to the greatest extent possible any potential space debris, any potential for in-orbit break-ups, and should prepare for post-mission disposal and avoid in-orbit collisions in accordance with international space debris mitigation standards,629 referring to the iadc sdmg, the uncopuos sdmg and the ila International Instrument on the Protection of the Environment from damage caused by space debris.630
The Model Law ascribes States the primary role in regulating nsa conduct. However, this is not the exclusive means of addressing nsa activity, with the Permanent Court of Arbitration also cited as a venue for resolving conflicts.631 Significantly, the Model Law expressly prohibits environmental harm to outer space or Earth and requires environmental impact assessment reports. This provides hortatory support for the conclusion reached above that space law, in accordance with international environmental law, contains a prohibition of space pollution. Moreover, although there is a strong presumption of ensuring
The analysis of the national legislation above shows that various States’ regulatory frameworks cover many of the topics contained in the Model Law. In this way, the Model Law provides a guide to the form and contents of a putative space law instrument setting out the common approach of States, which would contribute to the coherence and consistency of national approaches. In this way, the Model Law contributes to harmonizing State practice and new national space legislation, and in promoting adherence to the minimum requirement for implementation of Article vi of the Outer Space Treaty. However, the Model Law does not contain enforcement provisions expressly applicable to nsas, and so would not provide direct redress for nsa space pollution even if adopted as a binding instrument.
11 Conclusions on Domestic and Regional Practice
The analysis demonstrates the existence of State practice regarding the authorization and supervision of nsa space activities mandated by Article vi of the Outer Space Treaty. However, considerable differences and levels of detail exist across space-faring countries. This is consistent with Larsen’s observation concerning space debris mitigation guidelines that ‘[t]he iadc guidelines are not universally adopted and, where adopted, they are implemented differently by the nation-states.’632 The near ubiquity of environmental protection (to a lesser or greater degree) under domestic space law supports the conclusion that there is a prohibition of space pollution as a general matter shared by space-faring nations, which in turn reinforces the existence of that prohibition as a matter of international law.633 It also supports the contention that the prohibition is widely seen as applicable to nsas. However, the variation in how the prohibition is formulated under domestic law, with some States including criminal sanctions and others treating it purely as a licensing issue, renders it difficult to conclude that the prohibition of space pollution has sufficient consistency to be considered criminalized.634 Moreover, it lacks the precision to be operationalized as an enforceable protection under non-criminal international
Out of the approximately 80 space-active States, the majority have adopted some type of national regulation regarding space activities. However, not all of these acts are comprehensive space laws incorporating detailed authorization and supervision procedures for nsas. Some have enacted only legal acts establishing national space agencies or space object registries, or even only national space policies. Nonetheless, several common features could be identified in a majority of the inspected acts.
Almost all analyzed legal acts of States determine their scope of application so as to apply to nsas. Of those, many differentiate between them, separating mostly two types of nsas: nsas, active in the territory of that state (including that State’s vessels), as well as nsas, incorporated in that State (even when they are active outside of the State’s territory).
Many of the domestic legal acts thus establish concrete rules governing the procedures in which the nsas can request a license, permission or similar document allowing them to conduct a particular space activity.635 In most of these cases the law prescribes the basic information that needs to be provided in the application, in a similar manner to the Model Law. States that have detailed authorization procedures in their national acts furthermore often include insurance obligations, generally tied to damages that the authorizing State may need to pay in case of damage by space objects as the launching State. Typically, States that include these requirements include the possibility for a State to claim back the damages it had paid as the launching state from the nsa which was operating the damaging object. Many States that have detailed authorization procedures, additionally set out detailed supervision procedures. These notification obligations include the requirement to alert the host State about changes in operator, space object ownership transfer, and dangers posed to third parties or the authorizing State. Finally, in most cases sanctions are determined as well, which can include fines and compensation as well as, in some cases, potential criminal charges.
From the perspective of protection against space pollution, many of the acts that contain specific and detailed licensing procedures include references to the space environment, either as self-standing provisions, or more commonly
Those legal acts that list environmental protection as a condition to issuing authorization of space activities, rarely concretize the content of this condition. Most of the time they refer to either national environmental laws (see, for example: Australia), or to international legal standards on environmental protection (see Austria, Belgium, Denmark, Finland, Slovenia). Often, they refer to uncopuos Space Debris Mitigation Guidelines or in some cases to documents of the International Standardization Organization. This leaves considerable discretion to States and room for inconsistent approaches, which could in turn lead to forum shopping by nsas, as discussed herein.636 Therefore, it remains disputed whether the current practice suffices for the emergence of Space Debris Mitigation Guidelines as customary international law.637
Examples of US-based space nsas being legally sanctioned indicates that domestic provisions which reflect international obligations regarding authorization and supervision, including in some instances those regarding environmental provisions, are being enforced in some States. However, in many States the policy statements, national strategies or acts establishing national space agencies or national space objects registries are too vaguely formulated to be justiciable in the courts.
Among the space-faring States, common practices are: permitting nsas to engage in space activities, but only pursuant to State-granted licenses; referring to environmental protection, set out in broad terms; referring to the State’s international obligations, but without any specificity; and imposing a mix of insurance obligations and potential financial and penal sanctions including fines and incarceration, for violating the national regulatory framework. Whilst there is often no specific prohibition of space pollution per se in national legislation, it can be seen that many national acts reflect environmental protection as a key concern, most often in the form of a necessary requirement for a license (for example, the creation of a space debris mitigation plan). In such a way, States have, in many cases, incorporate their obligations under the Outer Space Treaty into domestic law, including Article ix.
Finally, on the issue of space resource extraction, the survey shows that some States have decided to adopt legislation which permits certain entities under their jurisdiction to explore and use space resources. The examples of such legislation (from the United States, Luxembourg, Japan, the United Arab Emirates) are the first of their kind, and provide a precedent for future legislation governing this activity. Concerningly, early examples of such legislation do not make any reference to the environment. Several experts have warned that the extraction of space resources could potentially be harmful and could result in space pollution.638 Accordingly, legislation enabling these space activities should take account of environmental protection.
For an analysis of individual States power in the space arena see Marco Aliberti, Ottorino Cappelli, and Rodrigo Praino, Power, State and Space, (Springer, 2023).
See also Annette Froehlich, Vincent Seffinga, National Space Legislation: A Comparative and Evaluative Analysis (Springer, 2018); Ram S. Jakhu, National Regulation of Space Activities (Springer, 2010); Joanne Wheeler, The Space Law Review (4th ed.) (Lexology, 2023).
For further discussions on this topic See Chapter 3, Section 1; Gerhard (2009), pp. 103–126; Hobe (2019), pp. 127–133; Stephan Hobe, ‘The ila Model Law for National Space Legislation’ (2013) 62 zlw 81, pp. 81–95; Irmgard Marboe, ‘National space law’ in von der Dunk and Tronchetti (2015), pp. 127–39; Frans von der Dunk, Advanced Introduction to Space Law (2020), pp. 115–21.
See also Steven Freeland, ‘Overview of Current International Space Law in the Context of Planetary Defense’ (2021) in Irmgard Marboe (ed.) Legal Aspects of Planetary Defense (Martinus Nijhoff, 2021), pp. 109–119.
icj, Case concerning Military and Paramilitary Activities in and against Nicaragua, Merits, Judgment; icj Rep. 1986, para. 186.
Statute of the International Court of Justice, 26 June 1945, 33 unts 993 (entered into force on 24 October 1945) (‘icj Statute’).
See icj, The North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands), Judgment of 20 February 1969 (icj Reports 1969, p. 4), para. 77: (‘[n]ot only must the acts concerned amount to a settled practice, but they must also be such, or to be carried out in such a way, as to be evidence of a belief that this practice is rendered obligatory by the existence of a rule requiring it. The need for such a belief, i.e., the existence of a subjective element, is implicit in the very notion of the opinio juris sive necessitatis’) and para. 74 referring to extensive and uniform state practice. In the Nicaragua case, the icj provided a more flexible guide to the level of State practice: icj, Case concerning Military and Paramilitary Activities in and against Nicaragua, Merits, Judgment (icj Reports 1986), para. 186 (‘[i]n order to deduce the existence of customary rules, the Court deems it sufficient that the conduct of States should, in general, be consistent with such rules, and that instances of State conduct inconsistent with a given rule should generally have been treated as breaches of that rule, not as indications of the recognition of a new rule. If a State acts in a way prima facie incompatible with a recognized rule, but defends its conduct by appealing to exceptions or justifications contained within the rule itself, then whether or not the State’s conduct is in fact justifiable on that basis, the significance of that attitude is to confirm rather than to weaken the Rule’).
icj, Case concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), Jurisdiction of the Court and Admissibility, Judgment (icj Reports 2002, p. 3), at pp. 23–24, paras. 56–58; International Law Commission, ‘Identification of customary international law’, a/cn.4/691, 9 February 2016, para. 21.
See International Law Commission, ‘Identification of customary international law’, a/cn.4/691, 9 February 2016, pp. 5–6.
See, e.g., unoosa, National Space Law (20 December 2023) (available at
See uncopuos, Schematic Overview of National Regulatory Frameworks for Space Activities, UN Doc. a/ac.105/c.2/2023/crp.28 (20 March 2023).
