Back to the future : space law in a networked world

Space technologies and their ever-growing and innovative practical applications are changing the way humanity functions. This trend towards transformational change and the 'democratisation' of space is expected to extensively penetrate into our everyday lives. Currently, space activities are being undertaken by numerous domestic and international operators, which range from owners of a single satellite to corporations planning to operate large constellations of satellites. These NewSpace activities, while offering unprecedented opportunities to humanity in aiming towards a safe, secure and prosperous world, also pose some unparalleled challenges to the foundational norm and objective of international space law" that the 'exploration and use of outer space shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development'. In this paper, the authors discuss some of these challenges posed by the NewSpace activities, particularly with respect to communications, and propose specific steps to be taken by the international community to maintain and update the international space regulatory framework. Based on three case studies - involving the originally constituted structure of INTELSAT and the current structures of INTERSPUTNIK and ARABSAT, this paper describes the appropriateness of intergovernmental organisations in maintaining the key objective of international space law and thereby achieving progress for the whole of humanity on a long term basis in ever-changing and interconnected global village.