We are excited to share with you the inaugural edition of the International Space Law and Policy Update, Akin's quarterly newsletter focused on developments in international space law and policy.

This newsletter takes a longer and more in-depth view than Akin's biweekly Space Law, Regulation and Policy Update. Together, they will provide context on the legal and policy developments shaping the next generation of space business and exploration.

We hope you find this update informative and will share it with colleagues you think may be interested in receiving it. We welcome any feedback on how our team can make our newsletters more useful to you and your teams.

What's New?

  • The United States and Australia signed the Agreement on Technology Safeguards Associated with U.S. Participation in Space Launches from Australia.
  • The International Telecommunications Union (ITU) and the European Space Agency (ESA) have Launched a Cooperative Effort to Address Space Sustainability.
  • The Organization for Economic Cooperation and Development (OECD) Publishes G20 Background Paper on "Harnessing 'New Space' for Sustainable Growth of the Space Economy".
  • The ESA is "Aiming for the Moon" in New Plan After Recent Event.
  • UNOOSA Publishes its Annual Report 2022.
  • The UN Secretary General Publishes "Our Common Agenda" Policy Brief #7: "For All Humanity – The Future of Outer Space Governance".
  • The International Organization for Standardization (ISO) Publishes 12 Space Standards, Including Critical Revision of the Space Debris Mitigation Requirements.
  • The ITU finalizes report on preparatory studies for the 2023 World Radiocommunication Conference (WRC-2023) in Dubai.
  • The United States Changes its Interpretation of Missile Technology Control Regime (MTCR) Policy for Export Controls on Foreign Space Launch Vehicles.
  • The International Astronautical Foundation (IAF) Proposes New Framework for Peaceful and Sustainable Lunar Activities.
  • The United Nation (UN) Office on Outer Space Affairs (UNOOSA) Releases New Report on "Space-Related Activities within the United Nations System 2023".

Opportunities for Engagement

  • The ESA will host its Annual Conference on Commercial Space Exploration in Noordwijk, The Netherlands from November 2-3.
  • The Europe Space Tech Expo will be held in Bremen, Germany from November 14-16.
  • The UK Space Trade Association will hold its 2023 UK Space Conference from November 21-23 in Belfast, Northern Ireland.
  • UNOOSA will hold the World Space Forum 2023 jointly with Austria from December 12-14.

Closer Look: The Artemis Accords

What's New?

U.S. and Australia sign Agreement on Technology Safeguards Associated with U.S. Participation in Space Launches from Australia

On October 26, 2023, the U.S. and Australia signed the U.S.-Australia Technology Safeguards Agreement, which provides the legal and technical framework for U.S. space launches from Australian spaceports, including provisions for the handling of technology under the MTCR. The agreement opens the door to new space-related commercial opportunities between the two nations. The U.S. already holds similar agreements with other nations, including the United Kingdom (U.K.) and New Zealand, in part to meet its international non-proliferation commitments.

ITU and ESA launch cooperative effort to address space sustainability

On September 11, 2023, speaking at Euroconsult's World Satellite Business Week, ITU SecretaryGeneral Doreen Bogdan-Martin announced that the ITU would increasingly focus its efforts on addressing the growing risk of collisions between satellites and space debris, including through a cooperative effort with the ESA. Speaking on the issue, the Secretary-General said, "As orbital traffic increases and intensifies, so does the urgency to maintain a safe and also a clean space environment that will protect the trillions of dollars' worth of assets. We do need to prioritize sustainability of our shared space environment and resources, because what is at stake is progress toward bridging the digital divide." More details on the ITU-ESA efforts are likely to be revealed in the coming months in advance of the upcoming WRC-2023 in November.

OECD publishes G20 background paper on "Harnessing 'New Space' for Sustainable Growth of the Space Economy"

On July 6, 2023, the OECD published its latest report on the role and effect of commercial space actors on space technology and exploration in the 'new space' era, releasing the document concurrently with the G20 Space Leaders' Meeting in India. The report "examines the emergence of the 'new space' ecosystem over the last 15 years, its impact on the space sector and society at large and the role of governments in ensuring sustained and sustainable growth of the sector." In particular, it notes that 'new space,' which is "characterized by new commercial players bringing cutting-edge business techniques and funding methods to space activities, has brought disruptive innovation and democratized access to space," but lists two major problems. First, increased use of Earth orbit leads to a more urgent debris problem; second, unlike states, commercial space actors are extremely vulnerable to market trends and economic shocks.