All evaluations, including evaluations about how many satellites different States have in orbit, have been taken from the unoosa, Online Index of Objects Launched into Outer Space (20 December 2023) (available at
unoosa, Online Index of Objects Launched into Outer Space (20 December 2023) (available at
unoosa, ‘United Nations Register of Objects Launched into Outer Space: Notifications from States and Organizations’ (available at
See Online Index of Objects Launched into Outer Space; Notifications to the UN, available at
Marc Carns, Orbital Debris Prevention and Mitigation Efforts Among Major Space Actors, (Martinus Nijhoff, 2023), p. 162.
Primoz Rome, ‘Every Satellite Orbiting Earth and Who Owns Them’ DEWESoft (18 January 2022) (available at
Kizer Whitt (2022); Rome (2022).
Tremayne-Smith, ‘Environmental Protection and Space Debris Issues in the Context of Authorization’ in von der Dunk (2011a), pp. 187–188.
European Code of Conduct for Space Debris Mitigation (Issue 1.0) (28 June 2004). See also Viikari (2008), Hobe (2019); uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
uncopuos, Guidelines for the Long-term Sustainability of Outer Space Activities, UN Doc. a/ac.105/2018/crp.20 (28 June 2018).
See uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
See uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
See Statement of Colombia to uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
These are required for signatories to the Optional Protocol to the Convention against Torture (opcat) of 2002, under Article 17.
For more on space activities in Australia and New Zealand see Maria A. Pozza, Joel A. Dennerley, Risk Management in Outer Space Activities: An Australian and New Zealand Perspective (Springer, 2022).
For an analysis see also Thomas Jones, Tom Macken, Australia, in Joanane Wheeler (ed.) The Space Law Review, (Law Business Research Ltd., 2019), pp. 21–36.
Australian Government, Space (5 November 2023) (available at
Urszula McCormack, Kate Creighton-Selvay, ‘Developing Australia’s Space Industry: How Can the Government Help You?’ KingandWood Mallesons (7 December 2020) (available at
Space Activities Act 1998 (No. 123, 1998) (as amended, taking into account amendments up to Act No. 8 of 2010).
Space Launches and Returns Act 2018 (No. 74, 2023) (as amended and in force on 18 October 2023).
Space (Launches and Returns) (General) Rules 2019 made under section 110 of the Space (Launches and Returns) Act 2018.
For a more detailed analysis of this Act, see Dylan McGirr, Matthew Bovaird and Thomas Jones, ‘In review: space law, regulation and policy in Australia’ (5 January 2023) (available at
See Articles 11 and 12.
See Articles 13 and 14.
Article 15.
1998 Act, Article 18, point b.
See Space Activities Act of 1998. See also Space (Launches and Returns) (General) Rules 2019, Article 55 and Space (Launches and Returns) (High Power Rocket) Rules 2019, Article 28. See further Maximum Probable Loss Methodology, Section 6.4.
See Statement of Australia to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
See Statement of Australia to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
See Statement of Australia to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
For more on Australian endeavours in that field, see Stacey Henderson, ‘To the Moon and Beyond: Australia’s Space Activities and Obligations Under International Law’, Australian Institute of International Affairs: Australian Outlook, (3 April 2023) (available at
Rami Mandow, ‘nasa and Australia Continue Strategic Partnership with Artemis’ (21 March 2023) (available at
Matt Garrick, ‘Equatorial Launch Australia hit with lawsuit, including allegations of bullying against director Michael Jones’ (13 October 2022) (available at
Luke Dale, Nikki Macor Heath, ‘Space Law Update: One Person’s Space Junk is Another’s Treasure – Who is Legally Responsible for Damage Caused by Space Debris?’ hwl Ebsworth Lawyers (6 February 2023) (available at
Deloitte, ‘New Zealand Space Sector: Its value, scope and structure’ (November 2019) (available at
Outer Space and High-altitude Activities Act 2017.
Outer Space and High-altitude Activities (Licenses and Permits) Regulations 2017.
Articles 7–56.
Articles 15–22.
Articles 23–30.
For the main differences between the EU and esa regulatory frameworks see Jane Lesley Smith, ‘EU Competition Law and Issues of National Authorization of Private Space Activities,’ in von der Dunk (2011a), p. 358.
See also Jenni Tapio, Alexander Soucek, The European Space Agency’s Contribution to National Space Law (Springer, 2022).
esa Convention and Council Rules of Procedure (sp-1337/en, November 2019 – consolidated esa-c-m/cxxii?Res. 1 8Final) Chapter 4, adopted on 20 October 1995; esa/c-m/cliv/Res. 2 (Fina), Chapter 3, adopted on 15 November 2001; esa/c/clxxix/Res, 6 (Final), adopted on 22 June 2005; esa/c(2009)73, adopted on 10 June 2009.
esa Convention, Article 15.
See Carns (2023), p. 222; Smith (2011), pp. 346–352.
Carns (2023), p. 222.
esa, ‘esa Facts’ (2023) (available at
esa, ‘Member States and Cooperating States’ (2 November 2023) (available at
esa, ‘Member States and Cooperating States’ (2 November 2023) (available at
European Space Agency and Programs Handbook: Strategic Information and Contacts (book); For an overview of all esa Basic Documents see: esa, ‘Highlights of esa rules and regulations’ (2 November 2023), available at
See Carns (2023), pp. 211–249; Smith (2011), pp. 346–352.
esa, European Space Agency Procurement Regulation (esa/reg/001, Rev.5) (2019); esa, esa Convention and Council Rules of Procedure (sp-1337) (2019), Art. vii, Annex v.
See, e.g., esa, esa Convention and Council Rules of Procedure (sp-1337) (2019), Annex 5, Article iv. See also overall references in esa, European Space Agency Procurement Regulation (esa/reg/001, Rev.5) (2019). For a further analysis see: Smith (2011), pp. 346–352.
See, e.g., esa, esa Convention and Council Rules of Procedure (sp-1337) (2019), Article xv, Annex i. For a further analysis see: Smith (2011), p. 351.
See, e.g., esa, esa Procurement Regulations (esa/reg/001), Part vi; esa, Clause 35; General Clauses and Conditions for esa Contracts (esa/reg/002, rev.3) (2019); For a further analysis see Smith (2011), p. 351.
Carns (2023), pp. 223–22; see also Howard Baker, ‘The esa and uss reports on Space Debris’ (1990) 6 Space Policy, p. 332.
esa Contract 14471/00/d/hk: Update of the esa Space Debris Mitigation Handbook, Ref: qinetiq/ki/space/cr021539.
esa Res. e/sa/c/(2000)93 (resolution for a European Policy on the Protection of the Space Environment from Debris).
asi, bnsc, cnes, dlr, esa, European Code of Conduct for Space Debris Mitigation (2004).
See Carns (2023), pp. 226–227.
See paragraph 1.2 ‘The present Code is applicable to all outer space activities conducted by a Subscribing State or jointly with other State(s) or by non-governmental entities under the jurisdiction of a Subscribing State, including those activities within the framework of international intergovernmental organizations.’
Under the number iso 24113:2010 (first updated to iso 24113:2011, then iso 24113:2019, and most recently iso 24113:2023).
esa Space Debris Mitigation Policy for Agency Projects, eur space agency, esa/admin/ipol (2014)2 (28 March 2014); Space Sustainability Adoption Notice of iso 24113: Space Systems Space Debris Mitigation Requirements, Eur. Cooperation for Space Standardization, ecss-u-as-10c (10 February 2012). See also Carns 2023, at 232–247.
esa Space Debris Mitigation Policy for Agency Projects, European Space Agency, esa/admin/ipol (2014)2 (28 March 2014).
esa Space Debris Mitigation Policy for Agency Projects, European Space Agency, esa/admin/ipol (2014)2 (28 March 2014), replacing esa instruction from 2008. See also Statement of esa to uncopuos in: uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of esa to uncopuos in: uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021). See also esa, esa Space Debris Mitigation Requirements, Reference: essb-st-u-007 Issue 1 (30 October 2023).
See, e.g., esa, ‘esa Green Agenda’ (2 November 2023) (available at
For more information on Clean Space see: esa, ‘Clean Space’ (2. November 2023) (available at
esa, Zero Debris Charter (2022). See also esa, ‘The Zero Debris Charter’ (available at:
See generally: esa, ‘esa’s Space Environment Report 2023’ (2 November 2023) (available at
esa, ‘ecodesign’ (2 November 2023) (available at
esa, ‘ariane’ (5 November 2023) (available at
Regulation (EU) 2021/696; Regulation (EU) 2023/588.
Consolidated Version of the Treaty on the Functioning of the European Union, oj c 326, 26 October 2012. See, e.g. Regulation (EU) 2021/696 of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme, supplemented by the Commission implementing decision (EU) 2022/1245 of 15 July 2022. For more see Stephan Hobe ‘Article 189 aeuv’.
Regulation 2023/588 Of The European Parliament And Of The Council of 15 March 2023, establishing the Union Secure Connectivity Programme for the period 2023–2027; euspa, The EU Space Programme (2 November 2023) (available at
Initially the European Global Navigation Satellite Systems Supervisory Authority (gsa) established through Regulation (EU) No 1321/2004, reorganized into the European Global Navigation Satellite Systems Agency (also gsa) by means of Regulation (EU) No. 912/2010, and finally into euspa by Regulation (EU) 2021/696.
Regulation (EU) 2021/696, Articles 28–31.
European Commission, ‘Targeted consultation on EU space law’ (2. November 2023) (available at
See Smith (2011), pp. 323–358.
