The Regulatory Horizons Council (“RHC”) has published an independent report titled “The Future Regulation of Space Technologies: Plugging the gaps in space”. The report concludes that the regulatory landscape for space innovation is mostly ‘missing in action’, whilst technologies are racing ahead. Without robust regulations on space activities, there is a heightened risk of conflict, harm to the space environment, and missed opportunities for innovation. The RHC calls upon the UK government to lead in championing the protection, safety, and fair use of the space environment, positioning the UK as a global centre for space regulation and investing in key enabling technologies. The Department for Science, Innovation & Technology has responded in agreement with the report, and is set to publish a full response within the next three to six months.
The report is available to read here and the government response can be found here.
Background
Space regulation encompasses a broad range of measures, including international treaties, domestic laws, and regulatory bodies. The RHC is an independent expert committee which conducted a review to identify the intersections of the space sector and emerging technologies. The RHC’s assessment reveals a significant gap between technological advancements and regulatory frameworks that govern its use. The absence of clear rules and enforcement mechanisms leaves space activities vulnerable to exploitation, mismanagement, and conflicts of interest among spacefaring nations. In its report, the RHC provides practical recommendations for regulatory reforms that will enable the positive and safe roll-out of emerging technologies.
Challenges
The RHC’s report reveals several challenges in the current regulatory landscape for space activities.
- Space debris management. One of the biggest challenges in space regulation is the management of space debris. With thousands of defunct satellites, discarded rocket components and other debris orbiting the Earth, the risk of collisions poses a significant threat to operational spacecraft.
- Commercial complexities. The rise of commercial space ventures brings a host of regulatory challenges. Private companies are now launching satellites for diverse uses such as telecommunications, Earth observation, and scientific study. This gives rise to concerns about property ownership, liability in collisions, and the oversight of commercial spaceports.
- Militarisation risks. Military organisations rely heavily on satellite technology for secure communications, intelligence gathering, and navigation. As geopolitical tensions rise, there is growing concern about the weaponisation of space and the deployment of anti-satellite weapons by various countries.
- Lack of enforceable international regulations. While international treaties such as the Outer Space Treaty provide broad principles for space activities, the lack of enforceable regulations at the international level poses challenges for effective space governance. Existing treaties and agreements are often non-binding and lack mechanisms for enforcement or dispute resolution.
- Emerging technologies and unknown risks. The rapid advancement of technology, including artificial intelligence, quantum computing, and advanced robotics, introduces new capabilities and risks in space exploration. While these technologies hold the promise of revolutionising space exploration, they also raise concerns about safety, security, and ethical implications.
- Geopolitical competition and cooperation. The increasingly competitive landscape of space exploration, driven by geopolitical rivalries and strategic interests, complicates efforts to develop cohesive regulatory frameworks. Balancing geopolitical competition with international cooperation is essential to foster a peaceful and sustainable space environment.
Recommendations
The report recommends a multifaceted approach to space regulation, emphasising collaboration, innovation, and inclusivity. Key recommendations include:
- Advocating for environmental protection, peace, and equitable use of outer space on international platforms. This includes collaborating with international communities to establish robust legal protections for the space environment, limit pollution, and preserve 'clean zones' for future use. Additionally, the UK should prioritise efforts to prevent conflicts in space and promote responsible space behaviours globally.
- Establishing the UK as a hub for space regulation, arbitration and enabling services. This involves leveraging its legal expertise and international influence to develop comprehensive intellectual property regimes for space technologies. Strengthening the UK's financial services sector, particularly in space insurance and reinsurance, will further enhance its role as a centre for space-related activities.
- Investing in key enabling technologies and capability development to maintain a competitive edge. The report explains that the UK government should prioritise investments in funding research and development initiatives focused on novel semiconductor materials, fundamental design for space, and quantum technologies. Investing in deployable debris tracking and removal services and developing data modelling frameworks will also be critical for future space operations.
- Prioritising investments in skills and education to nurture a diverse talent pool for the space sector. The report explains this may include funding initiatives to create space bursaries aimed at encouraging a wider range of students to pursue space science. Additionally, the government should explore exemptions for specialist space technology experts and collaborate with universities and industries to create authentic learning opportunities in space-related fields.
Comment
As humanity embarks on a new era of space exploration, the need for effective regulation is more pressing than ever. There are a number of challenges along the way, and it will ultimately be about striking a balance between fostering commercial space ventures and enforcing regulations to uphold safety, security and sustainability which poses a significant hurdle for space regulators. Addressing these challenges will require a collaborative and proactive approach from governments, international organisations, industry stakeholders and society. As a global leader in law, finance and technology, the UK is uniquely positioned to shape the future of space regulation. By leveraging its international influence and expertise, the UK can champion initiatives for environmental protection, peacekeeping, and equitable resource allocation in outer space.
CMS has experts across the world in areas identified by the RHC as crucial to the future regulation of space technologies – for more information on how we can help, please don’t hesitate to contact us.
Co-authored by Jade Anya, Trainee Solicitor
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