This book calls for the urgent regulation of satellite mega-constellations in outer space, proposing a new model of “international regulatory coordination”, in order to ensure the sustainable balance of science and advanced telecommunications. We are currently witnessing expansion of the Internet off our planet. The proliferation of new space-based internet connectivity has been accompanied by much discussion about the potential impact on astronomy. Scientists are increasingly concerned that mega-constellations proposed by SpaceX, OneWeb, Amazon and Facebook, might wreak havoc on scientific research and transform our view of the stars. These commercial operators plan to launch hundreds of thousands of satellites into Low-Earth Orbit (LEO) in the coming decade, representing a 1000% increase on objects currently in orbit. This book examines this new space race in the context of historical rivalries, for it is clear that mega-constellations are being actively pursued by a US administration determined to dominate LEO as tensions with China rise. This creates a risk of interference with earth-based scientific activities that use optical and radio frequency techniques to study the universe. This book examines these developments in the context of the Outer Space Treaty (OST), which provides all States with the freedom of scientific investigation, exploration and use of outer space, while balancing this with obligations to avoid interference with the space activities of other States. It draws upon interviews with some of Europe’s leading astronomers in order to highlight the extent to which the issue will require legal and regulatory reform of mega-constellation licensing processes, to ensure the integrity of astronomical science is preserved. The race to dominate LEO also comes at a time when the monopolistic power of Facebook, Amazon and other TechGiants, is under renewed scrutiny in western democracies. The author argues that a new governance framework for launch and operational licenses is urgently required, in which impact risk assessments, scale and proportionality, and stakeholder consultation processes should play important roles. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.. It is now vital that the astronomical community – whose skill-set does not generally involve leading regulatory strategies – engage with those who can support its leadership in exerting a renewed influence. The diplomacy of science, which played a vital role during the Cold War and the establishment of global commons, must be reinvigorated for the New Space era.
Author(s): Scott Millwood
Series: SpringerBriefs in Law
Publisher: Springer
Year: 2023
Language: English
Pages: 155
City: Cham
Foreword
Preface
Acknowledgements
Recommendations
Contents
About the Author
Acronyms & Abbreviations
List of Figures
Chapter 1: The Orbital Internet and the Threat to Astronomy
Chapter 2: The Diplomacy of Science in a Time of Geopolitical Change
2.1 The Building Blocks of détente in the Global Commons
2.2 Scientific Cooperation and Consultation as Mechanisms of détente
2.3 The Role of Consultation Beyond the Cold War Era
2.4 Cooperation and Competition in Space Exploration and Astronomy
2.5 Concluding Remarks
References
Chapter 3: The Outer Space Treaty and Responsibility Under International Law
3.1 The Race for Control of the Orbital Internet
3.2 American Technology Giants and the Quest for Full Spectrum Dominance
3.3 The Impact of Interference with Science Is Borne by Science
3.4 State Responsibility for Commercial Space Activities
3.5 Due Regard, the Precautionary Approach, and the Prevention Principle
3.6 A Fundamental Right to the Stars?
3.7 Concluding Remarks
References
Chapter 4: Establishing a Governance Framework for the Orbital Internet in Outer Space
4.1 The Tragedy of the Commons
4.2 Treating LEO as a Finite Resource
4.3 A New Model of ``International Regulatory Coordination´´
4.4 Bolstering National Processes for Authorisation, Supervision, and Consultation
4.5 Recommendations for National Regulatory Reform
4.6 Concluding Remarks
References
Chapter 5: Towards Temperance Through Proportionality
5.1 Challenges to the Concept of Outer Space as a Global Commons
5.2 Proportionality and ``Abuse of Rights´´ in International Law
5.3 Good Night Dark Sky?
5.4 Corporations and Concerned Citizens Come to the Defence of Science
5.5 Reinvigorating the Diplomacy of Science in Europe
5.6 Temperance as a Balancing Act
5.7 Concluding Remarks
References
Chapter 6: A New Regulatory Framework for Mega-Constellations
References
Appendix
The Outer Space Treaty (1967)
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Othe...
