Assessing the Principle of Equitable Access versus Non-Appropriation in the Era of Mega-Constellations

In the 21st century, mega-constellations and interconnected satellite constellations deployed at various orbital altitudes, such as LEO, MEO, and GEO, with low Earth orbits (LEOs) being the most commonly used, have emerged as a trend, aiming to enhance the productivity and reduce the costs in space service delivery. The UNOOSA has noted the uncertainty in the exact number of satellites but conducted simulations based on a substantial sample, projecting a significant increase from the 2075 satellites recorded in orbit in 2018. This surge in the launch of mega-constellations poses profound challenges to existing international space laws, originally formulated with limited consideration for private space actors, who are increasingly engaging in space activities, particularly with the cost-effective utilization of mega-constellations. This study critically analyzes the compatibility of mega-constellations with the current international space laws by examining the applicability of mega-constellations concerning equitable access and the non-appropriation principle, addressing their potential occupation of substantial orbital spaces during activities, and analyzing whether the acquisition of orbital slot licenses violates these two principles. Following an in-depth analysis, this study proposes recommendations to amend the existing laws, aiming to resolve ambiguities and address emerging challenges. Recognizing the time-consuming process of amending international space laws, this study suggests practical recommendations for supplementary rules of the road, prompting reflection on the potential obsolescence of the current international space laws in the face of evolving space activities.