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This article provides an overview of how and why states create national frameworks for space activities through policy, regulation, and the organizations they create to implement it. A policy is a principle or a set of principles used to guide decision-making and actions.
In the context of governments, “public policy” refers to why, how, and to what effect governments pursue particular courses of action or inaction. Public policy decisions often involve weighing the potential positive and negative impacts of competing options. These decisions are further complicated by the participation of many different interest groups and political actors who have competing perspectives in the decision-making process. In conjunction, “public administration” is the implementation of policy through the organization of government bureaucracy, the establishment of programs and institutions, and the day-to-day running of services and activities.
This article draws insights from the “Handbook for New Actors in Space” published by the Secure World Foundation, which provides guidance on developing national space policy and regulatory frameworks. The article is divided into two main sections. The first section focuses on public policy aspects of national frameworks, including various ways space policy can be established; why states put in place national policy; the relationship between space and science, technology, and innovation policy; and the role of international cooperation. The second section focuses on public administration: how countries implement their own national policy and international obligations through regulative and administrative structures.
Establishing National Space Policy
A national space policy provides the high-level rationale, objectives, and principles guiding a country’s space activities. Some key elements typically included in national space policies are:
Rationales and Objectives
Policies outline why a country is pursuing space activities and what it hopes to achieve. Common rationales include:
- Enhancing national security and defense capabilities
- Promoting economic growth and industrial development
- Advancing scientific knowledge and technological capabilities
- Improving government services and operations
- Addressing societal challenges like climate change
Specific objectives may focus on developing certain space capabilities, applications, or industrial sectors.
Guiding Principles
Policies often articulate key principles to guide space activities, such as:
- Compliance with international law and treaties
- Peaceful uses of outer space
- International cooperation
- Environmental protection and space sustainability
- Support for commercial space activities
Government Roles and Responsibilities
Policies define roles and responsibilities for different government agencies involved in space activities. This may include establishing a national space agency or designating lead agencies for different sectors.
International Cooperation
Most policies emphasize international cooperation as a key element, identifying priority partners and areas for collaboration.
Relationship with Private Sector
Policies increasingly address government support and oversight of commercial space activities.
Implementing Space Policy through Regulation and Administration
To implement policy objectives and meet international obligations, countries need to establish regulatory frameworks and administrative structures for space activities. Key elements include:
National Space Legislation
Many countries have enacted national space laws that:
- Establish licensing and authorization processes for space activities
- Create a national registry of space objects
- Set requirements for insurance and liability
- Define regulatory responsibilities of government agencies
Licensing Procedures
Countries typically require licenses or authorizations for activities like:
- Launching space objects
- Operating satellites
- Conducting remote sensing
- Performing other space-related activities
Licensing ensures activities comply with national and international regulations.
National Registry
Countries are obligated to maintain a registry of space objects launched into orbit. This is usually done through a designated government agency.
Frequency Management
Countries must have processes to obtain and manage radio frequencies for satellite communications through the International Telecommunication Union (ITU).
Export Controls
Many countries implement export controls on sensitive space technologies to prevent proliferation. This requires establishing review processes for technology transfers.
Liability and Insurance
Countries often require private operators to obtain insurance and may set liability caps to manage financial risks from space activities.
Space Situational Awareness
Some countries are developing national capabilities to track space objects and manage collision risks.
Remote Sensing Regulation
Remote sensing satellites require special regulatory consideration due to the sensitive nature of high-resolution imagery. Key elements of remote sensing policies and regulations include:
Licensing Requirements
Countries typically require licenses to operate remote sensing satellites and distribute imagery. Licenses may restrict imaging of sensitive sites.
Data Policies
Policies often address:
- Government access to commercial imagery
- Restrictions on distributing imagery of sensitive areas
- Data sharing with other countries
Broader Policy Context
Remote sensing regulations intersect with other policy areas like national security, commercial, and environmental policies.
Case Studies in National Space Policy and Regulation
United Arab Emirates Mars Mission
The UAE’s Mars mission demonstrates how emerging space nations can leverage international partnerships to rapidly develop space capabilities aligned with national development goals. Key elements included:
- Establishing a national space agency
- Partnering with international universities and companies
- Aligning the mission with broader science and technology initiatives
- Using the mission to inspire youth and develop technical workforce
New Zealand’s Space Regulatory Framework
New Zealand established a comprehensive regulatory framework to support its growing commercial space sector. Key features include:
- A national space agency to oversee licensing
- Legislation covering launches, payloads, and high-altitude vehicles
- An online platform for license applications and space traffic management
- Emphasis on safety and environmental protection
US Commercial Space Initiatives
The US has implemented policies and regulations to foster commercial space activities, including:
- Commercial Orbital Transportation Services (COTS) program to develop private cargo delivery to ISS
- Regulatory reforms to streamline licensing of commercial space activities
- Policies to enable new commercial markets like satellite servicing
Emerging Issues in Space Governance
As space activities continue to evolve, countries are grappling with new regulatory challenges:
Space Traffic Management
The growing number of satellites is driving efforts to develop national and international frameworks for space traffic coordination.
