UNOOSA

Originally designed to prevent the militarization and national appropriation of space, the treaty did not fully anticipate the rise of powerful private actors with the capability to deploy vast satellite constellations and engage in space resource extraction. As companies like SpaceX, Blue Origin, and others continue to push the boundaries of space exploration and exploitation, questions arise about the adequacy of these decades-old agreements.41 The treaty’s emphasis on space as the "province of all humankind" is being tested by corporate ambitions that prioritize profit and innovation, largely at the expense of global cooperation and equitable access to space. The growing influence of private corporations in space highlights the urgent need for updated legal frameworks that can effectively address the complexities introduced by these new actors. Current treaties and regulations are often vague when it comes to the responsibilities and liabilities of private companies, leaving gaps that could be exploited, leading to conflicts or the monopolization of space resources.42 The rise of private actors also brings opportunities for new forms of space competition and cooperation, as nations and companies alike vie for influence in space. However, without updated and enforceable international agreements, the risk of conflicts— whether over orbital space, frequency bands, or resource rights—increases. Threats to Security in Space National governments and private corporations have made leaps and bounds since the dawn of space exploration. From weather satellites to international space stations, their progress has led to impressive discoveries and has opened new domains to explore. However, as technology advances, and countries become more dependent on satellites, the militarization of space intensifies. The growing potential threats to satellite and national security have spurred the development of defensive and offensive technologies, which could transform these potential dangers into real ones. Nations like China and India are developing antisatellite weapons (ASATs) capable of destroying, dismantling, or disabling other satellites. China demonstrated the power of one of its ASATs, using a mechanical arm to drag a satellite off its intended course.43 In 2019, India also launched an ASAT that successfully destroyed one of its own satellites.44These demonstrations have sounded alarm bells worldwide, prompting countries like England to develop new defense mechanisms.45 One example is what the European Defense Fund (EDF) refers to as "Bodyguards," aviation devices equipped with lasers. France has also begun adopting these technologies, though they are still in the early stages of development. Nevertheless, a new space race appears to be underway—not just for territory in space, but also for power and dominance. Constellations Satellite constellations, as previously mentioned, are a network of satellites that are effectively spaced out in lower earth orbit to provide continuous, reliable connections across the globe. While generally innocent and mostly beneficial, they’ve caused tensions internationally. With companies such as SpaceX rapidly producing and launching new satellites, they are also rapidly occupying LEO.46 There were about 4000 satellites in orbit as of June 2021, but experts estimate that there could be up to 65,000 in the near future.47 This congestion has led to frustrations from countries such as China and Russia and continues to worry astronomers and native peoples about the visibility of our stars.48 China and Russia have raised concerns about the dwindling space available for their own satellite deployments. The increasing congestion in LEO makes it more challenging for nations to find suitable orbits for their satellites, which are critical for national security and communication. This overcrowding has heightened geopolitical tensions, as countries fear that their access to space could be limited or compromised by the dominance of private companies and the rapid expansion of satellite constellations. Russia in particular is worried about what makes up these constellations. New relatively smaller satellites developed by the United States form “swarms” in outer space that consist of operational satellites. Operational satellites are tracking satellites that send warnings of missile launches to their origin countries. These swarms were utilized by NATO backers in 2022 when Russia invaded Ukraine for intelligence purposes. In response, Russia developed ASATs and lasercarrying satellites, yet they proved to be ineffective against these swarms. It is safe to assume that they will continue to develop antisatellite technology to jam or interfere with radio frequencies sent by these swarms.