For an analysis of the differences between esa and EU space competences and legal procedures see Smith (2011), pp. 323–358.
Von der Dunk (2015a), p. 206, highlights that within the European framework esa acts as the ‘operational’ integration, while the European Union designated the ‘legislative’ integration of European space capabilities and actors. This approach furthermore seems included in the EU Regulation regulation (EU) 2021/696 of the european parliament and of the council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme, which in Article 28 has tasked the EU Commission with overall responsibility for the implementation of the EU Programme, in Article 29 the EU Agency for the Space Programme with security accreditation, communication, market development and promotion, and in Article 30 esa with space system evolution (design and development of the space components). For more see Stephan Hobe, ‘Artikel 189 aeuv’ (2015) in: H von der Groeben, J Schwarze, A Hatje (eds.) (7th ed) Europäisches Unionsrecht, Vertrag über die Europäische Union – Vetrag über die Arbeitsweise der Grundrechte der Europäischen Union, Band 4, (Nomos Baden-Baden: Verlag).
gatt 1994: General Agreement on Tariffs and Trade 1994, 15 April 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, 1867 u.n.t.s. 187, 33 i.l.m. 1153 (1994).
Smith (2011), pp. 340–352.
See, e.g., Court of Justice of the European Union, ‘Press Release No. 156/22’ (20 September 2022) (available at
European Court of Justice, Joined Cases C-793/19, SpaceNet and C-794/19 | Telekom Deutschland. See also European Communities, Court of Justice, Judgement of September 20, 2022 (C-793/19 and C-794/19). SpaceNet and Telekom Deutschland, available at
Regulation (EU) 2021/696, Article 4(e).
Regulation (EU) 2023/588, Introduction (26).
Regulation (EU) 2023/588, Articles 8(1), 8(2).
Regulation (EU) 2023/588, Articles 8(3), 8(4), 8(5).
Regulation (EU) 2023/588, Article 20(2)(h).
Regulation (EU) 2023/588, Article 42(3)(g).
euspa, ‘How EU Space Supports Europe’s environmental policies’ (1 June 2023) (available at
Vanessa Schmidt, Anna Brüning-Pfeiffer, ‘Environmental Aspects in Public Procurement in Europe: Conference Report’ (2021) Berlin: German Environmental Agency (availableat
eur-Lex, ‘Environment and climate change’ (available at
See European Commission, ‘The European Green Deal’ (available at
European Parliament, ‘Environment policy: general principles and basic framework’ (available at
eustm, ‘European space traffic management for the 21st century’ (available at
EU sst, ‘EU sst is the key operational capability for the EU approach to Space Traffic Management’ (available at
See, e.g.,: Tracxn, NewSpace Startups in France (available at
cnes, French Space Industry Capabilities Catalogue (available at
French Space Operations Act No. 2008-518 (2008) (Law No. 2008-518 of June 3, 2008 relating to space operations (1)).
Decree No. 2009-643 of June 9, 2009 relating to authorizations issued pursuant to Law No. 2008-518 of June 3, 2008 relating to space operations. To a lesser extent see also Decree No. 2009-1657 of December 24, 2009 relating to the National Defense and Security Council and the General Secretariat for Defense and National Security; Decree No. 62–153 of February 10, 1962 national center for space studies. See also B. Lazare, ‘The French Space Operations Act: Technical Regulations (2013) 92 Acta Astronautica 2, pp. 209–212.
Statement of France to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
French Space Operations Act also referred to as Law No. 2008–518 of 3 June 2008, Article 1(2).
Statement of France to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Article 2.
Statement of France to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021). For more on French legislative framework and cnes see Philippe Clerc, Space Law in the European Context: National Architecture, Legislation and Policy in France (Eleven International Publishing, 2018).
Article 3.
Article 4.
Article 5. See also Statement of France to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
French Decree on Technical Regulation issued pursuant to Act no. 2008‐518 of 3rd June 2008, 31 March 2011, Article 21.
Article 21.
Article 40, 55.
Statement of France to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Article 10.
Article 11.
Article 11(v).
Regarding the space environment, the law defines damage as any harm to people, property, and in particular public health or the environment directly caused by a space object in the context of a space operation, excluding the consequences of using the signal emitted by this object for users (Article 1(1)). However, the act does not clarify whether the mention of the environment pertains to the Earthly or the space environment.
Articles 13–20.
Article 13.
Article 13–1.
Norton Rose Fulbright, Global Outer Space Guide: Germany (available at
Deutschland.de, Strong start-ups (available at
German Offshore Spaceport Alliance (ohb), First launches in the North Sea planned for 2024 (available at
Raumfahrtaufgabenübertragungsgesetz, 22 August 1998, BGBl. i, 2510.
Telekommunikationsgesetz, 23 June 2021, BGBl. i, 1858, as amended 10 September 2021, BGBl. i, 414.
2590 Bundesgesetzblatt Jahrgang 2007 Teil i Nr. 58, ausgegeben zu Bonn am 28. November 2007 – Gesetzzum Schutz vor Gefährdung der Sicherheit der Bundesrepublik Deutschland durch das Verbreiten von hochwertigen Erdfernerkundungsdaten (Satellitendatensicherheitsgesetz – SatDSiG).
Statement of Germany to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of Germany to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of Germany to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
See, e.g., Federal Ministry for Transport, Innovation and Technology, Austrian Space Applications Programme; ffg, ‘Austria in Space’ (available at
Austria in Space, ‘Austrian Space Industry and Research’ (available at
Federal Law on the Authorization of Space Activities and the Establishment of a National Registry (Outer Space Act), BGBl. i No. 132/2011 of 27 December 2011.
Regulation of the Federal Minister for Transport, Innovation and Technology in Implementation of the Federal Law on the Authorization of Space Activities and the Establishment of a National Space Registry (Outer Space Regulation; Bundesgesetzblatt ii Nr. 36/2015 of 26 February 2015) issued on the basis of § 12 of Outer Space Act (Bundesgesetzblatt. i No. 132/2011).
Outer Space Act, Articles 2 and 3.
Article 4.
Article 7.
However, if the space activity is in the public interest, meaning, that it serves science, research or education, ‘the Minister for Transport, Innovation and Technology may determine a lower sum or release the operator from the insurance requirement by administrative decision, taking into account the risks connected to the activity and the operator’s financial capacity’.
Article 11.
In its Statement to the uncopuos, Austria specifically stated that in the Explanatory Report to the Austrian Outer Space Act that the iadc sdmg, uncopuos sdmg and esa requirements on Space Debris Mitigation were referred to by the phrase ‘internationally recognised guidelines for the mitigation of space debris’ in Article 5, and are paid particular attention during the authorization process and non-compliance risks the license. While the itu Recommendations are only mentioned when referring to frequency allocation and the European Code of Conduct for Space Debris Mitigation Requirements and iso Standards are not explicitly referenced, they may nonetheless be taken into account during the authorization process ‘in the application of’ Article 5. See Statement of Austria to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Article 5.
Article 2 of the Regulation. See also Statement of Austria to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Article 13.
Government of the Republic of Slovenia, First Slovenian satellites launched into orbit (5. November 2023) (available at
sta, Third Slovenian satellite launched in space (5. November 2023) (available at
Ministry of the Economy, Tourism and Sport, Catalogue of Slovenian Space Industry (2023), (available at
Space Activities Act, Official Gazette of the Republic of Slovenia, 43/22.
Decree on the Implementation of the Space Activities Act, Official Gazette of the Republic of Slovenia 122/22.
Space Activities Act, Article 5.
Deloitte, Space Galaxy (5. November 2023) (available at
Luxembourg Space Agency, ‘Space Campus: The Future Centre of Gravity of the Luxembourg Space Ecosystem’ (3 August 2022) (available at
Law of 27 July 1991 on Electronic Media.
Law of December 15, 2020 relating to space activities.
Article 14.
Law of 20 July 2017 on the exploration and use of space resources.
See Articles 2, 3 and 4.
Article 13.
Article 14.
Article 18.
belspo, ‘The Belgian Space Industry’ (available at
Law of 17 September 2005 on the Activities of Launching, Flight Operation or Guidance of Space Objects (consolidated text as revised by the Law of 1 December 2013 (b.o.j. of 15 January 2014)).
Article 4.
Royal Decree implementing certain provisions of the Law of 17 September 2005 on the activities of launching, flight operations and guidance of space objects form the legal basis for the regulation of space activities.
For details, see Article 8 of the Decree.
See also Statement of Belgium to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021). In this Statement, however, Belgium declares that it is likely that conditions imposed on an operator will refer more to all the mentioned documents, including itu-r s.1003 and iso 24113, with the possibility for the King to impose the same on all operators once implementation and thus revision of the legal framework truly begins.
Article 9 of the Decree.
Article 8.
Article 13.
The Operator is now defined (in the revised text) as the person who exercises the ultimate authority over the activity (that is, the manoeuvring of the space object). In the case of non‐manoeuvrable space objects, the Operator is identified by the Law as the person who orders the launch of the object according to specific parameters’; Statement of Belgium to uncopuos in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Article 18.
Publication of the Ministry of employment and the economy, Finland’s space strategy for years 2013 to 2020, p. 6.
iceye, ‘iceye Signs Contract to Provide Government of Ukraine with Access to Its sar Satellite Constellation’ (18 August 2022) (available at
Act on Space Activities (63/2018).
