Governing the Great Beyond: The Role of the UN in Space Law Enforcement
The next big legal frontier isn’t just across borders — it’s beyond Earth. There is an urgent need for a unified international legal framework to govern space resource utilization and sustainability. This framework must balance the interests of developed and developing nations, address commercialization, and integrate principles of equity and sustainability.
International Cooperation and Governance
To address this issue, the United Nations Office for Outer Space Affairs (UNOOSA) promotes international cooperation in the peaceful use and exploration of space.[1] In 1959, the United Nations General Assembly established the Committee on the Peaceful Uses of Outer Space (COPUOS).[2] Shortly after, the Scientific and Technical Subcommittee (STSC) and Legal Subcommittee (LSC) were formed to assist the COPUOS.[3] These committees facilitate annual discussions on international cooperation in space exploration and the use of space technology to meet global development goals.[4]
This post will consider discussions at the COPOUS 67th session on June 2024, the 62nd and 63rd LSC sessions on March 2023 and April 2024 respectively, and the Management and Sustainability of Outer Space Activities Conference held in Portugal in May 2024. In the 67th COPOUS session, 102 member states participated in the discussions, as compared to 81 member states during the 63rd LSC session.[5] These sessions considered a large number of issues, notably the maintenance of outer space for peaceful purposes, the utilization of space resources, the “Space2030” agenda, and the sustainable development of outer space.
Space Resource Utilization and Privatization
Many member states made oral statements during the COPUOS and LSC sessions calling for the development of an international legal framework on space resources, though this view was not uniformly held.
For example, the G77 and China indicated concerns about states adopting unilateral decisions concerning space resource utilization, highlighting that the principle of non-appropriation of outer space under the Outer Space Treaty (OST) should be upheld.[6] Along with the G77 and China, the African Group and the European Union urged countries to refrain from applying any unilateral economic, financial, and trade measures contrary to international law, especially if they limit access to space activities for developing countries.[7]
Egypt emphasized the need for COPUOS to establish clear guidelines on emerging applications in space resource utilization, including defining the roles of stakeholders while ensuring equal rights for all states to benefit from space and its resources.[8] Canada suggested the creation of international non-binding guidelines on space resource extraction, use, and ownership.[9] Belgium suggested using the Antarctic Treaty system as a model for the multilateral management of space resources.[10]
In contrast, the United States expressed reluctance to establish international laws on space resource utilization, arguing that such rules could hinder ongoing development and scientific progress.[11] The United States reiterated its longstanding view that utilization of space-based resources can be done consistently with the existing four core United Nations space treaties.[12] Citing Article II of the OST, under which outer space is not subject to national appropriation, the U.S. argued that if natural resources are physically removed from these bodies, ownership can be claimed by states or private entities, as long as it complies with international and domestic laws.[13] The U.S. expressed that a high-level set of universal principles for space resource activities is unnecessary, as the Artemis Accords already address the essential principles for space resource utilization.[14]
The privatization of space resources was also on the minds of states during the COPUOS and LSC discussions. During the 62nd session, Costa Rica indicated that the presence of non-state actors is increasing the privatization of space.[15] Later, in the 63rd session, Costa Rica also stated that private and public alliances should be encouraged.[16]Indonesia questioned the complexities of commercial activities in space, particularly how sovereignty under Article II of the OST might be interpreted to allow economic exploitation.[17] Indonesia raised concerns about determining ownership, intellectual property rights, and the equitable distribution of economic benefits to ensure that commercialization aligns with the OST’s principle of benefiting all humankind.[18]
While most states acknowledged the need for binding legal frameworks that promote equity and sustainability, other states, such as the United States, advocated for non-binding principles or for maintaining existing frameworks.[19]As one of the leading players in the space industry, the United States’ approach could hinder the creation of a cohesive legal framework and this will likely set a precedent for other nations in avoiding multilateral agreements. These actions could undermine the principles of international cooperation that COPUOS was established to uphold.