Landsat 1, launched by the United States, was the first Earth-resources satellite, marking the dawn of satellite-based Earth observation. Earth observation satellites are crucial for disaster monitoring, observing natural phenomena, and tracking changes on Earth, especially those caused by human activity. In 1978, the United States launched GPS Block IA, the first fully operational satellite in the Global Positioning System (GPS), revolutionizing global navigation.8 The GPS satellites were revolutionary because they transformed how people navigate, communicate, and manage time on a global scale. Before the GPS, navigation was reliant on less accurate systems like radio beacons, celestial navigation, and maps, which were often prone to errors and environmental limitations. The launch of the first fully operational GPS satellite marked the beginning of a new era of precise, reliable, and continuous global positioning data. The GPS system, initially developed by the U.S. Department of Defense, provided unparalleled accuracy in determining location anywhere on Earth, regardless of weather or visibility conditions.9 This capability was particularly revolutionary for military operations, enabling precise targeting, troop movements, and reconnaissance. Over time, GPS technology expanded to civilian use, influencing a wide array of industries including aviation, maritime, and land-based transportation, as well as scientific research. The GPS satellites were particularly groundbreaking for the military because they provided a new level of precision and reliability in various operations. Before GPS, military forces relied on less accurate and more time-consuming methods of navigation and targeting, which could be severely impacted by environmental factors or enemy interference. With GPS, the military gained the ability to pinpoint exact locations anywhere on the globe, enabling precise missile guidance, troop deployments, and reconnaissance missions. The system also enhanced the coordination of military assets, allowing for synchronized movements and communications across vast distances. Furthermore, GPS was crucial in reducing the "fog of war," giving commanders real-time data on the positions of both friendly and enemy forces, thereby improving strategic planning and decision-making.10 This technological leap provided the U.S. military with a significant advantage, contributing to the success of operations in complex and hostile environments, and has since become an indispensable tool in modern warfare. Background Guide: United Nations Office for Outer Space Affairs 10 1980s: Space Stations In 1980, India marked a significant milestone with the launch of Rohini 1, the first satellite to be placed in orbit by an Indian-made launch vehicle, the SLV-3. Four years later, In 1984, China advanced its space program by launching Dong Fang Hong 2, part of its second generation of communication satellites. South Korea found its foothold in the eighties with a robust space technology development program with the hopes of out-competing other Western countries.11 The Soviet Union followed in 1986 with the launch of Mir, a space station that included several experimental modules, notably the Kvant-1 astrophysics module. Finally, in 1988, Israel entered the space arena by launching Ofeq 1, its first satellite, making it the eighth country in the world to achieve this feat.12 Space stations are large, habitable structures in orbit around Earth or other celestial bodies. They serve as laboratories for scientific research, platforms for technological development, and hubs for international collaboration. Space stations are crucial for advancing our understanding of space, as they allow long-term studies of microgravity, space environments, and human health in space. Additionally, they play a key role in preparing for future deep-space missions, such as those to Mars or beyond, by providing essential data on life support systems, resource management, and the effects of extended space travel. 1990s: Global Satellite Navigation and Communications In 1992, the European Space Agency launched ERS-1, Europe's first remote-sensing satellite, marking a significant advancement in Earth observation. Two years later, in 1994, China launched Beidou 1A, the first satellite of its Beidou navigation system, laying the foundation for China's own global positioning system. In 1997, the United States, in collaboration with the European Space Agency, launched the CassiniHuygens mission to explore Saturn and its moons, one of the most ambitious interplanetary missions ever undertaken.13 In 1998, India continued to expand its space capabilities with the launch of INSAT-2E, part of the Indian National Satellite System (INSAT), which played a crucial role in telecommunications, broadcasting, and meteorology.14 The International Space Station orbiting Earth. Source: NASA. Telecommunications and broadcasting satellites have had a profound impact both in India and globally by revolutionizing communication, information access, and economic development. In India, where vast and diverse geographical regions often made traditional infrastructure development challenging, satellites bridged the connectivity gap between urban and rural areas.15 They enabled widespread access to television, radio, and phone services, fostering social cohesion and providing vital information on education and healthcare to remote communities. INSAT played a key role in transforming the country’s telecommunications landscape, supporting everything from disaster management to distance education.16 Globally, these satellites broke down barriers to communication, allowing for instant, real-time transmission of data and media across continents. They fueled the rise of global media networks, enabled international trade and finance, and connected people in ways that were previously unimaginable. By facilitating the rapid exchange of information and culture, telecommunications and broadcasting satellites have been instrumental in shaping the modern, interconnected world. 