Criminal Code (39/1889).
See Statement of Finland to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Decree of the Ministry of Economic Affairs and Employment on Space Activities (74/2018) (this obligation is further concretized in the following terms: ‘[t]he operator shall seek to ensure that, within 25 years from the end of the functional operating period of the space object, the space object moves or is moved into the atmosphere or is moved into an orbit where it is considered not to cause any danger or harm to other space objects or other space activities.’).
Tort Liability Act (412/1974).
The Ministry of Economic Affairs may, however, determine that insurance is not obligatory if the collision-factor and the probability of space objects or parts thereof surviving re-entry are very low, thus seemingly insurance seems to be dependent on the danger of causing damage and on the factor of space debris mitigation (see Section 5 Paragraph 2).
Section 12.
Section 14.
Jenni Tapio, ‘The Finnish Space Act: En Route to Promoting Sustainable Private Activities in Outer Space’ (2018) 43 Air and Space Law 4/5, pp. 387–409.
GlobalSecurity.org, ‘Denmark in Space’ (available at
See, e.g., Copenhagen Suborbitals, ‘About us’ (available at
Outer Space Act (Act no. 409 of 11 May 2016).
Executive Order No. 552 (31 May 2016) also known as the Executive Order on requirements in connection with approval of activities in outer space, etc.
Statement of Denmark to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Italy has enacted Law Decree No. 128, 4 June 2003, Reorganization of the Italian Space Agency (a.s.i.) and Law No. 7, 11 January 2018 on Measures for the coordination of space and aerospace policy and provisions concerning the organization and operation of the Italian Space Agency (18G00025) (Official Gazette, General Series, No. 34, 10 February 2018).
Law of the 12 July 2005, n. 153 Accession of the Italian Republic to the Convention on the registration of objects launched into outer space, made in New York on 14 January 1975 and its execution. (gu General Series n.177 of 01-08-2005).
See Statement of Italy in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of the Netherlands in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Government of the Netherlands, ‘Space research generates new technologies’ (available at
Government of the Netherlands, ‘Space Research Generates New Technologies’ (available at
Rules Concerning Space Activities and the Establishment of a Registry of Space Objects (Space Activities Act), in force since 1 January 2008.
Sections 6 and 7.
Sections 13–23.
Decree of 19 January 2015 expanding the scope of the Space Activities Act to include the control of unguided satellites (Unguided Satellites Decree). See also Tanja Masson-Zwaan, ‘Registration of Small Satellites and the Case of the Netherlands’, in Small Satellites – Regulatory Challenges and Chances (Brill, 2016), pp. 187–193.
esa, 50 years of space activity for Norway (available at
See Andrew Jones, ‘Norway opens Andøya spaceport’ Spacenews (available at
esa, 50 years of space activity for Norway, available at
esa, 50 years of space activity for Norway, available at
Act on launching objects from Norwegian territory etc. into outer space, 13 June. No. 38. 1969.
Frans von der Dunk & Atle Nikolaisen, ‘Vikings First in National Space Law: Other Europeans to Follow the Continuing Story of National Implementation of International Responsibility and Liability’ (2001) Proceedings of the Forty-Fourth Colloquium on the Law of Outer Space 111–122, p. 114.
Portugal Space, ‘Space Catalogue: Industry’ (available at
Decree-Law no. 16/2019, of 22 January, Legal regime of access to and exercise of space activities.
Regulation no. 697/2019, of 5 September, regulation on access to and exercise of space activities.
Article 6.
Article 7.
Article 24.
Article 25.
Article 15 of the Regulation.
Article 14 of the Regulation.
esa (Nina Wormbs and Gustav Källstrand), A Short History of Swedish Space Activities (December 2007) (available at
Thomas Erdbrink, Christina Anderson, ‘In Sweden’s Far North, a Space Complex Takes Shape’, New York Times (23 May 2021) (available at
See Isar Aerospace, ‘Isar Aerospace participates in inauguration of new Spaceport Esrange in Sweden’ (13 January 2023) (available at
Act on Space Activities (1982:963).
Decree on Space Activities (1982:1069).
Skyrora, ‘Trends in the UK Space Industry’ (available at
Launch UK, ‘A guide to UK spaceports’ (available at
See, e.g. Orbex, ‘Launch Services’ (available at
Airbus, ‘Constellations’ (available at
Ria Urban, ‘The 20 Most Important UK Space Companies’ Space Impulse (24 April 2023) (available at
Andrew Jones, ‘UK Space Agency signs deal with Axiom Space for human spaceflight mission’ (27 October 2023) (available at
See, e.g., the services offered by the following law firms: Burges Salmon, Alden Legal, Clyde and Co, London Institute of Space Policy and Law, Bird and Bird, Linklaters, Norton Rose Fullbright, Brodies, Hogan Lovells, Dentons, Harper MacLeod, Taylor Wessing, KandL Gates, Mayer Brown.
UK Outer Space Act of 1968 (c. 38).
Outer Space Act of 1968, Article 1.
Article 2.
Outer Space Act of 1968, Article 4.
Article 5.
Statement of United Kingdom to uncopuos in: uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
UK Space Industry Act of 2018 (c. 5).
See, for example, examples of space tourism described in Chapter 4, Section 1.
Law 4508/2017 (22 December 2017), on ‘Authorization of space activities, Registration in the National Register of Space Objects- Establishment of a Greek Space Organization and other provisions’ (amended by Law 4712/2020/146/A’/29-07-2020) (29. July 2020).
Statement of Greece in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of Greece in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
See, e.g., Michael O’Shea, ‘The Wild, Wild West of Space Law’ The Walrus (4 April 2023) (available at
The following is not a detailed analysis of the American space regulation, but provides an overview of the licensing regimes that affect the majority commercial actors in the United States and whether these contain provisions on environmental protection. For more information on space debris mitigation practices of the United States see Carns (2023); For a further analysis of US national space law and licensing systems see Milton Smith, ‘United States’ in Joanne Wheeler (ed.), The Space Law Review (Law Business Research Ltd., 2019), pp. 100–115; Statement of the USA to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
usc Title 51, 50905; usc Title 51, 50907.
usc Title 51, Section 4(3)(a) decrees: 3. Preserving the Space Environment to Enhance the Long-term Sustainability of Space Activities.
usc Title 51, Section 4(3)(a) decrees: 3. Preserving the Space Environment to Enhance the Long-term Sustainability of Space Activities.
Statement of the USA to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
U.S. Commercial Space Launch Competitiveness Act 2015 (Public Law No. 114–90).
U.S. Commercial Space Launch Competitiveness Act 2015 (Public Law No. 114–90), Section 108.
usc Title 51, Section 5(1).
usc Title 51, Section 5(1).
usc Title 51, Section 5(2), 5(3).
U.S. Commercial Space Launch Competitiveness Act 2015 (Public Law No. 114–90).
U.S. Commercial Space Launch Competitiveness Act 2015 (Public Law No. 114–90), Chapter 513; 51 usc 51301. See also U.S. Commercial Space Launch Competitiveness Act 2015 (Public Law No. 114–90), Section 51303 (Asteroid resource and space resource rights) (‘A United States citizen engaged in commercial recovery of an asteroid resource or a space resource under this chapter shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell the asteroid resource or space resource obtained in accordance with applicable law, including the international obligations of the United States.’).
See, e.g., Hobe (2019); Fabio Tronchetti, The Exploitation of Natural Resources of the Moon and Other Celestial Bodies (Koninklijke Brill, 2009).
Mordor Intelligence, ‘Space Mining Market Size and Share Analysis – Growth Trends and Forecasts (2023 – 2028)’ (available at
Magdalena Petrova, ‘The first crop of space mining companies didn’t work out, but a new generation is trying again’ (9 October 2022) (available at
unoosa, ‘Working Group on Legal Aspects of Space Resource Activities’ (available at
Other agencies and departments could be relevant. For example, any nsa working with nasa is obliged to follow regulations binding nasa (including National Aeronautics and Space Act, Title 51 usc Section 10101, nasa Procedural Requirements for Limiting Orbital Debris (npr 8715.6A (2007) revised 2009), nasa Process for Limiting Orbital Debris (ns 8719.14A (2007) revised 2011)). nsas working for the Department of Defense are required to apply Title 10 usc, DoD Directive 3100.10 (Space Policy of 2012), DoD Instruction 3100.12 (Space Support of 2000). Any nsa working for the National Oceanic and Atmospheric Administration Authority is bound by usc Title 51 Section 60122, cfr Title 15 Part 960, and for noaa Satellites per national Environmental Satellite, Data, and Information Service Policy nqp-0304 as well as nasa policy and best practices. See, e.g., Statement of the USA to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021). However, this does not cover every single piece of legislation potentially relevant to commercial nsa space activity in the USA. See also Frans von der Dunk, ‘From Space Tourists to Unruly Passengers? The US Struggle with ‘On-Orbit’ Jurisdiction’, in Proceedings of the International Institute of Space Law 2014 (Institute of International Space Law, 2015b), pp. 391–405; Frans von der Dunk, ‘Effective Exercise of “In-Space Jurisdiction”: The US Approach and the Problems it is Facing’ 40 Journal of Space Law (2015–2016), pp. 147–185.
noaa, ‘Regulatory Affairs’, (available at
faa, Environmental Review (21 December 2020), available at
epa, ‘What is the National Environmental Policy Act?’ (available at
Section 106 [42 usc, Section 4336]. See also nepa Implementing policy in cfr 40 Part 1500.
