Private space race intensifies: Outdated laws spark debate
In 2025, the number of private space missions will increase noticeably. Successes such as Firefly Aerospace's landing on the Moon contrast with setbacks like SpaceX rocket explosions. Regulations from the 1960s and 1970s are struggling to keep up with these developments.
Space is becoming crowded. In the first three months of 2025, more private space missions left Earth's orbit than ever. American Firefly Aerospace successfully landed its Blue Ghost Mission 1 on the Moon, marking the first such achievement for a private company. However, not all attempts have been successful. The spectacular explosions of Elon Musk's Starship rockets in January and March serve as reminders of the inherent risks of these ventures and raise questions about regulations.
Regulations as old as the Cold War
The United Nations' international treaties mainly govern space activities. These include the Outer Space Treaty of 1967, the Liability Convention 1972, and the Moon Agreement 1979. However, these agreements were established during the Cold War, when space exploration was driven by military sensitivities and mainly conducted by states.
Today, private companies play a key role, necessitating updated regulations to prevent turning space into a "Wild West," where tech billionaires and their own companies can act as they please, with little or no accountability, consequences, or respect for the public good.
Commercial missions aim to explore and use space resources, potentially making space more accessible to anyone willing to invest a significant amount of money. Notably, most of the approximately 11,000 active satellites orbiting the Earth are privately owned.
Private spacecraft journeys increasingly combine commercial and national objectives. NASA relies on partnerships with companies to leverage expertise and reduce costs. The European Space Agency, like many of the 77 countries with space programs, follows a similar approach.
What about satellite collisions?
Private companies like SpaceX garner attention and funding, but what happens if something goes wrong? Current regulations do not hold companies directly liable for damages caused in space. The Liability Convention of 1972 mainly applies to states, not private entities. In satellite collisions, the aggrieved party must make claims through diplomatic channels rather than directly against the company. The path to resolving claims can be complex, slow, and subject to diplomatic negotiations.
The Outer Space Treaty requires avoiding contamination of outer space but does not directly address the issue of increasing space debris. The lack of precise definitions and enforcement mechanisms complicates managing this problem.
Exploration and exploitation of the Moon possible soon
We are nearing the point where people will be able to extract resources from celestial bodies. The Moon is in the spotlight, but we still lack international regulations regarding resource ownership beyond Earth. The United States is pursuing private ownership of space resources through the Artemis Accords, which conflicts with the concept of "the common heritage of mankind" from the Moon Agreement.
Space law must evolve to ensure safe and sustainable commercial space travel and Moon exploration. Concerns exist about liability for damages on the Moon, space traffic management, and strengthening oversight over private partners in space missions. Reaching an international consensus should be a priority. Only in this way can disorder in future space explorations be avoided.
