The world’s fascination with space began with humans looking up at the sky and wondering what lay above. Today, it has quickly evolved from an elusive concept into a much more accessible destination.[1] Space has become a hub for regular satellite exploration[2]and 11-minute vacations for the rich and famous.[3]With its evolution from a place humankind could only dream about to a spot that hosts nearly 100,000 satellites and human travel, space needs to manage traffic.[4] In February of 2024, two satellites came alarmingly close to colliding.[5] Although the satellites missed each other this time, a collision could have major consequences.[6]Our society is reliant on functioning satellites in space.[7]One crash has the potential to destroy everything we have come to rely on, from power grids to agricultural functions, shipping routes, and even banking transactions.[8]This blog post will explore potential methods of space traffic management in the modern world.
Space traffic management refers to the technical and regulatory mechanisms necessary to ensure safe access to and return from outer space.[9] It also regulates travel and satellite operations while in space.[10]However, the primary concerns of space traffic management are physical interference and radio-frequency interference.[11]Strong space traffic management regulations are needed as the world shifts its focus to using it as an economic and diplomatic landscape.[12]As countries leverage space to expand their economic interests, there is a growing concern about the amount of debris this will create, posing safety concerns and spaceflight hazards.[13] In addition to shaping a future economic landscape, space regulations have a profound diplomatic impact.[14] Some experts? argue that if we ignore the diplomatic component of space, we will find ourselves in an interstellar arms race.[15]Space traffic management is not a lawless area, but some legal scholars would argue that the current rules are disorganized and mismanaged.[16]
The core principles of space travel were established by the International Civil Aviation Organization (ICAO).[17]The ICAO has established over 12,000 international standards and recommended practices for air transport agreed upon by 193 member states.[18] However, some legal scholars have criticized the regulation of space travel using air transport laws.[19]
The proponents in favor of using air transport laws to regulate space have made several strong arguments for their case. Air traffic management in sovereign national airspace is controlled by the local national authorities.[20]The authorities are guided by ICAO’s standards and recommendations.[21]Typical instructions from air traffic management agencies include recommended speeds, altitudes, routes, and right-of-way instructions.[22] Pilots and other aircraft commanders are accustomed to transferring between different national air traffic management agencies.[23]Pilots will have to transfer to different agencies when they cross borders or reach certain altitudes.[24] Currently, air traffic management agencies are already required to coordinate with militaries and space agencies.[25]Air traffic management agencies’ responsibilities of each nation are permitted to be delegated to another nation or an international agency.[26] The ICAO rules apply not only to airspace over specific nations, but also to communal airspace.[27] For example, the rules apply to the airspace over international waters.[28] Agencies are permitted to agree that one air traffic management agency can control specific areas over international waters.[29] The highly communal and sophisticated nature of the ICAO air traffic management system is why some believe it should serve as the model for rule-making regarding space traffic management.[30]
Critics of using air transport laws to regulate space travel argue that maritime law would be a more suitable approach.[31]While it is tempting to propose a single organization to control all, similar to the ICAO air traffic management system, the nature of diplomacy today is marked by mistrust, which would render it impossible to select just one entity to set regulations for all of space. [32] This diplomatic issue is why some argue that maritime law, specifically maritime collision regulations (COLREGS), may be the best model for space traffic management regulations.[33] Like space, the seas do not have distinct jurisdictions, are a shared resource, and require regulation to avoid collision between vessels and with debris.[34]The proponents of applying maritime regulations believe that adopting maritime principles will enable humankind to safely explore space to its heart’s content.[35]
Maritime law governs both navigation and shipping at sea.[36] Current international maritime law is based on the principle of “freedom of the seas,”[37] meaning nations are free to navigate, fly over, lay submarine cables and pipelines, construct islands, fish, and research.[38]
While there are some exceptions for territorial boundaries and economic zones, much of the sea is free to explore.[39] In addition to exploration, maritime regulations account for pollution and labor standards for ship crew members.[40] The parallels in the use of space and the ocean, as well as the regulatory needs, are why some believe maritime regulation is the best model for new space regulation.[41]
Whether modeled on air traffic or maritime law, the growing human presence in outer space, combined with our reliance on satellites, highlights the urgent need for an improved and comprehensive regulatory framework to ensure the safety and security of space travelers.[42]
[19] Patel, supra note 1; see also Swathi Paruchuru, Maritime Collision Regulations as a Structure for Space Travel, 48 Brooklyn J. Int’l L. 738, 739 (2023).