Section 202, h.r.5431 – 118th Congress (2023–2024).
Section 202, 203, h.r.5431 – 118th Congress (2023–2024).
Section 301 h.r.5431 – 118th Congress (2023–2024) (concerning the need to transition to civil space situational awareness capabilities).
See Carns (2023); Statement of the United States to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of the United States to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Orbital Sustainability Act of 2023 – S.447 – 118th Congress (2023–2024) (The Bill was passed by US Senate on 1. November 2023), see Jeff Foust, ‘Senate passes orbital debris bill’ (1 November 2023) (available at
The White House, ‘National Space Council’ (available at
U.S. Government, Orbital Debris Mitigation Standard Practices (November 2019 Update).
The Commercial Space Launch Act, as amended and codified by 51 u.s.c. Sections 50901–50923. faa, SpaceX Starship Super Heavy Project at the Boca Chica Launch Site (17 November 2023), available at
faa, Environmental Review (21 December 2020), available at
cfr Title 14, Section 450.217.
For more information see Federal Communications Commission, ‘About the fcc’ (available at:
fcc, ‘Satellite Licensing Division’ (available at:
See, e.g., cfr 47, Chapter 1 Subchapter B Part 25, Sections 109, 110; cfr 47, Chapter 1 Subchapter B Part 97.
See, e.g., cfr 47, Chapter 1 Subchapter B Part 25, Section 111; See also fcc, ‘Part 25 Space Station License and Market Access Checklist’ (available at:
See, e.g., Federal Register, Vol. 85, No. 98 (Wednesday May 20th 2020) Rules and Regulations: 15 cfr Part 960.
See cfr 15 Part 960.
cfr 15 Sections 960.8, 960.9, 960.10.
See, e.g., cfr 15 Sections 960.9, 960.10.
See, e.g., cfr 15 Sections 960.9, 960.10.
See, e.g., cfr 15 Sections 960.9(1)(ii).
fcc, fcc Grants SpaceX’s Satellite Broadband Modification Application, Document fcc-21–48 (36 fcc Rcd 7995 (11)) (27 April 2021); Michael Sheetz, ‘fcc approves SpaceX change to its Starlink network, a win despite objections from Amazon and others’ (available at
fcc, ‘fcc Reaches $900,000 Settlement for Unauthorized Satellite Launch’ (20 December 2018) (available at
Tim Fernholz, ‘An unauthorized satellite launch in India threatens US regulatory reform in space’ (13 March 2018) Quartz (available at
Marina Koren, ‘Launching Rogue Satellites Into Space Was a ‘Mistake’’ The Atlantic (7 September 2018) (available at
Victor Tangermann, ‘fcc Fines Startup for Launching Satellites Without Permission’ Futurism (21. December 2018) (available at
fcc, ‘Statement of Commissioner Michael O’Really’, fcc 18–184.
fcc, ‘fcc Takes First Space Debris Enforcement Action’, doc-397412a1 (2 October 2023) (available at
fcc, ‘fcc Takes First Space Debris Enforcement Action’, doc-397412A1 (2 October 2023) (available at
See fcc, ‘fcc Takes First Space Debris Enforcement Action’, doc-397412A1 (2 October 2023) (available at
faa, ‘faa Proposes $175,000 Fine Against SpaceX for Not Submitting Required Pre-Launch Data’ (17 February 2023) (available at
faa, ‘faa Closes SpaceX Starship Mishap Investigation’ (8 September 2023) (available at
Lora Kolodny, ‘faa orders Musk’s SpaceX to take 63 corrective actions on Starship, keeps rocket grounded’ (8 September 2023) (available at
Daryl G. Kimball, ‘U.S. Commits to asat Ban’ Arms Control Association (May 2022) (available at
This should be distinguished from the actual use of asat weapons.
The White House, ‘fact sheet: Vice President Harris Advances National Security Norms in Space’ (18 April 2022) (available at
See, for example: UK Government, ‘Press Release from 3. October 2022’ (3 October 2022) (available at
K. Cowig, ‘United Nations General Assembly Adopts Draft Resolutions Regarding Space Weapons’ (9. 12. 2022) SpaceRef. (available at
In the present Chapter only a brief overview of some chosen cases will be provided. For more information on the cases see: Stephen Gorove and Michael A. Gorove, Cases on Space Law (The Space Law Journal, 1996); esa, ‘Space Law Cases’ (available at
Berg v. Reaction Motors Division, 37 nj 396, 181 A.2d 487 (n.j. 1962); Smith v. Lockheed Propulsion Co. 246 Cal. App. 2d 774, 56 Cal. Rptr. 128 (Cal.App. 4th Dist. 1967).
Pigott v. Boeing Co. 240 So. 2d 63 (Miss. 1970).
See Pigott v. Boeing Co. 240 So. 2d 63 (Miss. 1970).
Martin Marietta v. Intelsat 763 F. Supp. 1327 (D.Md. 1991); Martin Marietta v. intelsat 991 F.2d 94 (4th Cir. 1992).
Martin Marietta v. Intelsat 763 F. Supp. 1327 (D.Md. 1991); Martin Marietta v. intelsat 991 F.2d 94 (4th Cir. 1992) (Appeal).
Brian Berger, ‘SpaceX Sues Boeing and Lockheed Martin’ Space.com (Oct 21 2005) (available at
Irene Klotz, ‘Lawsuit seeks to stop Boeing, SpaceX work on nasa space taxi’ Reuters (16 October 2014) (available at
Blue Origin v. United States and Space Exploration Technologies Corp (Federal Court of Public Opinion November 4, 2021). See also Michael Sheetz, ‘Bezos’ Blue Origin loses nasa lawsuit over SpaceX $2.9 billion lunar lander contract’ cnbc (4 November 2021) (available at
Jeff Foust, ‘Lawsuit claims Amazon’s board erred in awarding Kuiper launch contracts to Blue Origin and others’ Space News (31 August 2023) (available at
Martina Barash, ‘Astra Space Fends Off Investor Lawsuit Over Rocket Launch Claims’ Bloomberg Law News (3 August 2023) (available at
Florida Coalition for Peace and Justice v. George Herbert Walker Bush, Civil Action No. 89-2682-og, d.d.c. 10 October 1989; Florida Coalition for Peace and Justice v. George Herbert Walker Bush, Civil Action No. 89-2682-og, d.d:c. 5 October 1990.
Government of Canada, ‘Canadian space industry’ (available at
SatNews, ‘Nine Canadian Space Companies Create The Space Canada Association’ (20 March 2022) (available at
Government of Canada, ‘Government of Canada supports commercial space launches in Canada’ (20 January 2023) (available at
Urban Ria, ‘Top 4 Canadian Space Companies and their Contribution’ Space Impulse (4 July 2023) (available at
Remote Sensing Space Systems Act (s.c. 2005, c. 45) (amended 5 April 2007).
Article 5.
Article 3.
Articles 23 and 38.
Canadian Space Agency Act (s.c. 1990, c. 13) (10 May 1990).
Statement of Canada to uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Government of Canada, ‘Canada’s Views on Reducing Space Threats through norms, rules and principles of Responsible Behaviour’ (2021) (available at
Government of Canada, ‘Canada’s Views on Reducing Space Threats through norms, rules and principles of Responsible Behaviour’ (2021) (available at
Client Procedures Circular (cpc) 2‐6‐02 – Procedure for the Submission of Applications for Spectrum Licenses for Space Stations issued by the Innovation, Science and Economic Development Department of Canada.
See Chapter 1, Section 2 on the definition of the geo.
itu, Recommendation itu–r s.1003‐2, Environmental Protection of the Geostationary Satellite Orbit (December 2010).
See Statement of Canada to the uncopuos in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Gerhard (2009), pp. 109–116.
Act No. Pr-906 (19 April 2013) on ‘Main Provisions of the Fundamentals of the Russian Federation State Policy in the Field of Space Activities for the Period up to 2030 and beyond’.
For more information on Russian space activities see Marco Aliberti and Ksenia Lisitsyna, Russia’s Posture in Space (Springer, 2019), p. 18.
Law of the Russian Federation No. 5663-i (20 August 1993) ‘On Space Activities’.
Preamble as amended by Federal Law No. 147-fz of November 29, 1996.
Article 2(2), as amended by federal laws dated November 29, 1996 No. 147-fz, dated July 13, 2015 No. 216-fz.
Article as amended by Federal Law dated November 29, 1996 No. 147-fz.
See, e.g., Article 3, as amended by Federal Law dated November 29, 1996 No. 147-fz.
Article 17(1).
Article 17(4).
Article 17(4).
Article 17(5).
Article 29.
Article 30(1).
Article 30(2).
Articles 6, 9.
Russian Federation Federal Law N 215-fz (13 July 2015) ‘On the State Corporation for Space Activities roscosmos’; Federal Law of the Russian Federation N 216-fz (8 July 2015), ‘On Amendments to Certain Legislative Acts of the Russian Federation Following the Adoption of the Federal Law on the State Space Corporation ‘Roscosmos’ of 13 July 2015’ as amended by Federal Law N 578-fz (29 December 2022).
Russian Federation Federal Law N 215-fz (13 July 2015) ‘On the State Corporation for Space Activities roscosmos’, Article 6, Paragraph 17, Article 7 Paragraph 11, Article 11, Article 14 (As amended by the Federal Law of 11. 06. 2021 No. 170-fz).