2000s: Advanced Satellite Systems In 2002, the ESA launched Envisat, an advanced Earth observation satellite that provided comprehensive data on the Earth's atmosphere, oceans, and land.17 The following year, in 2003, China launched Yinhe-1, a data relay satellite designed to support its human spaceflight missions. In 2004, the United States launched GeoEye-1, a high-resolution Earth observation satellite serving both commercial and Background Guide: United Nations Office for Outer Space Affairs 11 governmental needs. In 2005, the ESA continued its advancements with the launch of Giove-A, the first test satellite for Europe's Galileo navigation system. In 2008, India launched Cartosat-2A, an advanced remote sensing satellite used for capturing high-resolution imagery of the Earth.18 Finally, in 2009, Russia launched GLONASS-M, a satellite that contributed to the country's GLONASS navigation system, enhancing its global positioning capabilities. The 2000s saw a pivotal growth in the technical capabilities of satellites, leading to transformative advancements across various domains such as Earth observation, navigation, and communication. During this decade, satellite technology evolved rapidly, and enhancements allowed for more detailed monitoring of the Earth's environment.19 Importantly, these advancements provided information for better resource management and more reliable global navigation systems. Global communication networks also improved exponentially during this decade. As a result, the 2000s set the stage for a new era in space-based technologies, making satellites an even more integral part of modern life and global infrastructure. 2010s: The Dawn of Constellations and Advanced Missions In the 2010s, the United States and China seemed to have a sort of tennis match; both countries launched satellites back to back throughout the decade, totaling 5 satellites launched between the two.20 The United Kingdom, however, had an impressive launch in 2019: OneWeb. This launch would make up a part of their satellite constellation aimed at providing global internet coverage. Satellite constellations refer to groups of satellites working together in coordinated orbits to provide continuous and widespread coverage of a particular area or the entire globe.21HSS12 Unlike a single satellite, which can only cover a limited region at a time, a constellation positions multiple satellites so that as one moves out of range, another moves in, ensuring uninterrupted service.22 These constellations can consist of a few satellites or hundreds, depending on their purpose, and they operate in low Earth orbit (LEO), medium Earth orbit, or geostationary orbit.23 Constellations are particularly common in applications such as global navigation systems and telecommunications, where consistent coverage is essential. By using a network of satellites in LEO, these constellations can deliver high-speed internet to regions where traditional infrastructure is impractical or too costly. This has the potential to transform education, healthcare, and economic opportunities in many parts of the world. Militaries across the globe rely heavily on the stability of their nations' constellations for a wide range of critical operations, including navigation, communication, surveillance, and missile guidance. These satellite networks provide realtime data and secure communication channels that are essential for coordinating troop movements and monitoring potential threats. They also use satellite networks to monitor enemy troop movements, a surveillance strategy that is becoming increasingly more important.24 Satellite imaging provides real-time updates of environmental changes during times of war; the Israel-Palestine conflict is a prime example of this. In modern warfare, the ability to maintain uninterrupted satellite coverage can be the difference between success and failure, as it ensures that forces remain connected and informed regardless of their location. Moreover, the resilience and redundancy provided by satellite constellations are crucial for maintaining operational security and continuity. As a result, the stability and protection of these constellations are paramount to national security, making them a top priority for military strategy and investment. 2020s: Satellite Constellations and Private Corporations In 2020, the United States marked a significant milestone with the launch of Starlink, SpaceX's ambitious satellite internet constellation designed to provide global broadband coverage.25That same year, China completed its Beidou-3 global satellite navigation system, ensuring comprehensive global coverage. In 2021, Russia launched Arktika-M, a series of satellites specifically aimed at monitoring the Arctic region, while India, in collaboration with Brazil, launched Amazonia-1, its first satellite dedicated to monitoring the Amazon rainforest.26 The ESA followed in 2022 with the launch of Copernicus Sentinel-6, a satellite focused on monitoring sea levels as part of the Copernicus Earth observation program.27 Background Guide: United Nations Office for Outer Space Affairs 12 Artist rendering of Starlink circling the Earth. Source: SpaceX. In 2023, the United States saw the launch of Viasat-3, part of a satellite constellation aimed at providing global broadband coverage, particularly in underserved regions, alongside Blue Origin's continued efforts to develop its own satellite network for improving global communication and connectivity. As the development and deployment of satellites accelerated, especially during the latter half of the 20th century, the need for a structured legal framework became increasingly clear. With nations launching satellites for a variety of purposes—from communication and navigation to Earth observation and military applications—it was essential to establish guidelines that ensured peaceful use of space and avoided conflicts between countries. This growing space activity led to the creation of international agreements, with the