NewSpace law, regulation and policy refer to the legal and regulatory frameworks that govern the development and use of new technologies and business models in the space industry, including commercial space activities such as satellite launches, space tourism, and lunar and asteroid mining.

NewSpace, also known as commercial space or private space industry, is an emerging field that encompasses the development and use of space-related technologies and services by private sector entities. As NewSpace companies continue to push the boundaries of what is possible in space, legal and regulatory frameworks will be needed to govern the activities that take place within this new frontier. In this article, we’ll explore some of the key legal issues that arise in the NewSpace industry and the implications for businesses and individuals operating within it.

We must realise the benefits of NewSpace activities while protecting the public interest

NewSpace law and regulation

Property rights in NewSpace regulation

One key legal issue in the NewSpace industry is property rights. As private companies begin to explore and extract resources from celestial bodies, questions of property rights and ownership will arise. Currently, the Outer Space Treaty of 1967, ratified by 109 countries, including the United States, prohibits countries from claiming ownership of celestial bodies. However, it does not address the issue of private property rights. As such, there is currently a debate on how to establish property rights in space, and laws and regulations will need to be developed to clarify these issues.

Liability for the damage space objects cause

Another important legal issue in NewSpace is liability. The Convention on International Liability for Damage Caused by Space Objects of 1972 established that countries and companies launching space objects are liable for damage caused by their space objects. However, as the space industry continues to evolve, new legal questions have arisen about liability for accidents involving new space activities such as space tourism and asteroid mining.

Regulatory oversight of NewSpace Law

The Federal Aviation Administration (FAA) currently regulates the launch and reentry of commercial spacecraft in the United States, but as the industry evolves, new regulatory agencies may be needed to oversee new space activities such as lunar and asteroid mining.

Safety is an issue in NewSpace law

As private companies begin to operate in space, questions of safety will arise. The Outer Space Treaty of 1967 established the principle of “the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind” but it does not provide a detailed framework for safety regulation. As such, laws and regulations will need to be developed to establish safety standards for the NewSpace industry.

Cybersecurity in space

As private companies begin to operate in space, questions of cybersecurity will arise. The Outer Space Treaty of 1967 does not provide a detailed framework for cybersecurity regulation. As such, laws and regulations will need to be developed to establish cybersecurity standards for the NewSpace industry.

International governance

As private companies begin to operate in space, questions of international governance will arise. The Outer Space Treaty of 1967 established the principle of “the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind”.

Privacy in Outerspace

Do data privacy laws apply in outer space? This is a question we have asked ourselves and tried to answer.

NewSpace policy

In terms of policy, NewSpace activities raise a number of important issues that need to be addressed. This includes questions about the:

  • allocation of spectrum and orbital resources,
  • protection of heritage sites, and
  • management of space debris.

Additionally, as NewSpace activities are becoming more frequent, there is a need for international cooperation and coordination in order to avoid collisions and other dangerous situations in space.

We must realise the benefits of NewSpace activities while protecting the public interest

In conclusion, the development of new technologies and business models in the space industry is creating new legal and policy challenges. Governments and the private sector will need to work together to ensure that they address these challenges and that the benefits of NewSpace activities can be realised while protecting the public interest. As the space industry continues to evolve, it is important that legal and regulatory frameworks (NewSpace law) keep pace to ensure that NewSpace activities are conducted safely and responsibly. Find out more about space law.

The author generated this text in part with GPT-3, OpenAI’s large-scale language-generation model. Upon generating draft language, the author reviewed, edited, and revised the language to their own liking and takes ultimate responsibility for the content of this publication.