Space Resources
Countries are beginning to establish national policies and regulations regarding the use of space resources (like lunar mining), in the absence of comprehensive international rules.
Commercial Human Spaceflight
The emergence of commercial human spaceflight is prompting countries to develop appropriate safety regulations and liability regimes.
Environmental Impacts
Growing concerns about the environmental impacts of intensive space activities (like large satellite constellations) may drive new national and international regulations.
Cislunar Activities
As countries and companies pursue lunar and cislunar activities, new governance frameworks may be needed to manage these operations.
In-Space Manufacturing and Assembly
The development of capabilities to manufacture and assemble large structures in space may require new regulatory approaches.
Planetary Protection
As more countries pursue missions to other celestial bodies, national policies may need to address planetary protection to prevent contamination.
Space Debris Remediation
The increasing amount of space debris may drive countries to develop policies and regulations for active debris removal.
Spectrum Management
The growth of satellite mega-constellations is creating challenges for spectrum allocation and management that may require new national and international approaches.
Space-Based Solar Power
As space-based solar power concepts advance, countries may need to develop policies and regulations to enable and manage these systems.
Role of Space in Science, Technology, and Innovation Policy
Space activities are often closely tied to broader national policies on science, technology, and innovation (STI). There are several important linkages to consider:
Driver of Innovation
Space programs can drive innovation in areas like materials science, miniaturization, remote sensing, and communications that have applications in other sectors. National STI policies may position space as a key driver of broader technological advancement.
Workforce Development
Developing domestic space capabilities requires a skilled STEM workforce. Space initiatives are often tied to broader STEM education efforts to develop human capital for high-tech industries.
R&D Investment
Space often represents a significant portion of government R&D budgets. STI policies may prioritize space-related research areas or use space as a domain for testing new technologies.
Technology Transfer
Many countries have policies and programs to transfer space technologies to terrestrial applications, spurring innovation in other sectors. This helps maximize the returns on space investments.
International Collaboration
Space science and technology collaborations are often an element of international STI cooperation agreements. They can serve as a mechanism for knowledge exchange and relationship building.
Innovation Clusters
Some regions develop space industry clusters, bringing together research institutions, startups, and established companies. These may be promoted as part of broader innovation ecosystem development.
Emerging Technology Integration
As new technologies like AI, quantum computing, and advanced manufacturing emerge, space programs often serve as early adopters and test beds. STI policies may emphasize integrating these technologies into space systems.
When developing space policies, it’s important to consider how they align with and support broader national STI objectives around economic competitiveness, workforce development, and technological leadership.
International Cooperation
International cooperation is a key element of most national space policies. Cooperation can take many forms, including:
Bilateral Agreements
Countries often establish government-to-government agreements for cooperation on specific projects or broader collaboration.
Multilateral Initiatives
Participating in multilateral space projects and organizations like the International Space Station or the Square Kilometre Array.
Regional Cooperation
Some regions have established dedicated space cooperation mechanisms, like the Asia-Pacific Regional Space Agency Forum or the African Space Agency.
Commercial Partnerships
Policies may encourage international commercial partnerships to access capabilities or markets.
Scientific Collaboration
Participating in international scientific missions and sharing data/resources.
Capacity Building
More established space nations often have programs to help build space capabilities in emerging space countries.
There are several rationales for emphasizing international cooperation in space policy:
Cost/Risk Sharing
Space projects are often expensive and risky. Cooperation allows countries to share costs and risks.
Access to Capabilities
Cooperation can provide access to capabilities a country may not have domestically.
Diplomatic Tool
Space cooperation can be used as a diplomatic tool to strengthen international relationships.
Global Challenges
Many space applications (Earth observation, disaster management, etc.) inherently require international cooperation to be most effective.
Sustainability
Ensuring the long-term sustainability of the space environment requires international coordination.
Legal Obligations
The Outer Space Treaty encourages international cooperation in space.
When developing policies around international cooperation, countries must balance the benefits with considerations around technology transfer, national security, and maintaining key domestic capabilities.
