LONDON (IT BOLTWISE) – The rapid increase in satellite constellations in space is raising significant legal questions. Who is responsible for collisions? Can private actors claim minerals on the moon? Expert Lucien Rapp sheds light on these and other questions.
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The increasing number of satellite constellations in space, such as SpaceX’s Starlink and SSST’s Qianfan, poses new legal challenges for the international community. The question of liability in the event of satellite collisions is just one of many that are being discussed. The question also arises as to whether private actors can lay claim to resources on the Moon or Mars. These developments require an adjustment to existing space laws originally formulated during the Cold War era.
Space law is based on the 1967 Outer Space Treaty, which defines outer space as an area without national sovereignty. This treaty, signed by all major spacefaring nations, prohibits the stationing of nuclear weapons in space and obliges states to control and take responsibility for their activities in space. Despite these regulations, the issue of private ownership in outer space remains unclear as the Treaty does not contain any specific provisions on this matter.
The Artemis Accords, a US-initiated agreement, seeks to close this gap by establishing new principles for the use of space. These also include the possibility of private ownership in space, which could, however, contradict existing international agreements. The legal scope of these agreements remains unclear as they are considered non-binding.
Another problem is the militarization of space. Although space is officially considered nuclear-weapon-free, it is already heavily militarized. The coexistence of civil and military satellites shows that space is increasingly viewed as a strategic area. The international community must therefore take measures to ensure the peaceful use of outer space and avoid conflicts.
The future of space law depends on the international community’s ability to respond to these challenges. It is necessary to create new legal frameworks that take current developments into account and ensure the peaceful use of outer space. This requires close cooperation between states and an adaptation of existing treaties to the new realities.
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