Sustainable Development
In 2021, the UN General Assembly adopted the "Space2030" Agenda, which recognized how space tools will help in reaching Sustainable Development Goals (SDGs) .[20] The 2024 “Lisbon Declaration on Outer Space Report” – the outcome of the Management and Sustainability of Outer Space Activities Conference - builds on the Space2030 Agenda.[21] The Declaration highlighted that many states agreed that COPUOS (including its subcommittees) retain a principal role as the appropriate forum to discuss current and emerging challenges to the safe and sustainable use of space.[22]Many states also agreed on the importance of strengthening youth participation, intergenerational dialogues, promoting inclusivity, and enhancing female participation in outer space research and exploration.[23]
During the 67th COPOUS session, it seems that states indicated widespread support for promoting sustainable development in space. Luxembourg defined sustainable development of space as focusing on the economy, as well as the sustainable use of resources on Earth and in space.[24] Some countries such as Japan and Canada emphasized that the Artemis Accords promote sustainability.[25] The United States referred to NASA’s recently released Space Sustainability Strategy, which aims to enhance efforts to assess sustainability in space, develop cost-effective practices to encourage the adoption of sustainable practices and increase cooperation with the global space community.[26]
A significant challenge to maintaining sustainable and equitable space resource utilization is the increase in private interests and commercialization. In recent news, the conflict between environmentalists and SpaceX over the pollution caused by rocket launches that are impacting water in Texas highlight the ongoing tension between private economic interests and public environmental sustainability.[27] This challenge emphasizes the need for a comprehensive governance structure that includes robust environmental protections. Without such principles, there is a risk that states will continue pursuing unsustainable methods to expand their space industries. Frameworks like the Sustainable Development Goals, the Space 2030 Agenda, and other international initiatives can leverage international law to strengthen regulatory mechanisms and governance structures, fostering collective responsibility for the long-term stewardship of outer space. These legal instruments could help balance innovation from private entities, and ensure a fair distribution of opportunities and benefits for the international space community.
Equity and Capacity Building
Many states called for COPUOS to establish a strong international framework for the sustainable use of space. Notably, in the 63rd session, Australia emphasized the need for the inclusion of Indigenous peoples’ perspectives in the preservation of celestial bodies,[28] an issue that is relevant to the discussion of space resource utilization. In the 62ndsession, Austria encouraged states to join the COPUOS-developed Moon Treaty, which promotes equitable access to the Moon regardless of a nation’s economic or social development[29] (and which also addresses space resource extraction).
A recurring theme in state submissions was the call from developing countries for equitable access to space resources through international cooperation, knowledge sharing, and capacity building. The African Group specifically urged the COPUOS Member States, particularly developed nations, to provide capacity building and technical assistance to help strengthen the space capabilities of developing countries.[30]
Capacity building efforts were highlighted by many states and observers, such as UNISEC-Global and the National Space Society.[31] As noted by Egypt, space-related capacity-building activities would bridge the huge divide between developed and developing countries.[32] Kenya highlighted that its government was in the final stage of developing national space legislation, through technical support and collaboration with the UNOOSA “Space Law for New Space Actors” capacity-building project.[33]
A new international legal framework can guarantee equal opportunities for all countries to access and benefit from space resources. A core principle of the Outer Space Treaty is that space should be used for the benefit of all humankind.[34] This implies that there should be legal mechanisms that support the development of space capacities of every member state. COPUOS could advocate for a framework that incorporates provisions for the open exchange of information and educational opportunities to support nations with emerging space industries.
Conclusion:
As nations grapple with challenges ranging from resource utilization to commercialization and sustainable development, the decisions from recent COPUOS sessions will help shape the future of humanity's use of outer space. In a constantly evolving scientific landscape, the next important legal steps on space resources, and sustainable development of those resources, will come from the COPUOS.
COPUOS must establish a binding international legal framework for the utilization of space resources. As humanity ventures further into outer space, it is essential to define a legal governance structure to clarify space resource utilization, extraction and ownership. It is also crucial to create binding or non-binding principles which promote equal opportunities for all nations and that balance private interests with the public good. Lastly, by honoring existing Indigenous values, COPUOS' legal framework can ensure that space exploration and resource utilization are developed sustainably for future generations.
[1] About Us, United Nations Office for Outer Space Affairs, https://www.unoosa.org/oosa/en/aboutus/index.html#:~:text=The%20United%20Nations%20Office%20for,capabilities%20into%20national%20development%20programmes.
[2] Committee on the Peaceful Uses of Outer Space (COPUOS), (Mar. 3, 2023), https://www.unoosa.org/oosa/en/ourwork/copuos/index.html.
[3] Id.
[4] COPUOS: Committee and Subcommittees, (June 19, 2024), https://www.unoosa.org/oosa/de/ourwork/copuos/comm-subcomms.html.
[5] Provisional List of Participants, (June 26, 2024), https://www.unoosa.org/res/oosadoc/data/documents/2024/aac_1052024crp/aac_1052024crp_2_0_html/AC105_2024_CRP02EFS.pdf
[6] Oral Statement of Colombia on behalf of the G77 and China, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 818th meeting (June 19, 2024) https://webtv.un.org/en/asset/k1h/k1h2zigbih (at 1:23:35) (accessed June 19, 2024).
