Heading toward a tragedy of the orbital commons
The Outer Space Treaty of 1967 declares space to be the “province of all mankind,” while Article 44 of the ITU Constitution admonishes its member states to bear in mind the limited nature of the Earth orbit resource. In practice, open access to limited orbits is creating a tragedy of the commons, a situation where the pursuit of individual interests impairs or destroys the value of a shared resource.
“We’ve been exploiting orbits — which are categorized as natural resources in outer space — since the Sputnik days, and, as indicated by the huge numbers of debris now threatening future space activities, we’ve not paid sufficient attention to issues of the sustainability of the space environment,” observes Steven Freeland of Western Sydney and Bond Universities, who is also the Chair, Working Group on Legal Aspects of Space Resource Activities, United Nations Committee on the Peaceful Uses of Outer Space. Some 15,000 objects have been put in orbit since the Sputnik era, which has led to an estimated 140 million pieces of orbital debris, only a fraction of which are trackable.
As a result, we face the risk of a Kessler Syndrome event – a fission-like runaway cascade of collisions in space – which only grows as the number of satellites increases exponentially, driven by the placement of tens of thousands of satellites in mega-constellations.
“A runaway cascade of collisions would have devastating economic impacts and could create a debris field making orbits unusable for centuries, potentially limiting our ability to leave the Earth. There have already been a few catastrophic satellite collisions, but so far with limited consequences. With so much junk accumulating up there, a runaway Kessler syndrome could be just another collision away, like the snowflake that causes the avalanche. The stakes just keep getting bigger as we put ever more objects and value in space,” says Duffy.
Other factors contribute to the risk of a Kessler event:
- Lack of international policy on anti-satellite tests
- No central “traffic control” in orbit: Operators must negotiate collision avoidance among themselves.
- Lack of effective debris removal: Technology like lasers, harpoons and nets to deorbit debris are being explored, but remain largely unproven, with policy and incentives lagging.
1. Weaknesses in the US “five-year rule”7 for deorbiting satellites: Many satellites cannot be controlled at end-of-life and atmospheric re-entry can have significant environmental impacts.
- Climate change: By trapping heat, greenhouse gases cause the upper atmosphere to cool and contract. This reduces the drag on old satellites and debris, slowing the rate at which they fall and burn up.8
Space debris causes problems even short of a Kessler event. Astronauts on China’s recent Shenzhou-20 mission delayed their return to Earth after their spacecraft was struck by a small piece of debris.
The crowding of Earth orbit has other sustainability impacts. The ITU also defines radio frequencies as a limited natural resource, one that we are running out of as they are assigned to the growing constellation of satellites along with terrestrial uses. Without an available radio frequency, a satellite cannot communicate.
“The sustainability of frequency spectrum is fundamental because we use it for everything from communications to navigation and climate monitoring. We must leverage this resource without impairing the next generation of people or countries who wish to access space,” says Roser Almenar, member of the ITU Secretary-General’s Youth Advisory Board.
Vast satellite constellations also impose scientific and cultural costs:
- Light pollution: Satellite reflections interfere with taxpayer-funded ground-based astronomy by creating visible streaks in imaging.
- Radio interference: Satellite communications increasingly overwhelm reception of faint signals by radio telescopes. “It’s like we’re listening to the symphony of the heavens and our neighbor has the worst drum and bass playing,” says Duffy.
- Cultural loss: The loss of dark skies affects not only science but also cultural and spiritual practices, especially for Indigenous communities.
Geopolitical stakes: a strategic but potentially destabilizing platform in space
National actors are unconstrained in Earth orbit; at the same time the infrastructure in orbit is as vulnerable as it is essential and extremely valuable.
At least 20 countries have spy or military satellites. The big three – US, China and Russia – have about 500 between them. As terrestrial tensions and competition spill up into space, those assets become potential targets. So do the commercial and civil society satellites that provide critical infrastructures services.
The United States, Russia, China and India all have conducted debris-creating kinetic anti-satellite tests. Australia, France, Japan, Iran, Israel, North Korea, South Korea and the UK are also developing counter space technologies.9
The proposed US Golden Dome anti-ballistic missile defense system would up the ante with a space component involving a large constellation of satellites functioning as both sensors for tracking and, potentially, as missile interceptors. If it were deployed, several countries would likely feel compelled to develop counter capabilities.
The overlap of the growing risk of accidental fragmentation event and of an intentional event threatens to be geopolitically destabilizing. The cause of a debris event that knocks out GPS, communications or observations would likely be difficult to attribute quickly and authoritatively, opening the door to strategic miscalculations influenced by the geopolitical situation on the ground.
Governance: multilateralism needed in a time of multipolarity
When the foundational international space treaties were drafted and signed in the sixties and seventies, their framers couldn’t have foreseen the explosion in the commercial uses of Earth orbit and the private sector’s dominance in the space industry.
Space is governed by the principle that everyone can access it, but this open access is increasingly problematic as congestion and debris risks grow. The US Federal Communications Commission, other national regulators and the International Telecommunication Union control access, but national and commercial interests often override collective responsibility and no court or effective global mechanism exists to police orbital behavior.
With over 100 countries planning to enter space, collaboration and systematic regulation are increasingly important. In addition, there is a growing push for equitable sharing of benefits from space activities, championed by developing countries and the Group of 77.
Current approaches to orbital resource management are unsustainable. “Most solutions are individual and problem-based, lacking a holistic, system-level approach. We need integrated thinking that considers all stakeholders, including governments, private companies, academia and international bodies,” says Vyas.
“We will need to further strengthen a global ‘overview’ approach to the governance of space. This will require that regulators look beyond their traditional national roles to address cause and effect and balance in space. It’s hard to convince countries to broaden the perspectives of their respective national regulators and take a precautionary pause, because space capability development is still primarily thought of in terms of comparative advantage. It’s a major change in thinking but it won’t voluntarily be done by the major space-faring countries without a strong voice from other countries, because they would currently perceive it as not being in their national interest. We have to translate this into a global issue,” says Freeland.
Actions for business and government
- Companies launching or relying on space assets should consider orbital sustainability, debris mitigation and the broader consequences of their activities. Regulatory frameworks are evolving, but businesses should not wait for law to catch up given the stakes – best practices and responsible innovation are needed now.
- Make dependencies visible: Many industries rely on space assets without realizing their potential vulnerability to space-based disruption. Companies should build space into their risk management frameworks to assess their exposure and build resilience, including understanding supply chain dependencies on space-based services.
- Include space in strategic foresight: Companies should conduct scenario analysis and future-back planning to anticipate how space developments could affect their industries over the next five, 10 or 25 years. This includes considering R&D investments and product innovation for future space markets.
- Governments should consider how they can progress multilateral processes to promote the sustainability of Earth orbit even as geopolitical competition heats up. Given the massive potential upsides and downsides, collective action on Earth orbit aligns with the pursuit of self-interest.