United Nations playing a pivotal role in setting the legal precedents that govern outer space today. These regulations have shaped how nations and private entities operate in space, establishing norms that continue to influence satellite deployment and space exploration. Legal Precedent and Potential Concerns The heart of the legality of space settlement and international participation lies in the Outer Space Treaty of 1967 (OST).28 This pivotal international agreement is a legal document created and curated by the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) that holds nations to certain standards: peaceful operation of spacecraft and aviation devices, nonappropriation of celestial bodies, international responsibility and liability, and non-interference. I have detailed these subclauses below: Peaceful Operations The treaty explicitly states that the exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit of all countries, regardless of their level of economic or scientific development. It prohibits any use of space for military purposes, particularly the placement of nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies. Although space may not be weaponized, it is heavily militarized.29 Many nation-states rely on satellites for communications, GPS, commerce, and other important functions needed for their nations to operate day-by-day. However, they also use these satellites for military operations, including surveillance and intelligence missions. Due to this, many states have taken an active role in “defensive” space activities, such as developing and launching anti-satellite technology (ASAT).30 This new form of technology and its legality has yet to be tried in court, but many nations are wary of its implications for international dominance in space and on land. Non-appropriation While seemingly unrelated to space settlement, the non-appropriation clause of the OST states that outer space, including the Moon and other celestial bodies, is not subject to national appropriation by any means. No country can claim sovereignty over any part of space or its celestial bodies, either through occupation, use, or any other means. This clause ensures that space remains a global commons, accessible for peaceful purposes by all nations. This also means that the orbital paths of Earth are the only (current) achievable spaces to reserve. The race for space in space has been underway for years, but as we become more reliant on our satellites and aviation devices, space has become more contested. National governments and private corporations alike are racing to establish themselves in space, for both international and national dominance. As new technologies arise and our skies become more populated, legal questions arise with them: Who has the right to space? International Responsibility and Liability The Outer Space Treaty (OST) holds states accountable for all national activities in outer Background Guide: United Nations Office for Outer Space Affairs 13 space, whether conducted by governmental or non-governmental entities. Countries must ensure that their space activities comply with the treaty's provisions and international law. This includes oversight of private sector activities, meaning a state is liable for any damages caused by its nationals in space, regardless of whether those activities are state-run or privately managed. For example, the OST states that the launching state is responsible for any damage done to a previously launched satellite of another state or international private corporation.31 States are also liable for any damages that occur on land or to the environment. Climate change is a pressing issue globally, and in the United States, there is growing concern over the high rate of satellite launches and their impact on climate change and light pollution. The Federal Communications Commission (FCC), which approves satellite launches in the U.S., has faced criticism for its rapid approval of launches by SpaceX, a private corporation.32 The FCC has been categorically excluded from reviews by the Environmental Protection Agency, meaning its approvals are not subject to the National Environmental Policy Act (NEPA). However, as production and launch rates increase, and more private companies enter the industry, the environmental impact of launch activities is becoming more evident. The Liability Convention has yet to be tested in court, leaving these concerns unresolved by legal precedent. This raises important questions about how we can combat climate change while continuing to advance technologically. Non-interference It is important to note that the Outer Space Treaty emphasizes respect for the activities of other states in space. It mandates that all space activities be carried out with due regard for the interests of other states to avoid harmful interference. This includes preventing the harmful contamination of space, celestial bodies, and Earth's environment.33 While private corporations have been briefly covered in UN sessions and documents, they remain a largely untouched entity. This has allowed nations to regulate them according to the general guidelines set by the United Nations, but more predominantly to national law. As billionaires, such as Elon Musk and Jeff Bezos, have taken a deeper interest in Space and its potential, they’ve begun to dominate orbital domains. However, their substantial progress and impact on their nations is nothing to scoff at. Governments frequently work with private corporations for their own gain. But where do we draw the line? Private Corporation Involvement in Space Over the past few decades, the presence of private corporations in space operations, particularly in satellite technology, has grown significantly. What was once an arena dominated by government space agencies is now increasingly shaped by the ambitions and innovations of private companies. Driven by advances in technology and new business models, these corporations have expanded their reach, launching large-scale satellite