Strategic Competition Implications for Commercial Space Operations

Authors

Edwin C. Kisiel Maj, false

Abstract

The re-emergence of long-term strategic competition between near-peer competing nations, and the growing congestion of satellites in orbit, coincide to increase the likelihood of disruptive "grey zone" activities in space, falling short of war. With the growing prevalence of commercial satellites, the threat of disruptive activities affects commercial interests in addition to government space missions. The current system of space law provides little protection for commercial actors in space from the effects of disruptive activities. This article analyzes approaches taken by domestic environmental law to provide solutions to better protect commercial interests in space. These solutions include government agency environmental review for proposed commercial space operations, expanding insurance requirements for commercial space operations, and providing liability protection for on-orbit debris mediation services. The article analyzes the economic sanctions to enforce international space treaties in the absence of effective compulsory measures. These domestic law approaches should provide better protection for commercial interests in space despite the rising likelihood of aggressive activities in this new era of strategic competition.

Recommended Citation

Edwin C. Kisiel, Strategic Competition Implications for Commercial Space Operations, 51 DENV. J. INT'l L. & POL'y 41 (2022).