[7] Oral Statement of European Union, along with Albania, Ukraine and Norway, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 818th meeting (June 19, 2024) https://webtv.un.org/en/asset/k1h/k1h2zigbih (at 1:42:20) (accessed June 19, 2024); Oral Statement of Burkina Faso on behalf of the African Group, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 818th meeting (June 19, 2024) [hereinafter African Group] https://webtv.un.org/en/asset/k1h/k1h2zigbih (at 1:31:50) (accessed June 19, 2024).
[8] Oral Statement of Egypt, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 818th meeting (June 19, 2024) https://webtv.un.org/en/asset/k1h/k1h2zigbih (at 1:55:15) (accessed June 19, 2024).
[9] Oral Statement of Canada, 63rd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1062ndmeeting (Apr 19, 2024) https://webtv.un.org/en/asset/k1c/k1cgwgrl3o (at 1:00:49) (accessed May 16, 2024). On the need for clear guidelines, see also Oral Statement of Canada, 62nd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1037thmeeting (March 21, 2023) https://media.un.org/en/asset/k14/k14tte5mhv (at 1:19:42); Oral Statement of Belgium, 62nd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1037th meeting (March 21, 2023) https://media.un.org/en/asset/k14/k14tte5mhv (at 1:29:02).
[10] Id.
[11] Oral Statement of United States, 63rd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1061st meeting (Apr 18, 2024) https://webtv.un.org/en/asset/k1h/k1h4feha4u (at 1:30:34).
[12] Id.
[13] Id.
[14] Id.
[15] Oral Statement of Costa Rica, 62nd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1034th meeting (March 20, 2023) https://media.un.org/en/asset/k15/k1523h0jo8(at 1:24:52).
[16] Oral Statement of Costa Rica, 63rd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1063rd meeting (Apr 19, 2024) https://webtv.un.org/en/asset/k1y/k1ywbhkdo0 (at 26:50).
[17] Oral Statement of Indonesia, 63rd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1062nd meeting (Apr 19, 2024) https://webtv.un.org/en/asset/k1c/k1cgwgrl3o (at 29:00).
[18] Id.
[19] See Oral Statement of United States supra, note 11.
[20] “The Space2030 Agenda, Space as a Driver of Sustainable Development,” United Nations Committee on the Peaceful Uses of Outer Space, (accessed August 29, 2024) https://www.unoosa.org/res/oosadoc/data/documents/2024/stspace/stspace88_0_html/st_space-088E.pdf.
[21] “Lisbon Declaration on Outer Space,” Portuguese Space Agency, (May 14-15, 2024) https://www.unportugal.ptspace.pt/wp-content/uploads/2024/05/Lisbon_Declaration_on_Outer_Space.pdf.
[22] Id.
[23] Id.
[24] Oral Statement of Luxembourg, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 818th meeting (June 19, 2024) https://webtv.un.org/en/asset/k1h/k1h2zigbih (at 2:24:45).
[25] Oral Statement of Japan, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 820th meeting (June 20, 2024) https://webtv.un.org/en/asset/k17/k17l4pzr0q (at 44:26) (accessed June 20, 2024); Oral Statement of Canada, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 824th meeting (June 24, 2024) https://webtv.un.org/en/asset/k1b/k1by7zsjdi (at 44:52).
[26] Oral Statement of United States, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 820th meeting (June 20, 2024) https://webtv.un.org/en/asset/k17/k17l4pzr0q (at 50:12).
[27] Lora Kolodny, SpaceX repeatedly polluted waters in Texas this year, regulators found, NBC NEWS, (Aug. 12, 2024, 3:40 PM EDT), https://www.nbcnews.com/science/environment/spacex-polluted-waters-texas-regulators-rcna166283
[28] Oral Statement of Australia, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 818th meeting (June 19, 2024) https://webtv.un.org/en/asset/k1h/k1h2zigbih (at 2:40:03).
[29] Oral Statement of Austria, 62nd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1035thmeeting (March 20, 2023) https://media.un.org/en/asset/k1n/k1nq5u7bec (at 1:29:05).
[30] African Group, supra note 2.
[31] Oral Statement of UNISEC - Global, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 825th meeting (June 24, 2024) https://webtv.un.org/en/asset/k12/k12vukdb6e (at 28:00).
[32] Oral Statement of Egypt, 67th Session of the United Nations Committee on the Peaceful Uses of Outer Space, 818th meeting (June 19, 2024) https://webtv.un.org/en/asset/k1h/k1h2zigbih (at 1:55:15).
[33] Oral Statement of Kenya, 63rd Session of the United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, 1054thmeeting (Apr 15, 2024) https://webtv.un.org/en/asset/k1f/k1fefjaze4 (at 3:10:40).
[34] 2222 (XXI). Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, (19 December, 1966), https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html