Article 7 Paragraph 11 (As amended by the Federal Law of 11. 06. 2021 No. 170-fz).
Articles 11, 14.
Article 11.
Article 11.
Article 14 Paragraph 13.
Article 14.
Article 7.
Article 11.
Article 8 paragraph 5.
Article 7 Paragraphs 10, 20, 50.
Act No. Pr-906 (19 April 2013) on ‘Main Provisions of the Fundamentals of the Russian Federation State Policy in the Field of Space Activities for the Period up to 2030 and beyond’, Section i.
Section ii (7) (d).
Sections ii and vii.
Section vii.
Section vii.
Section ix.
Section viii (19) (d).
This Chapter creates an overview of documents pertaining to licensing and environmental provisions. For a further study of Russian Federation’s measures on combating orbital debris see Carns (2023), pp. 188–210.
As amended by Federal Law No. 309-fz dated December 30, 2008.
Article 22(1) (As amended by Federal Law No. 309-fz dated December 30, 2008).
Article 22(2) (As amended by Federal Law No. 309-fz dated December 30, 2008, No. 216-fz dated July 13, 2015; Article as amended by Federal Law No. 147-fz dated November 29, 1996).
Federal Law of the Russian Federation N 215-fz (13 July 2015) ‘On the State Corporation for Space Activities roscosmos’.
Federal Law of the Russian Federation N 215-fz (13 July 2015) ‘On the State Corporation for Space Activities roscosmos’, Article 14, Paragraph 16.
Article 11, Paragraph 1.
Federal Law of the Russian Federation N 162-fz (29 June 2015) ‘On Standardisation in the Russian Federation’.
Statement of the Russian Federation to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Act N Pr-906 (19 April 2013) on ‘Fundamentals of the Russian Federation’s State Policy in the Field of Space Activities for the Period up to 2030 and beyond’, Section vii(18)(e).
Act N Pr-906 (19 April 2013) on ‘Fundamentals of the Russian Federation’s State Policy in the Field of Space Activities for the Period up to 2030 and beyond’, Section vii(19). See also Statement of the Russian Federation to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Outer Space Treaty R 52925-2018 (1 January 2019) on ‘Space Technology Items. General Requirements for Space Vehicles for Near-Earth Space Debris Mitigation’ (developed by the Federal State Unitary Enterprise Central Research Institute for Machine Building, approved by Order of the Federal Agency for Technical Regulation and Metrology on September 21, 2018 N 632-st).
Statement of the Russian Federation to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of the Russian Federation to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Guillaume Tiberghien, Raushan Mukhamedjanova, and Philip Feifan Xiw, ‘Authenticity and spectrality of space heritage: Baikonur Cosmodrome, Kazakhstan’ (14 July 2023) 25 An International Journal of Tourism Space, Place and Environment 5 (Taylor and Francis Online) (available at
Mark Holmes, ‘Activities in Kazakhstan’ Via Satellite (24 September 2021) (available at
Law of the Republic of Kazakhstan on Space Activities, No. 528-iv (6 January 2012).
United Nations Treaty Series, ‘Treaty on principles governing the activities of States in the exploration and use of outer space, including the moon and other celestial bodies’, (
Law of the Republic of Kazakhstan on Space Activities, No. 528-iv (6 January 2012), Article 3.
Ziemblicki and Oralova (2021), p. 6 citing Agreement between the government of the Republic of Kazakhstan and the government of the Russian Federation on the procedure for interaction in the event of accident during space launches from the Baikonur Сosmodrome, signed at Astana 18 November 1999.
espi, ‘espi Perspectives 51: Space Activities Ukraine Looking for New Developments’ (August 2011).
espi, ‘espi Perspectives 51: Space Activities Ukraine Looking for New Developments’ (August 2011).
Kinstellar, ‘Ukraine allows private sector involvement in space activities’ (November 2019) (available at
Kinstellar (2019); Ilya Timtchenko, ‘Firefly looks to bolster aerospace ties with US, investing in Ukraine for the long-haul’ (20 August 2018) (available at
UkraineInvest, ‘Ukrainian Yuzhmash is developing engines for the Vega launch vehicle that injected 53 micro and nanosatellites to orbit’ (available at
espi, ‘Executive Brief No. 57’ (5 May 2022).
Law of Ukraine of 15 November 1996: Ordinance of the Supreme Soviet of Ukraine on Space Activity.
Articles 5 and 10.
Law of Ukraine (15 November 1996): Ordinance of the Supreme Soviet of Ukraine on Space Activity, Preamble.
Preamble.
Article 9.
Article 9.
Statement of Ukraine to the uncopuos (regarding Article 9 of the Law of Ukraine) (15 November 1996) in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Industrial Standard urkt-11.03 on ‘Limitation of the Near-Earth Orbital debris Making at Operation of Space Technical Equipment’ (19 July 2006). See also Statement of Ukraine to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Agreement between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on Technology Safeguards Associated with Cooperation in the Field of the Exploration and Use of Outer Space for Peaceful Purposes and in the Development and Operation of Space Rocket and Rocket Equipment, Signed in Moscow on 11th of June 2009.
Manya Israyelyan, ‘Fostering a SpaceTech Ecosystem in Armenia’ evn Report (3 August 2023) (available at
Basic Law No. ho-152-n on Space-related Activities of the Republic of Armenia (Original Source: rapt 2020.04.01/30(1585) Art. 356), Yerevan: ra National Assembly (Date of Signature by ra President 26.03.2020, Date of entry into force 11.04.2020).
Article 1.
Article 3.
Article 4.
Article 5.
Section I Article 1.
Section ii Article 5.
Article 8.
Article 8.
Article 17.
Part iii Article 15.
Part iii Article 16.
For an analysis see also Francisco Werneck Maranhao, Guillermo Zuma Hoorn, and Antonio Carlos Almeida Braga, ‘Brazil’ in Joanne Wheeler (ed.), The Space Law Review (Business Law Research Ltd, 2020), pp. 41–53.
Andrea Cabello, Lucia Helena Michels Freitas, and Michele Melo, ‘Brazilian Space Sector: Historical Analysis of the Public Budget’ (2022) 62 Space Policy.
See, e.g., Michele Melo and Paulo Vasconcellos, ‘High hopes for Brazil’s space ambitions’ (2020) 25 Room: Space Journal of Asgardia, p.3 (available at
Michele Melo and Paulo Vasconcellos, ‘High hopes for Brazil’s space ambitions’ (2020) 25 Room: Space Journal of Asgardia, p.3 (available at
unoosa, Press Release: New Partnership between UN Office for Outer Space Affairs, UN Development Programme and Brazilian Space Agency, UN Doc. unis/os/575 (15 December 2022) (available at
See, e.g., Andrea Felippe Cabello, Michele Christina de Melo, Guilherme Viana Ferreira, Lucia Helena Michels Freitas, Fernando Moreira Couto de Lima, ‘The Incipient Brazilian Private Space Sector: A Brief Description’ (2022) 11 NewSpace 3; Alejandro J. Afonso, ‘Brazil relaunches its space industry by opening the Alcantara base to the US’ Universidad de Navarra (available at
Article 3.
Law No. 9960 (8 February 2021) on the creation of the Costa Rican Space Agency, Article 3; Law No. 9770 (29 October 2019) on the Creation of the Registry of Spatial Objects.
Article 2.
Article 2.
Article 5.
Decree-Law No. 20643 (11 June 1974) on establishing the Comision Nacional de Investigacion y Desarrollo Aeroespacial – conida; Law No. 28799 ‘Declaring the establishment and operation of a National Centre for Satellite Imagery Operations’ (Ley 28799, Que declara de interés nacional la creación, implementación y desarrollo de un Centro Nacional de Operaciones de Imágenes Satelitales); Supreme Decree No. 008-2016-de establishing the National Register of Objects Launched into Outer Space (Decreto Supremo N° 008-2016/de que crea el Registro Nacional de Objetos Lanzados al Espacio Ultraterrestre).
Delgado López (2024) See also above Chapter 1, Section 3.
Statement of Peru to uncopuos in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Daiki Ishikawa, Hiroko Yotsumoto and Tetsuji Odan, ‘In review: space law, regulation and policy in Japan’ Lexology (5 January 2023) Lexology (available at
National Research and Development Agency Japan Aerospace Exploration Agency Act No. 161 (13 December 2002).
International Trade Administration, ‘Japan Space Industry Commercialization’ (26 August 2021) (available at
Hiroyuki Akiyama, ‘Japan’s space agency to be freed to invest in private businesses’ NikkeiAsia (13 June 2023) (available at
International Trade Administration, ‘Japan Space Industry Commercialization’ (26 August 2021) (available at
Luke Hurst, ‘Japan’s ispace is set to become the first private company to land on the Moon’ Euronews (25 April 2023) (available at
Basic Space Law, Law No. 43 of 2008 (27 August 2008).
See Article 3.
Article 2.
Article 8.
Article 11.
Article 4.
Article 10.
Article 16.
Act No. 76 (16 November 2016), the Act on the launch of artificial satellites, and the management of artificial satellites.
Article 4.
Article 3.
Article 22.
Article 22.
Statement of Japan in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of Japan in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Cabinet Office Ordinance No. 50 of 2017, ‘Regulations for Enforcement of the Act on the Launch of Artificial Satellites and Management of Artificial Satellites’.
