M.A.

(Space and Telecommunication Laws)

CHALLENGES IN REGULATING EVER-CHANGING TECHNOLOGIES: A

CRITICAL STUDY

By
Amardeep Singh
Roll No./I.D. No MASTL01_21
Year: 1 Semester: 1

GENERAL PRINCIPLES OF LAW

27-01-2021

NALSAR UNIVERSITY OF LAW

HYDERABAD
SUBJECT: GENRAL PRINCIPLES OF LAW

Name of Author: AMARDEEP SINGH

ID No.: MASTL01_21

Semester – I, Year – 1

Name of topic: CHALLENGES IN REGULATING EVER-CHANGING TECHNOLOGIES:

A CRITICAL STUDY

DRAFT PROPOSAL

INTRODUCTION

Although the spectacular progress in Space Technologies slowed down toward the end of the
past century, together with that of the whole Aerospace sector, very important achievements
continued to be made. These include the development of the International Space Station and
the robotic exploration of other planets and celestial bodies, including landing on a comet!
Through the years, space has often been identified as the new frontier, fueling the
imagination of writers and film directors, who created visions (more or less plausible) of a
future enabled by fantastic developments in Space Technologies. 1 However, consistent with
what history has shown us, is the fact that, after an initial phase of “exploration” of a new
environment and consolidation of the relevant technologies, what follows is an explosion of
businesses to exploit the new opportunities offered by the new environment. This is where we
are today. Sometimes called Space 4.0, we are in a period that has seen a shift of paradigms,
with changes of motivations, actors, and, indeed, technologies.2

STATEMENT OF PROBLEM

The challenge here consists in the creation of a whole artificial environment to support
people's well-being and physical and mental health, with means protecting against the
negative effects of the space environment. Whether we are considering a man-made vessel
for long distance space travel or a space platform for large-scale human inhabitation or a
planetary colony, some challenges overlap. These overlapping challenges include the need to

1
By Guglielmo S. Aglietti, Department of Mechanical Engineering, The University of Auckland, Auckland, New
Zealand, Current Challenges and Opportunities for Space Technologies, (December 14, 2021, 04:15 P.M.).
https://www.frontiersin.org/articles/10.3389/frspt.2020.00001/full
2
PWC Report (2019). Main Trends and Challenges in the Space Sector. Available online
at: https://www.pwc.fr/fr/assets/files/pdf/2019/06/fr-pwc-main-trends-and-challenges-in-~the-space-
sector.pdf
create efficient closed loop systems to replenish resources and minimize waste, with the
common goal to generate an artificial ecosystem for the long-term support of human life.

RESEARCH QUESTIONS

1. What is Technology and Space Technology?

2. What is the Nature and scope of the Space Technology?
3. What are the Current Challenges in regulating Space Technologies in the context of
the present global scenario?

HYPOTHESIS

The rise of innovations and the multiple structures of everyday patent creations in the
everyday field of the science is giving rise to newer challenges and setting parameters for the
developing nations. It is hypothesised that the current wave of new technologies for space is
making it difficult to meet with the upcoming catastrophic challenges of the future.

RESEARCH METHODOLOGY

The researcher followed the doctrinal method for the purpose of this paper. For this paper, the
researcher uses the conceptual-analysis method. The researcher relied on the primary sources
of Various space related treaties such as Moon agreement 1979, United general assembly
resolutions and secondary sources of Books, web pages of various space related websites and
government and various websites of organisations of international repute.

TENTATIVE CHAPTERIZATION

The following is the chapterization of the paper:

I. Introduction
The above is the tentative introduction.

II. Concept .
The Nature and Scope of the technologies are included in this chapter.

III. Changing technologies and regulations.

This chapter consists of the changes in technology and difficulty in regulating it from time to
time.

IV. Conclusion and suggestions.

 CHAPTER- II
CONCEPT

The concept of ever evolving technologies consists of various innovations from the greatest
and the most intelligent species on this planet earth i.e, humans. These could be applications
of space data(from precision navigation/ agriculture, surveillance, to earth environment
monitoring, etc.), and could also be the most desired fantasies of travelling through outer
space by the common man. Many courageous people like Elon Musk in the US and Richard
Branson in UK have been trying to enter the “space” arena through their constant
perseverance and efforts. However, such constant efforts might have also been delining the
atmosphere of outer earth orbits and it might have been becoming constantly contributing to
the unnecessary space debris floating around the earth’s axis. Let us therefore take a look at
how space technologies have been developing and changing the world scenario at large.

