In 2020, more than 1.000 spacecrafts were launched into outer space. The rapidly growing number of satellites in orbit increases the risks of congestion, collisions and debris, in particular with the deployment of mega-constellations. The orbital area is becoming less predictable, rendering tracking, maneuvering and international coordination more complicated. In this context, States, operators, organisations and policymakers recognize the urgent need to establish an efficient, safe and feasible space traffic management (STM) mechanism in order to maintain the long-term sustainability of space activities, and to ensure safe and sustainable exploration of outer space by all actors. The research project aims to explore the existing practice for STM at international and national level. Furthermore, the research will analyse the current legal framework that could support the implementation of ¿space traffic rules¿. In this context, the research will address legally binding and non-binding instruments that already contain some provisions related to management in orbit, including the registration of space objects, data sharing information, avoidance of harmful interference; and how it is possible to adapt them towards an adequate and appropriate system for STM. Lastly, the project will examine the mechanisms for implementation and control by taking into account institutional governance.
The novelty character of this research is the attempt to provide a multilateral, comprehensive approach to space traffic management that would meet the needs of the growing global space economy in terms of safety, predictability and sustainability, by identifying ¿space traffic rules¿.
Compared to the state of the art described above, the research intends in particular to provide some answers about the tools that allow international law to adapt to important changes. It has been highlighted that existing international space law already contained provisions that were of relevance to space traffic management, but to make such management effective, the gaps in the international regulatory frameworks and initiatives would need to be filled. The research also in the light of its temporal limits is certainly not able to provide all the answers that may be required in relation to all the future legal or technical steps for the establishment of an STM system. However, it can first of all frame the question uniformly and identify the main possible solutions to be adopted.
Firstly, it aims to take into account the measures that were being undertaken at both the international and national levels to improve the safety and sustainability of spaceflight, including the implementation of a national space traffic management policy. These aspects can offer in terms of legal evaluation indispensable tools for the establishing of a STM such as the improved multilateral sharing of information on space situational awareness; enhanced international registration procedures; international mechanisms for the notification and coordination of launches, in-orbit manoeuvres and re-entry of space objects; and safety and environmental provisions.
Secondly, it will explore the contributions that so far have been given by the non-legally binding instruments adopted at international level in order to accommodate the traffic management issues requiring regulation, and if this can already be part of future recommendation on the subject. At the same time, starting from the already proposed perspectives of both top-down and bottom-up approach, it will consider pro and contra of the establishment of an STM dedicated institution.