ESA's new plan "aims for the moon."

On June 2, 2023, the ESA held an event about the European role in space exploration in Vienna, during which the agency discussed concrete plans and commitments to catch up with other nations in the realm of human spaceflight. In particular, the conference centered around "the immense international, economic and societal importance of space exploration for Europe." While Europe is a leader in a variety of space technologies, it does not have a robust human spaceflight program. ESA Director Josef Aschbacher warned that "Europe cannot afford to be left behind... Europe must act now to develop its own sovereign access to space, not only for increased autonomy but also to be a stronger partner for international cooperation." The ESA plans to report on its specific strategy at a November space summit in Spain.

UNOOSA publishes its Annual Report 2022

On May 31, 2023, UNOOSA released its Annual Report, which "describe[s] the Office's work in promoting international cooperation for the peaceful use and exploration of space, and in the use of space science and technology for sustainable economic and social development." This year's report included such highlights as the fifty-fifth anniversary of the foundational Outer Space Treaty; a conference co-hosted by Chile on "Governance and legal perspectives on space activities in Earth orbit and beyond;" and UNOOSA's new "Space Law for New Space Actors"project. UNOOSA's acting director wrote in the report's forward that "[f]or space endeavours to thrive, we need a safe, stable, predictable and sustainable space environment... [which means that] multilateralism and international cooperation are the only means forward." The theme of space sustainability is expected to remain a major one in UNOOSA's ongoing governance efforts.

UN Secretary General publishes policy brief on the future of outer space governance

On May 31, 2023, the Secretary-General published a policy brief on outer space governance, the seventh installment in a series of UN briefs to provide background informaon to UN Member States before next year's "Summit of the Future". The document not only promotes exisng UN iniaves in outer space governance but demonstrates the likely direcon and movaon of future UN efforts at space regulaon. In parcular, the brief focuses on "effecve governance... to propel innovaon to achieve the Sustainable Development Goals," as well as on the overall "sustainability, safety and security impacts of these changes [in outer space] on present and future governance." The Secretary General suggests in the brief that "a combinaon of binding and non-binding norms is needed to address emerging risks to outer space," wring that countries' "common interest in preserving the domain of outer space, a province of humankind that benefits us all, requires agile and mul- stakeholder governance responses."

ISO Publishes 12 new space standards

ISO published a variety of space standards in the first half of 2023, including a significant update of space debris mitigation requirements released in May 2023. The new standard, like the previous version, is centered around "reduc[ing] the growth of space debris by ensuring that spacecraft and launch vehicle orbital stages are designed, operated and disposed of in a manner that prevents them from generating debris... [and] to ensure that space objects re-entering the Earth's atmosphere cause no harm." The update now includes greater detail on calculating the probability of collision, depending on the size and orbit of a space object; extensive information on "the need for and potential benefit of reducing orbital lifetime significantly below 25 years in the [low-earth orbit] protected region"; and an exact threshold for the "expected number of casualties during the re-entry of a spacecraft or launch vehicle orbital stage." Also notable are newly published standards for modeling the Earth's magnetospheric magnetic field, project reviews most likely to ensure success of space projects, and requirements for space experiments.

ITU finalizes report on preparatory studies for WRC-2023

On April 6, 2023, ITU member states approved a "major report on the technical, operational, and regulatory materials for the preparation of the World Radiocommunication Conference 2023 (WRC-23)", during which the ITU revises its Radio Regulations, the international treaty on the radio-frequency spectrum, which includes satellite orbits. The report is a "major step in the preparations for WRC-23," whose agenda will consider changes to the "international regulatory framework for geostationary orbit (GSO) and non-geostationary (NGSO) satellites while promoting equitable access for all countries"; improvement of broadband service in remote areas by relying on satellite services; and facilitating cooperation for space-based climate and weather monitoring. WRC-23 will also place a particular emphasis on the ITU's work to "find new and innovative ways to provide broadband connectivity using terrestrial and space-based communication technologies."

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