constellations, providing global broadband coverage, and offering commercial satellite services. As a result, private entities are no longer just participants in space; they are becoming key drivers of its future. This rise in private sector involvement is transforming the dynamics of space exploration and satellite operations, introducing new opportunities and challenges that are reshaping international politics and necessitating a reevaluation of existing UN treaties and regulations. The Commercialization of Space Although space has long been a conquered frontier, its lucrativeness had been largely untapped until the recent past. Billionaires who had climbed the ranks in commercial industries on land saw space as an opportunity to further expand their wealth. Companies such as SpaceX, ULA, OneWeb, and Blue Origin seized this opportunity by investing heavily in satellite technology and space infrastructure.34 Their advancements have led to unprecedented growth in the commercial space sector, from launching satellite constellations for global internet coverage to developing reusable rockets that reduce the cost of space access. These private enterprises are not just pushing the boundaries of technology; they are also redefining the economics of space, creating new markets, and challenging traditional government-led space programs. As a result, the commercialization of space has become a driving force in the industry, with major implications for international politics in the final frontier. Not surprisingly, the motivations driving these private space ventures are primarily economic. However, other factors also play a role, such as the pursuit of “post-apocalyptic” habitats, outsourcing Background Guide: United Nations Office for Outer Space Affairs 14 business operations to protect the environment, expanding broadband internet coverage, and providing scientists with new research avenues.35 Despite their significant global impact on politics and military strategies, it is clear that these private organizations were not founded for political gain. Instead, their origins lie in the pursuit of innovation, profit, and exploration. Even so, their technology significantly helps national governments and their militaries with internal communication and locating services used for missiles, troop movements, and more. Given the limited real estate in space, these companies have been fiercely competitive since their inception. SpaceX, founded by Elon Musk, quickly established itself as a leader by revolutionizing the commercial space industry with the development of reusable spacecraft and satellite constellations. As of July this year, Starlink, a subsidiary of SpaceX, has 6,281 satellites in orbit.36 United Launch Alliance (ULA), founded four years after SpaceX, has also made strides in creating reusable spacecraft and vehicles, with some of its technology outperforming SpaceX’s Falcon rocket by a small margin. ULA benefits from the supply of satellites and rocket engines from Blue Origin, another key player in the space industry. However, ULA’s prominence has waned since the 2000s, partly due to legal battles, including a lawsuit from Musk and competition from other companies with stakes in space technology.37 Lastly, OneWeb has also made waves in the space industry, deploying thousands of satellites in the last year.38 They currently have 643 operational satellites in orbit. When launching satellites, all of these companies largely aim for low Earth orbit. They heavily utilize LEO because of its unique advantages for satellite operations. Positioned between 160 and 2,000 kilometers above Earth, LEO allows for faster communication with minimal signal delay, making it ideal for services like broadband internet, Earth observation, and real-time data transmission.39 The proximity to Earth also means that satellites in LEO require less energy to reach orbit, reducing launch costs. Additionally, LEO’s lower altitude provides better resolution for imaging satellites and more precise data for scientific research. However, the rapid pace at which these private corporations launch satellites, combined with the limited available space in LEO, has sparked concerns among national governments that the final frontier may soon become inaccessible to them. Geopolitical Implications Nations that once led the space race through government agencies now find themselves contending with private enterprises that control vast satellite networks. This shift has led to a rebalancing of power in space, where commercial interests often intersect with national security concerns. As companies like SpaceX and OneWeb deploy thousands of satellites, they not only provide critical services but also establish strategic positions in LEO, raising questions about sovereignty and access. The control of these orbital pathways by private entities complicates diplomatic relations, as countries must navigate the growing influence of corporations that are not bound by traditional geopolitical alliances. In response to the dominance of these corporations in space, countries are adapting their strategies, both in terms of regulation and technological competition. Some nations are accelerating their own satellite programs or seeking partnerships with private firms to ensure their presence in LEO is not overshadowed. Others are pushing for new international regulations to govern the activities of private companies in space, aiming to prevent any single entity from monopolizing orbital space.40 These dynamics are intensifying the space race, as countries rush to secure their interests in an increasingly crowded and competitive environment. The involvement of the private sector has introduced new players into this race, escalating the competition not only between nations but also between commercial and governmental entities, further blurring the lines between public and private interests in space. Private corporation's dominance in space is also challenging the foundations of existing international agreements, particularly the OST.