Articles 53, 54.
Articles 60–65.
Daiki Ishikawa, Hiroko Yotsumoto and Tetsuji Odan (2023).
Daiki Ishikawa, Hiroko Yotsumoto and Tetsuji Odan (2023).
Daiki Ishikawa, Hiroko Yotsumoto and Tetsuji Odan (2023).
Act on Promotion of Business Activities Related to the Exploration and Development of Space Resources, Law No. 83 of 2021 (Space Resources Act) (23 June 2021) – Supp. Provisions Article 1.
See Artemis Accords, Section 10.
Interagency Operations Advisory Group, ‘South Korea aims to establish a national space agency modeled after nasa by next year’ (12 January 2022) (available at
Interagency Operations Advisory Group, ‘South Korea aims to establish a national space agency modeled after nasa by next year’ (12 January 2022) (available at
See Youngshin Ahn, National Space Law and Policy in the Republic of Korea (Brill Nijhoff, 2024).
Aerospace Industry Development Promotion Act, Law No. 8852 (4 December 1987).
Space Development Promotion Act, Law No. 7538 (31 May 2005).
See, for example, Aerospace Industry Development Promotion Act, Articles 3, 4 and 12; Space Development Promotion Act, Articles 3 and 5.
See, e.g., National Space Committee was established by Article 6 of the Space Development Promotion Act. See Doo Hwan Kim, Space Law and Policy in the Republic of Korea (2012) Report to the United Nations Office for Outer Space Affair (available at
See, e.g. Article 18.
Article 11.
See, for example, Article 13.
Space Liability Act, Law No. 8852 (21 December 2007).
Articles 27, 28 and 29.
Article 27.
Article 28.
Article 1.
The 2000 China Space White Paper; The 2006 China Space White Paper; The 2011 China Space White Paper; The 2016 China Space White Paper; The 2021 China Space White Paper.
Marc Carns, Orbital Debris Prevention and Mitigation Efforts Among Major Space Actors (Martinus Njihoff Publisher, 2023), pp. 157–167.
Environmental Protection Law of the People’s Republic of China (adopted on 26th December 1989). Other legal acts preceded it developing environmental protection in China, for more see Carns (2023), p. 69; Jesse Turiel, Iza Ding, John Chung-En Liu, Environmental Governance in China: State, Society, and Market (Brill, 2020); Lu Ruilan, Handbook of Regulations on Environmental Protection in China (rff Press, 1994, revived 2016 by Routledge).
Carns (2023), p. 169 See also Information Office of the State Council of the People’s Republic of China, Environmental Protection in China, Permanent Mission of the People’s Republic of China to the United Nations Office at Geneva and Other International Organizations in Switzerland (June 1996).
For more on the iadc see: iadc, ‘Welcome to the Inter-Agency Space Debris Coordination Committee’ (available at
Carns (2023), pp. 177–178.
The 2006 China Space White Paper. See also Carns (2023), p. 178.
See Carns (2023), at 177–183. See also the 2011 China Space White Paper.
Carns (2023), p. 179. See also the 2011 China Space White Paper.
Carns (2023), p. 179. See also the 2016 China Space White Paper.
Carns (2023), p. 179. See also the 2016 China Space White Paper.
Carns (2023), pp. 177–182. See also the 2021 China Space White Paper.
Carns (2023), pp. 181–182. See also the 2000 China Space White Paper; The 2006 China Space White Paper; The 2011 China Space White Paper; The 2016 China Space White Paper; The 2021 China Space White Paper.
Fabio Tronchetti, ‘Space Law and China’ Oxford Research Encyclopedia: Planetary Science (25 February 2019) (available at
Carns (2023), pp. 157–167. For an organizational chart of the Chinese Space Program see: Carns (2023), p. 164.
For an organizational Chart see Carns (2023), pp. 164, 172.
Laws of the People’s Republic of China, Interim Measures on the Administration of Permits for Civil Space Launch Projects (21 November 2002).
Carns (2023), p. 174; Laws of the People’s Republic of China, Interim Measures on the Administration of Permits for Civil Space Launch Projects (Nov. 21 2002), Article 5.
Carns (2023), pp. 174–175; Laws of the People’s Republic of China, Interim Measures on the Administration of Permits for Civil Space Launch Projects (21 November 2002), Article 6(d).
Carns (2023), p. 175.
As indicated China has a complex governmental organisation eloaorately addressed and mapped out by Carns (2023), p. 164. sastind is among the most important agencies overseeing civil space activity, reporting directly to the Ministry of Industry and Information, and is primarily tasked with drafting guidelines, policies, plans, research and regulations connected to the science, technology and industry (including satellite operations) as well as mainatining China’s space object register, see Carns (2023), pp. 165–166.
Tronchetti (2019), p. 7; Carns (2023), pp. 175–176.
Carns (2023), p. 176. See also Tronchetti (2019), p. 7.
Lunar Embassy to China v. Beijing Administration of Industry and Commerce, Haidian District People’s Court, November 2005.
For more see Carns (2023), pp. 157–187; Tronchetti (2019).
Indian Space Policy 2023. For further detail see: Kumar Abhijeet, National Space Legislation for India (Springer, 2020); Nitin Sarin, Vinamra Longani and Dhawal Jain, ‘India’ in Joanne Wheeler (ed.), The Space Law Review (Law Business Research Ltd, 2020), pp. 64–74.
Indian Space Policy 2023, 9. The 2015 Indian Space Act Draft has proposed to extend and clarify this applicability to all space activity carried on from Indian territory or within the jurisdiction of India including the area to the limits of its exclusive economic zone, off-shore platforms, vessels, aircraft including other air-borne vehicles and space objects registered by India as well as to actions of Indian citizens and juridical persons registered or incorporated in India, regardless of their whereabouts (meaning located on Indian territory or abroad), see Government of India, Department of Space, No.E.11020/2/2015-Sec-vi (2015).
Statement of India in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Neni Ruhaeni and Eka An Aqimuddin and Hadian Afriyadi, ‘The Commercialization of Outer Space Under the Outer Space Treaty 1967 and Its Implementation on the Development of Space Industry in Indonesia’ (2022). Proceedings of the 4th Social and Humanities Research Symposium (SoRes 2021).
Indonesia Outer Space Law, Law No. 21 of 2013 on Space Activities.
Articles 1, 5.
Article 1.
Article 7.
Article 8.
Article 11.
see Article 1.
Article 87.
Article 43.
Article 2.
As one of the possibilities discussed in the earlier Chapters, See Chapter 4, Section 2.
Articles 45, 48.
Article 3.
Articles 71, 72.
Article 76–79, 84.
See Articles 51, 52, 57.
See Articles 37, 42, 55, 56, 69.
Article 35.
Article 35.
Article 55.
Article 56.
Article 69.
Article 69.
Article 94.
Article 95–98.
Telecom review, ‘An Elevated Future: The uae Space Sector Is Thriving’ (16 January 2023) (available at
Agence France-Presse, ‘uae successfully launches Hope probe, Arab world’s first mission to Mars’ The Guardian (20 July 2020) (available at
Sally Boyani, ‘The Rashid Rover didn’t make it to the Moon, but it’s a success for science’ Wired.me (3 May 2023) (available at
Federal Law No. (12) (19 December 2019) on the Regulation of the Space Sector.
Article 4.
See Articles 8, 14.
Article 17.
See Article 20.
sacsa, ‘Space in South Africa’ (available at
sacsa, ‘Space in South Africa’ (available at
Space Affairs Act No. 1157 (2 July 1993), No. 84 – Statutes of the Republic of South Africa – Trade and Industry No. 84 of 1993 (6 September 1993).
Space Affairs Amendment Act No. 1530 (6 October 1995), No. 64.
Astronomy Geographic Advantage Act No. 31157 (17 June 2008), No. 21.
See, for example, Articles 29, 33, and 34.
For example, the potential of space technology to benefit and develop the economic and social position of the country is mentioned throughout the policy document and it also refers to agriculture, resource management and weather. Moreover, in the introduction, technology and innovation are described as having a critical role in improving the quality of life and creating wealth for Kenyan citizens. See Kenya Space Policy 2015 (April 2016) for more.
See pp. 6 and 7.
See p. 5.
Kenya Space Policy 2015 (April 2016), pp. 6 and 7.
National Space Research and Development Agency Act, Federal Republic of Nigeria Official Gazette Vol. 97, No.98, (30 August 2010), Government Notice No. 382.
Statement of Nigeria in uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Presidential Decree No. 02-49 ‘Creation, organization and functioning of the Algerian Space Agency (asal)’ (16 January 2002); Presidential Decree No. 06-225 ‘Ratifying the Convention for Damage Caused by Space Objects’ (24 June 2006); Presidential Decree No. 06-468 ‘Ratifying the Convention on Registration of Objects Launched into Outer Space’ (11 December 2006).
Republic Act No. 11363: An Act Establishing the Philippine Space Development and Utilization Policy and Creating the Philippine Space Agency, and for Other Purposes (8 August 2019).
Decree 2442 (18 July 2006) on the Creation of the Colombian Commission of Space (cce).
Executive Decree No. 1246 (19 July 2012) on the Creation of the Ecuadorian Space Institute.
