SpaceX’s Starlink project is transforming Low Earth Orbit (LEO) with an unprecedented “mega-constellation” of satellites. Originally planned for 12,000 satellites, Starlink has since expanded its ambition to 42,000 satellites – five times the number of all objects humans had ever launched into space prior to this project. This massive private deployment promises global internet coverage, but it also poses significant challenges to the international legal order governing outer space. Traditional space law frameworks, built in an era of state actors and a handful of satellites, are straining to address a scenario where a corporation effectively dominates a sizable portion of orbital traffic. The result is a growing debate on “corporate sovereignty” in space – the de facto control of orbital resources by private enterprises – and what it means for international law and global governance.
Space Law
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EU Space Law – Three reasons against, three reasons in favour
The EU Space Law is a legislative initiative of the European Commission with the purpose to establish a common EU approach to resilience, safety, and sustainability in space (see more in this EJIL:Talk! post). It was announced, rather unexpectedly, in September 2023 by European Commission President Ursula von der Leyen. According to the…
As the First Country to Land on the Moon’s South Pole, Should India also be the First Space Power to Ratify the Moon Agreement?
Introduction 23 August 2023 will be etched in gold in not only India’s but humankind’s progress in outer space exploration. India has become the first country to successfully land a spacecraft on the moon's south pole and only the fourth country ever to land on the moon. The other three countries are the U.S.,…
A future ‘EU Space Law’: A few Constitutional Considerations
A new and potentially extensive ‘EU Space Law’ is – according to the new EU Space Strategy on Defence and Security (the ‘Space Strategy’) released in March 2023 – currently under consideration by the European Commission and High Representative of the Common Foreign and Security Policy (‘High Representative’). The communication amounts to a…
The EU’s (limited) push toward the strengthening of International Space Law
International Space Law has long suffered from a deficit in global regulatory action. Like many other areas of international law, international space law is behind with what is needed to solve current problems, including: low-earth orbit pollution (or even potential un-useability if orbital debris reaches a severity flashpoint), light pollution (from satellites), the…
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