Updated space laws needed for private companies' accountability

theconversation.com

Space laws have not been significantly updated in 50 years, even as private companies increasingly participate in space exploration. This raises concerns about accountability for damage or pollution in space. In early 2025, several private missions occurred, including Firefly Aerospace's successful lunar landing. However, there were failures too, including multiple explosions of SpaceX's Starship rockets. Existing international laws primarily date back to the Cold War and do not address the issues posed by private enterprises entering space. Many space activities are governed by treaties from the United Nations, such as the Outer Space Treaty and the Liability Convention. These treaties were designed when only nations engaged in space exploration, leaving gaps when it comes to private sector accountability. As commercial space travel grows, the risk of satellite collisions also increases. While there are some warnings in place, there is no unified approach to manage these risks. The liability conventions primarily apply to states, not private companies, complicating claims for damages caused by commercial spacecraft. The accumulation of space debris is a growing concern. Current treaties do not specifically tackle this issue, and the vague language used can lead to inadequate preventative measures. Likewise, questions about ownership of lunar resources remain unresolved, as there is no agreed-upon legal framework for resource extraction beyond Earth. Governments like the US are promoting private ownership of space resources, but this conflicts with concepts emphasizing space as a shared heritage. Clear international rules are needed to manage potential conflicts and damages in lunar exploration. As private missions continue, the need for updated space laws becomes clear. Discussions on how to ensure safe and sustainable space travel are essential, including compensation processes and traffic regulation in space. The future of space exploration may hinge on establishing these new rules collaboratively among nations.


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