Rapid technological change and bottlenecks in space science and technology:

Recent technological developments:

New technological developments have been subtracting the per capita required on the space
science and technology. The excessive use of the computers sets, the large storage of data
factory clouds have been making it possible to collect data from satellite imagery for various
governance purpose and for the betterment of human kind. Aerial Platforms like drones have
been serving the role of a complementary role to satellite based earth observation. And
crowdsourcing is expanding the collaboration opportunities between citizens and space
agencies, programs, and initiatives in both developed and least developing countries to fill
data gaps for a range of applications (e.g., weather, climate change, air quality monitoring,
and vector-borne disease monitoring).

Hindrances to the use of the Space Technologies:

Even though the cost expenditure has been decreasing down to a one of the lowest till now on
space sector, there are certain hurdles that stalls their applications in certain fields. These
could include , lack of financial resources to develop space programs especially for
developing nations and under developed nations. These could also include the innovation gap
between the third world countries and the other countries. The lack of education in certain
parts of the world has been a major news to lack of the technology, let alone space
technology. Then others might include certain geographical restraints for investing in space
technologies. Also the some risks of using space technologies to spy on other nations can
never be discarded. Therefore there is a growing need to put create more and more reasonable
regulations which can serve the need of the hour.
 CHAPTER- III
CHANGING TECHNOLOGIES AND REGULATIONS

The ever and annon need of the human being to change according to the current changing
technologies is a hard truth but an inevitable fact of the society. The Latest trends suggest that
the human change according to the current technological aids and uses and in turn there
becomes a growing need of new and necessary policy regulations to curb the any short
comings which the planet might face later due to emerging disputes as well. Be it the
commercial sector, the governmental administration or the daily personal living, rules are a
necessary part of a civil society which not only slows down any friction in the society but
also shows the way to move towards a better version of themselves. Speaking of such new
technologies in space, one wonders as to what next is about to come which would again
bewilder and mesmerize the human mind as did the Manhattan project of the US once or the
first space travel of the famous Yuri Gagrin. Let us look into the current global scenarios of
space technologies which have been taking the world by storm and contributing to the outer
space innovations and then we shall later on discuss its impact to the surviving factors around
it and then towards the possible solutions if any.

Space Technologies:

Propulsion Systems:

Coming now to the more technical challenges, propulsion systems performance is a

significant hurdle to overcome in the space sector. Starting with the launch vehicles, their
capabilities (broadly speaking, payload size, and thrust) have essentially plateaued, as only
relatively minor incremental progress has been made in the last decades. Although, materials
have improved with the introduction of composites with mechanical properties far superior to
the typical alloys that were used at the beginning of the space age. Design and manufacturing
techniques have also improved, with progress in software simulation enabled by the
extraordinary growth of computer power, or new manufacturing methods such as additive
manufacturing. Guidance and control systems have also improved thanks to advances in
electronics and software. However, besides the push toward green propellants, nothing
substantial has changed with the solid or liquid propellants performance and related
technologies, which are key to overall launcher capability. Reusable launchers are being used
by a few companies in order to reduce costs or increase launch frequencies, and it is
undeniable that costs have slowly come down, although this is largely due to combinations of
countries’ policies and market forces, but truly economic access to space is yet to be
achieved. On a longer timescale, the challenge is to develop and implement technologies,
such as hypersonic air breathing rocket engines3, to be used in hybrid launchers to cut the
need for large amounts of oxygen that have to be carried by current vehicles. Launch vehicles
that could take off and land as aircraft, without the need for extensive and expensive service
between missions, should also be developed. Similarly, in space propulsion offers
opportunities for improvement, in particular on Electric propulsion systems, which are also
hybrid systems that would utilize different modes of operation. Similarly, propulsion systems
performance limits our exploration and exploitation capabilities (also for robotic activities) as
it is a significant limitation to the mass of payload that can be safely transported to/from other
celestial bodies.

Protection of Humans:

Another great aspiration of the human mind is to be able to adapt and live in the space
environment or on other planets if needed. For this we shall need artificial edifices and
structures that create a same dimension as that of space. Such man made environment is
supposed to support the physical and mental health and to protect against the negative effects
of such environment on the human body and the mind. These overlapping challenges include
the need to create efficient closed loop systems to replenish resources and minimize waste,
with the common goal to generate an artificial ecosystem for the long-term support of human
life. 4 While this may seem a brilliant idea at first but there are hindrances to it which need to
be dealt it. For eg. How do we deal with asteroids or smaller objects that hits the earths
environment. The smaller objects often get burnt up in the atmosphere whilst the larger
objects might affect the places where it crashes. Similarly considering there is a intelligently
built ecosystem by the humans which covers the species from one end amid floating in the
space, at the same time such space objects like asteroids and others shall always be a major
concern for human lie on space. Thus the ESA Asteroid impact mission(AIM) and Nasa
Double Asteroid Redirection Test(DART), and United Nations have been initiating small
processes from time to time so that we do not suffer the catastrophic threats from space
environment. Therefore technologies that can divert objects of enormous sizes need to
developed to the extent that we are confident enough that such innovative structures can be
trusted with human lives and resources in space.

