Governing space

The United Nations’ Outer Space Treaty has done a pretty good job of keeping peace and order beyond the Earth’s atmosphere, most participants agreed at a Friends of Europe debate on Thursday, but it dates back to 1967 when satellite technology was in its infancy.

Now, with over 5,000 satellites in orbit and 58 countries managing space-based assets, often with vital economic, scientific or security roles, there’s a pressing need to upgrade space governance.

“There’s good news and there’s bad news,” said Steven Freeland, Emeritus Professor of International Law at Western Sydney University, Australia.

“Space has generally worked in the last 60 years, it’s delivered incredible benefits for everybody,” (55:16) Freeland explained, pointing, in particular, to the role of space-based tools in the fight against climate change. “It’s not the Wild, Wild West … the rules exist [but] they are not enforced because there is not the political will.” (58:57)

Freeland joined experts and other stakeholders from the private and public sector, international organisations, academia and civil society for the second online debate in Friends of Europe’s new Making Space Matter initiative, in partnership with the European Space Agency (ESA).

The debate assessed the efficacy of the existing treaties and regulations in governing space matters and explored whether it was time they be upgraded, as well as how to craft an enforceable framework which could be empowered to manage the warp-speed technological developments that are transforming the use of space in the 2020s. There was broad agreement that improvements in governing space are needed – and fast.

“The global system … it is fit for today, for what we have done so far,” said Marco Ferrazzani, Legal Counsel and Head of the Legal Services Department at ESA.

“The question is, is it still fit for tomorrow, for the technological advances that we’re planning to do tomorrow? … From what we see is happening, probably it will not be enough anymore,” he told the group. “We need more, with more precise principles, even regulations and … more enforceable regulations and standards.” (19:19)

Among the ideas put forward were calls for a global regulatory body to replace the current system based on national laws and add teeth to the treaties governing space. The failure of existing rules to cover defence assets and the sheer scale of private-sector expansion into space were highlighted as particular problems.

Speakers noted that the European Union is only now waking up to the full potential of space and its essential role in the data-driven digital economy. Although the US may be over a decade ahead and the ESA’s budget is just 20% of the money available to the US National Aeronautics and Space Administration (NASA), there are areas where Europe can make a difference.

“What we really see now is Europe trying to jump on a moving train, which is running on tracks laid by the US,” (46:20) said Aarti Holla-Maini, Secretary General of the EMEA Satellite Operators Association (ESOA).

However, she said, the EU could come to the fore in three key areas: bridging the digital divide and making a ‘significant’ contribution to broadband in Africa; making the right links with the private sector to ensure the global competitiveness of the proposed EU broadband satellite constellation; and taking a lead role in global space-traffic management.

“There are opportunities for European leadership, but it requires a step change in mindset and approach,” (49:18) Holla-Maini said. “I mean being user centric, to deliver meaningful connectivity, not just artificial constructs, to be action-oriented with space-traffic management, and to be service-driven and not just infrastructure-driven.”

Another area where Europe could take a lead role is supporting developing nations as they seek to reap the benefits of space-linked technology, said Yukiko Okumura, Associate Space Law Officer at the United Nations Office for Outer Space Affairs (UNOOSA). A key message from the debate was for the EU to not lose sight of its founding purpose and values – these should be its drivers in space governance and its approach to the significant potential for future economic growth.

“We have to include the voices of all actors, including industry … In multilateral discussions, we shouldn’t leave out the developing countries,” (1:35:08) she said. “Europe could be the leader to enhance more cooperation in terms of supporting, in legally supporting what are the best practices when developing national space.”

Making space a political and policy priority matched with resources comparable to other global regions; giving an effective political mandate to the ESA; and defining an EU-wide regulatory regime were considered to be essential foundation blocks for the future of space governance in order to make space matter for Europe’s citizens and globally.