Space Sustainability Laws & Regulations 
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Author: Annie Savage

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As new regulations are passed to improve sustainability in the space sector, companies are having to adapt their service offerings and create new solutions. To help us unpack the topic, we invited Dr Jur. Olga Stelmakh-Drescher, the Chief Policy, Legal and Government Relations Officer at Exolaunch, to speak with us on Episode 45 of The Satellite & NewSpace Matters Podcast. Here are the highlights of the conversation. 

What do you think the broader industry can do to improve space sustainability?

I believe we need a strong international engagement and community, and more efficient communication and sharing of best practices. That needs to come not just from leaders in the global arena but equally from policy, opinion and decision-makers. I would probably be seen as provocative for saying this, but it seems that the community needs to start understanding the cases affecting sustainability and space to fully grasp the criticality of this topic and start taking real action. The measures that have been commanded for implementation have to be executed. 

From a legal perspective, how do current space laws and regulations address sustainability concerns?

Sustainability is on the agenda of ministers these days, it’s a very popular topic. There were multiple attempts undertaken by a variety of stakeholders that resulted in a globally binding engagement or commitment. However, the solutions are extremely fragmented and differentiated. There are many good examples of original efforts, like an FCC five-year rule for orbiting satellites or the European initiative to develop a European Union Space Law focusing on safety, sustainability and security. But the question we should ask ourselves is, ‘Was it sufficient?’ Does it ensure the sustainability of the space environment? It’s not just you and I who have to discuss this topic; it needs to be a global engagement. Unfortunately, it stays in the realm of discussions and actions.

Are specific legal frameworks in place to incentivise space companies to prioritise sustainability in their operations?

The specimen ability rating is one such framework, but it’s not a legal one. It focuses on incentivising space companies to prioritise sustainability in their operations. This rating constitutes a tiered support system that takes a series of metrics based on models previously published by government agencies and academic institutions and serves to quantify and measure sustainability-related decisions taken by operators. Points are awarded according to the positive impact on the space environment, and actions resulting in the most sustainable impact received will receive more points. The sustainability rating also considers the design, operation or end of life of a mission. The question now is how we will ensure that more and more actors volunteer or pursue its scoring. I believe that we need more tools like this that incentivize space companies to prioritise sustainability.

What role do international treaties play in promoting space sustainability, and how effective have they been so far?

International treaties create legal grounds for sustainability. Unfortunately, back in the day, the consequences of space activities were neglected, and the entire focus was on the first attempts and tries. It was somewhat of a learning curve, and the law did not reflect the key concerns of that time. Who could have foretold that conducting space activities wouldn’t be a privilege of the few, but instead, launching space objects into space would become routine, and space debris would turn into a growing problem? International treaties need to catch up. 

To hear more from Olga, tune in to Episode 45 of The Satellite & NewSpace Matters Podcast here

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