Communications and Multimedia Act 1998; Strategic Trade Act 2010; Malaysian Space Board Bill 2022; National Space Policy 2030. For more, see: mcmc, Satellite Initiatives in Malaysia (available at
Decree no. 84-1125 (24 September 1984) (modified by decree no. 931642 (9 August 1993)) on the creation of the National Commission for outer space; Law 88-83 (11 June 1988) forming a National Mapping and Remote Sensing Centre of Tunisia (cnct).
Turkey for example issued a Presidential Decree on the establishment of a national space agency alongside a strategy document: Presidential Decree on the Establishment of Turkish Space Agency (Türkiye Uzay Ajansı Hakkında Cumhurbaşkanlığı Kararnamesi) (13 December 2018); 2022–2030 National Space Programme Strategy Document (24 May 2022).
Dz. U. 2014 poz. 1533, ustawa z dnia 26 września 2014 r. o Polskiej Agencji Kosmicznej. For more information on Polish space activities and its legislative framework see Anna Konert and Frans von der Dunk (eds.), National Space Law in Poland (Martinus Nijhoff Publishers, 2023).
Decree number 3.389 of December 2004; Decree No. 4.114 of 28 November 2005; Law on the Establishment of the Bolivarian Agency for Space Activities (Official Gazette No. 38.796 of 25 October 2007).
Decree 609 of the President of the Republic of Belarus (22 December 2004).
Supreme Decree No. 338: Establishment of a Presidential Advisory Committee known as the Chilean Space Agency (17 July 2001).
Supreme Decree No. 338: Establishment of a Presidential Advisory Committee known as the Chilean Space Agency (17 July 2001).
Supreme Decree No. 338: Establishment of a Presidential Advisory Committee known as the Chilean Space Agency (17 July 2001).
The act has been unofficially translated by the authors.
Act Number 1533 of 2014 (Dz. U. 2014 poz. 1533, ustawa z dnia 26 września 2014 r. o Polskiej Agencji Kosmicznej). Poland is also in the process of enacting a law on space activities, however, as of July 2024 the Act remains in the drafting phase, for more see for example Anna Konert and Frans von der Dunk (eds.), National Space Law in Poland: Past, Present and Future (Brill, 2023); Mahulena Hofmann and Katarzyna Malinowska, ‘Poland Goes to Space. The Draft Polish Act’ in: P.J. Blount, Tanja Masson-Zwaan, Rafael Moro-Aguilar and Kai-Uwe Schrogl (eds.), Proceedings of the International Institute of Space Law 2022 (Eleven International Publishing, 2024), pp. 419–431.
Act Number 1533 of 2014 (Dz. U. 2014 poz. 1533, ustawa z dnia 26 września 2014 r. o Polskiej Agencji Kosmicznej).
Article 4(3).
Article 8.
Decree No. 84-1125 (24 September 1984) (modified by decree No. 931642 (9 August 1993)) on the creation of the National Commission of the Outer space; Law 88-83 (11 June 1988) forming a National Mapping and Remote Sensing Centre of Tunisia (cnct).
Philippine Space Development and Utilization Policy and Creating the Philippine Space Agency, and for other purposes, Republic Act No. 11363 (2019). For more see Rogel Mari Sese, ‘The Philippine Space Program: A Modern Take on Establishing a National Space Program’ in Q. Verspieren, M. Berthet, G. Coral, S. Nakasuka, H. Shiroyama (eds), asean Space Programs (Springer, 2022), pp. 57–77.
jaxa, Space Research and Development in the Philippines’ (available at
Republic Act No. 7844 (1994); Presidential Decree No. 930 (1976); Executive Order No. 1016 (1985).
Republic Act No. 10697 (2015); Republic Act No. 9516.
Executive Order No. 127 (1998); Republic Act No. 10929 (2020).
Republic Act No. 10692 (2015), An Act Providing for the Modernization of the Philippine Atmospheric, geophysical and Astronomical Services Administration (pagasa), providing Funds therefor for other purposes also known as The pagasa Modernization Act of 2015; Administrative Order No. 76 (2011).
Executive Order No. 467 (1998) providing for a national policy on the operation and use of international satellite communications in the country. Other identified Acts pertaining to telecommunication are: Republic Act No. 7925; Implementing Guidelines on International Satellite Communications of the National Telecommunications Commission; Republic Act No. 7925 (Public Telecommunications Policy Act); Act No. 3846. as amended (Radio Law), Executive Order No. 546 (1979); Executive Order No. 467 (1998); Presidential Decree No. 576-A; Republic Act No. 3846 (1963).
Deyana Goh, ‘The Philippines’ first rocket company aims for green launches’ Space Tech Asia (20 October 2020) (available at
Argentina has enacted numerous laws pertaining to space activity, as summarized in the See uncopuos, Schematic Overview of National Regulatory Frameworks for Space Activities, UN Doc. a/ac.105/c.2/2023/crp.28 (20 March 2023) and the unoosa, Online Index of Objects Launched into Outer Space (20 December 2023).
Royal Decree 278/1995 (24 February 1995), establishing in the Kingdom of Spain the Registry foreseen in the Convention adopted by the United Nations General Assembly on 2nd November 1974.
See Rome (2022).
uncopuos, Schematic Overview of National Regulatory Frameworks for Space Activities, UN Doc. a/ac.105/c.2/2023/crp.28 (20 March 2023).
uncopuos, Schematic Overview of National Regulatory Frameworks for Space Activities, UN Doc. a/ac.105/c.2/2023/crp.28 (20 March 2023).
uncopuos, Schematic Overview of National Regulatory Frameworks for Space Activities, UN Doc. a/ac.105/c.2/2023/crp.28 (20 March 2023).
For more information see Annette Froehlich and Diego Aloso Amande Soria, A Regional Space Agency for Latin America (Springer, 2021).
Space tv, ‘African Space Agency (AfSA)’ (available at
arabsat (available at
The program mentions the importance of earth observation services for defence purposes and such activities as disaster management. This furthermore strengthens the belief that the policy is oriented toward the earthly environment. See Order #696 of the President of the Republic of Azerbaijan (15 November 2018) on ‘The State Program for the development of the satellite Earth observation services in the Republic of Azerbaijan’.
Order #443 of the President of the Republic of Azerbaijan (17 August 2009) on ‘The State Program on Creation and Development of Space Industry in the Republic of Azerbaijan’.
See The Charter of ‘Space Agency of the Republic of Azerbaijan (Azercosmos)’, adopted by decision #54 of the Cabinet of the Ministries of the Republic of Azerbaijan (26 February 2022).
Statement of Azerbaijan to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
Statement of Azerbaijan to the uncopuos in the uncopuos, Compendium of space debris mitigation standards adopted by States and international organizations, UN Doc. a/ac.105/c.2/2021/crp.19 (4 June 2021).
‘Economic Cooperation Agreement’ between the Republic of Azerbaijan and the Russian Federation, Space Data Receipt Complex uniscan-24.
Agreement signed between national satellite operator Azercosmos and France’s Airbus ds in 2014.
For more see Nataliia, R. Malysheva, Space Law and Policy in the Post-Soviet States (Eleven International Publishing, 2018).
Israel is evaluated to have around 20 satellites in orbit, see Rome (2022). For more information on Israel’s space program see Astronautics Now, ‘Early Israel’s Space Program’ (available at
Israel’s Statement to the lsc 2023 under General exchange of views (2023).
Israel’s Statement to the lsc 2023 under General exchange of views (2023).
Pierre Henriquet, ‘New Space: the changing face of the space industry’ Polytechnique Insights (3 November 2022) (available at
See generally Viikari (2008).
See Viikari (2008), p. 179.
See Viikari (2008), p. 179.
For more information and analysis see Martha Mejia-Kaiser, The Geostationary Ring: Practice and Law (2020). Leiden: Martinus Nijhoff, pp. 174–322.
See Annex: ‘Sofia Guidelines for a Model Law on National Space Legislation’ to the International Law Association, Resolution No. 6/2012 on Space Law (26–30 August 2012).
Hobe (2013), pp. 81–95.
Article 4.
Article 5.
Article 6.
Article 9.
Article 11.
Article 12.
Article 14.
uncopuos, Information on the activities of intergovernmental and non-governmental organizations relating to space law, UN Doc. a/ac.105/c.2/2013/crp.6 (26. March 2013).
Permanent Court of Arbitration, Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (6 December 2011). Annex: ‘Sofia Guidelines for a Model Law on National Space Legislation’ to the International Law Association, Resolution No. 6/2012 on Space Law (26–30 August 2012), Article 13.
Article 7.
Article 8.
uncopuos, Information on the activities of international intergovernmental and non-governmental organizations relating to space law, UN Doc. a/ac.105/c.2/2013/crp.6 (26. March 2013).
See, e.g., Permanent Court of Arbitration, Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (6 December 2011).
Larsen (2018), p. 492.
See Chapter 4, Section 2.2 for the Tadić conditions for establishment as a criminal provision under international law.
However, Hobe notes that only 20 States have what he terms ‘comprehensive’ space regulation under their domestic systems.
See, for example, Carns (2023), pp. 339–341.
Melissa de Zwart, Stacey Henderson, Michelle Neumann, ‘Space resource activities and the evolution of international space law’ (2023) 211 Acta Astronautica, pp. 155–162, p. 156; Fengna Xu, ‘The approach to sustainable space mining: issues, challenges, and solutions’ (2020) 738 iop Conf. Series: Materials Science and Engineering, p. 5.