Case Study: Lunar Governance Initiatives
As countries and companies pursue lunar exploration and potential resource utilization, new governance frameworks are being developed to manage these activities. Two major initiatives that have emerged are:
Artemis Accords
Led by the United States, the Artemis Accords are a set of principles for cooperation in civil exploration and use of the Moon, Mars, comets, and asteroids for peaceful purposes. Key principles include:
- Peaceful purposes
- Transparency
- Interoperability of systems
- Emergency assistance
- Registration of space objects
- Release of scientific data
- Protecting heritage sites
- Space resources extraction and utilization
- Deconfliction of activities
- Orbital debris mitigation
As of October 2024, 45 countries have signed the Accords. While non-binding, they represent an effort to establish norms of behavior for lunar activities.
International Lunar Research Station
China and Russia are leading an initiative to establish an International Lunar Research Station (ILRS). The ILRS concept envisions a long-term robotic and eventually crewed presence on the lunar surface for scientific research and technology demonstration. Key elements include:
- Lunar orbiting station
- Landing and ascent vehicles
- Long-range surface transportation
- In-situ resource utilization facilities
- Power and communications systems
Several countries have expressed interest in participating in the ILRS initiative.
These parallel initiatives highlight the complex geopolitical dynamics surrounding lunar exploration and the need for new governance approaches. Countries developing lunar exploration plans will need to consider how they engage with these emerging frameworks.
Export Control and Technology Transfer
Space technology often has dual-use potential for both civilian and military applications. As a result, many countries put in place export control regimes to prevent the proliferation of sensitive space technologies. Key considerations in developing space-related export control policies include:
Balancing Security and Commerce
Overly restrictive policies can hamper commercial competitiveness, while overly permissive policies may create security risks. Finding the right balance is critical.
International Regimes
Many countries participate in multilateral export control regimes like the Wassenaar Arrangement or the Missile Technology Control Regime (MTCR). National policies need to align with these commitments.
Deemed Exports
Policies often cover not just physical exports but also the transfer of technical knowledge to foreign nationals, including within a country’s own borders.
Evolving Technology
As space technology rapidly advances, export control lists need to be regularly updated. Emerging areas like in-space manufacturing and satellite servicing pose new challenges.
Supply Chain Globalization
The increasingly global nature of space industry supply chains complicates national-level export controls.
Commercial Off-The-Shelf (COTS)
The growing use of commercial off-the-shelf components in space systems blurs lines between controlled and uncontrolled technologies.
Technology Transfer Mechanisms
Policies may define approved mechanisms for controlled technology transfers, such as Technical Assistance Agreements.
Penalties
Export control policies typically define civil and criminal penalties for violations.
When developing export control policies, countries must consider how to protect sensitive technologies while still enabling international cooperation and commercial competitiveness. Many countries are working to streamline and modernize their space-related export control regimes to better balance these priorities.
Government Relationship with the Private Sector
As the commercial space sector grows, the government-industry relationship is evolving in many countries. Key policy considerations include:
Regulatory Frameworks
Developing appropriate licensing and regulatory regimes for private space activities like commercial launch, satellite operations, and space resource utilization.
Government as Customer
Policies around government procurement of commercial space services and public-private partnerships.
R&D Support
Government funding and facilities to support private sector space R&D and commercialization of technologies.
Export Promotion
Policies and programs to help domestic space companies compete in global markets.
Liability and Insurance
Approaches to managing liability for private space activities and requirements for insurance.
Spectrum Allocation
Policies for allocating and licensing radio spectrum for commercial space uses.
Technology Transfer
Mechanisms for transferring government-developed space technologies to the private sector.
Competition Policy
Ensuring fair competition in the space sector, including policies on mergers and acquisitions.
Many countries are working to create more supportive policy environments for private space activities while still maintaining appropriate oversight. This can include streamlining regulations, providing more flexibility in licensing, and creating incentives for private investment in space.
Summary
Developing a comprehensive national framework for space activities is a complex but essential task for countries seeking to engage in or expand their space sectors. Key elements include establishing high-level policy to articulate national objectives, enacting legislation and regulations to implement policy goals and meet international obligations, and creating administrative structures to oversee space activities. As the space domain continues to evolve, countries will need to regularly review and update their frameworks to address emerging opportunities and challenges.
The “Handbook for New Actors in Space” provides valuable guidance for countries developing their national space frameworks. It emphasizes the importance of aligning national policies and regulations with international obligations while tailoring approaches to specific national contexts and priorities. By carefully considering the elements outlined in this article and details in the Handbook, countries can establish robust frameworks to support safe, responsible, and sustainable national space activities.
