Starlink, Space Law, and the Legal Challenges of Privatized Space
- WULR Team
- Mar 11
- 4 min read
A new frontier of law
Published March 11 2025
Analysis by Erin Kemper
The emergence of mega-constellations like SpaceX’s Starlink in recent years represents a significant milestone in the privatization of space. Starlink, a network of thousands of low-Earth orbit (LEO) satellites, aims to provide global internet coverage, especially to vulnerable areas (1). While Starlink’s potential to bridge the digital divide is widely praised, the project has also ignited serious legal and regulatory debates. These discussions are reshaping the field of space law, which has long been governed by frameworks that account for only states, not private actors, operating in space.
The backbone of international space law is the Outer Space Treaty (OST) of 1967. Ratified by over 100 nations, the OST sets out key principles for space activities. It establishes that space is the “province of all mankind,” prohibits the appropriation of outer space by any one nation, and mandates that activities in space must be conducted with “due regard” to the interests of others. Importantly, it holds states responsible for both governmental and non-governmental entities operating under their jurisdiction (2).
The Liability Convention of 1972 complements the OST by specifying that states bear liability for damage caused by their space objects, whether on Earth or in space. However, these treaties were drafted when space was the exclusive domain of state actors. They provide limited guidance on how to manage the increasing participation of private companies like SpaceX. The sheer scale of projects like Starlink, recently approved to put 12,000 satellites to eventually have 30,000 in orbit in future years, exposes gaps in the current legal regime, particularly around issues such as orbital debris and environmental impact assessments (3).
One of the most pressing concerns about mega-constellations is the risk of orbital congestion. SpaceX’s Starlink currently accounts for a significant portion of close approaches between satellites in LEO. If a collision occurs, it could trigger a cascade of debris known as the Kessler Syndrome, where the density of objects in orbit leads to increased collisions, rendering parts of LEO unusable (4).
Under the OST, states are required to supervise and authorize space activities conducted by private entities. However, U.S. regulatory bodies like the Federal Communications Commission (FCC) have faced criticism for approving satellite launches without comprehensive environmental assessments. The FCC’s current framework focuses on licensing satellites on a first-come, first-served basis, raising concerns about equitable access to orbital slots and compliance with international obligations. Critically, the OST and related treaties do not explicitly address orbital debris, leaving regulatory bodies to interpret how responsibilities for debris mitigation are managed. While states could be held liable under the Liability Convention for damage caused by debris, proving fault and establishing causality in space is a legal gray area, further complicating enforcement (5).
At the international level, organizations like the International Telecommunication Union (ITU) manage aspects of satellite communication, including the allocation of radio frequencies and orbital positions. However, there are no binding global regulations specifically addressing the environmental or operational risks posed by mega-constellations. This lack of cohesive governance creates a “wild west” scenario in space, where regulatory oversight varies significantly between nations (6).
Some experts have called for updates to existing treaties or the creation of new international agreements that reflect the modern realities of space. These could include mandatory environmental impact assessments (EIAs) for satellite constellations, stricter debris mitigation requirements, and frameworks to ensure equitable access to LEO orbits. Without such measures, the risk of unilateral actions by powerful spacefaring nations could lead to long-term environmental and operational challenges (7).
The privatization of space presents a classic legal challenge: balancing commercial innovation with the protection of a global commons. Mega-constellations like Starlink offer clear economic and social benefits, from improving global connectivity to supporting disaster response. Yet, these benefits come at a cost. The bright reflections from thousands of satellites hinder astronomical research, and the increased risk of collisions threatens the sustainability of LEO (8).
Politically, there is tension between national interests and global cooperation. Countries like the U.S., which are home to leading space companies, may prioritize economic growth and technological leadership. However, the global nature of space demands a cooperative approach. If every nation allows its private entities to launch satellites unchecked, the cumulative impact could be catastrophic for all space users.
Addressing these challenges will require both legal and political innovation. Domestically, countries could strengthen their regulatory frameworks to ensure that private space activities comply with international standards. For instance, the U.S. could expand the scope of the National Environmental Policy Act (NEPA) to include the environmental impacts of space activities, thereby aligning FCC licensing practices with international obligations (9). On the international stage, the development of new multilateral agreements is essential. These agreements could establish universal standards for debris mitigation, impose limits on the brightness of satellites to protect astronomical research, and create mechanisms for dispute resolution in space. Drawing on lessons from other global commons, such as the high seas, space governance could benefit from frameworks that balance national sovereignty with collective responsibility.
The rapid commercialization of space is truly testing the limits of existing space law. While the benefits of these developments are undeniable, the legal and political challenges they present are equally significant. To ensure that space remains a sustainable and accessible resource for all, the international community must act swiftly to update and expand its legal frameworks. Without coordinated action, we risk undermining its potential for future generations.
SpaceX, "Starlink Technology," accessed November 9, 2024, https://www.starlink.com/us/technology.
American Bar Association. "On Clearing Earth’s Orbital Debris." Business Law Today, January 2022. Accessed November 9, 2024. https://www.americanbar.org/groups/business_law/resources/business-law-today/2022-january/on-clearing-earth-s-orbital-debris/.
DIIS. Governing Outer Space: Legal Issues Mounting in the Final Frontier. Danish Institute for International Studies. Accessed November 9, 2024. https://www.diis.dk/en/research/governing-outer-space-legal-issues-mounting-the-final-frontier.
Cambridge University Press. "Mega-constellations and International Law." In Who Owns Outer Space?. Accessed November 9, 2024. https://www.cambridge.org/core/books/who-owns-outer-space/megaconstellations-and-international-law/B7453D99235EB7C62A29C9191087F612
American Bar Association. "On Clearing Earth’s Orbital Debris." Business Law Today, January 2022. Accessed November 9, 2024. https://www.americanbar.org/groups/business_law/resources/business-law-today/2022-january/on-clearing-earth-s-orbital-debris/.
DIIS. Governing Outer Space: Legal Issues Mounting in the Final Frontier. Danish Institute for International Studies. Accessed November 9, 2024. https://www.diis.dk/en/research/governing-outer-space-legal-issues-mounting-the-final-frontier.
Cambridge University Press. "Mega-constellations and International Law." In Who Owns Outer Space?. Accessed November 9, 2024. https://www.cambridge.org/core/books/who-owns-outer-space/megaconstellations-and-international-law/B7453D99235EB7C62A29C9191087F612
DIIS. Governing Outer Space: Legal Issues Mounting in the Final Frontier. Danish Institute for International Studies. Accessed November 9, 2024. https://www.diis.dk/en/research/governing-outer-space-legal-issues-mounting-the-final-frontier.
American Bar Association. "On Clearing Earth’s Orbital Debris." Business Law Today, January 2022. Accessed November 9, 2024. https://www.americanbar.org/groups/business_law/resources/business-law-today/2022-january/on-clearing-earth-s-orbital-debris/.
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