3
https://en.wikipedia.org/wiki/SABRE_(rocket_engine)
4
https://www.nasa.gov/content/life-support-systems
Large Space Structures:

On the technical advancement front, one of the major desires of the governments is to create
large space structures. However the progress has rather been very slow on this end. There are
different reasons for this such as one being telescopes which are larger than ten meters to be
deployed in space. Other factor that comes into being is the heavy cost burdens it will put on
any company or government which would be overbearing because there are no returns on
such investments in the current scenario. However companies like Tesla have been trying to
succeed on this front and are still to discover the possibilities of sending such large structures
to space but unless there is an inter governmental coordination on this front in terms of
capital and cooperation, such a big task in the name of the earth’s future is of no use.

In-Orbit Servicing and Active Debris Removal:

Another technical opportunities involve the robotic innovations and technology which might
help in servicing and potential repairing of satellites and would eventually help in removing
debris from our space orbit. This is not the first time that such a technology would be used.
This has happened in the past on various occasions such as the shuttle launch of 1993 which
was used for major repairs and service to the hubble space telescope. However we here are
talking about the robotic technology which can be used to further such a cause while suing
only fraction of capital on these types of missions. However methods to safely launch such
systems to space stably are yet to be developed and is a continuous work in progress. But this
idea of removing space debris from earth’s orbit still seems like a far fetched idea and in
reality is still a utopian vision.
 CHAPTER- IV
CONCLUSIONS AND SUGGESTIONS

Conclusion:

At the end , the author concludes in stating that with newer technologies in space
advancement and research, there are greater challenges to be faced by the people of this earth
and thereby, there arises a need of newer strategies and newer policies at the governmental
and non governmental level.

Suggestions:

Policies and strategies:

Harness scientific research and technology applications in space to build capabilities,

improve infrastructure, and increase public awareness:

Space already benefits all countries as they use satellite services let it be in the form of
communications, remote sensing, positioning or space science (Wood, 2012). But as we
move up on the steps of the pyramid, fewer countries invest in owning satellite hardware,
build local space expertise or build and operate satellites. The promotion of national space
policies is highly dependent on the socioeconomic and political context of countries.
Governments in developing countries may have different motivations and limitations to
engage at different levels of space related activities.

Collaborate with technical and academic communities and the civil society to drive
progress on the SDGs :

Every country’s unique socioeconomic and political situation shapes the development of
national policies on space and geospatial applications. In many cases, it is experts in
downstream applications that organize in informal groups that ultimately convince
governments of the need for a national spatial data infrastructure (NSDI), geo-information,
and other space-related policies. Some countries, like the Lao People's Democratic Republic,
do not have a forum within which geospatial practitioners can discuss space technologies
with their managers or politicians. Responding to this gap, Lao NGUM (National Geographic
Utilization and Management) was formed. In Nepal, its GIS society provided capacity-
building in remote sensing as well as promoted policies on its national spatial data
infrastructure.5However, because of the frequent turnover of political administrations within
the country, building an infrastructure to consistently educate politicians on the importance
and use of geospatial technologies for development has been a challenge. In Bhutan, its
science-driven virtual GIS platform created a geospatial information structure without official
government support. The informal platforms of geospatial experts in these countries many
times drive the creation of NSDI, space policy, and geo-information policies that are
eventually adopted by government. One exception is Sri Lanka and its Disaster Management
Center, where government drove efforts to develop geospatial and NSDI policies.6

Promote regional awareness and consensus building on space for sustainable

development:

Regional cooperation mechanisms can support the development of regional space policies,
spatial data infrastructures, and political consensus building for space-focused development
initiatives. In 2016, the African Union Heads of State and Government during their Twenty-
Sixth Ordinary Session on 31 January 2016 in Addis Ababa adopted the African Space Policy
and Strategy as the first of the concrete steps towards realizing an African Outer Space
Programme that was identified as one of the flagship programmes of the AU Agenda 2063. 7
Furthermore, through the international steering committee of the African Geodetic Reference
Frame project, the United Nations Economic Commission for Africa has continued to
develop a unified geodetic reference frame to contribute to the harmonization of geographic
data and statistics in Africa (UNGA 2016, UNGA 2018).

In 2018, the Asia-Pacific Plan of Action on Space Applications for Sustainable Development
(2018-2030) was adopted at the third Ministerial Conference on Space Applications for
Sustainable Development in Asia and the Pacific. This outcome document represents the
collective commitment to scale up the use of space technology and geospatial information
applications in the region and will guide participating countries and organizations on policy

5
See: https://www.negiss.org.np/.
6
See: http://www.dmc.gov.lk/index.php?lang=en.
7
The two policy goals are “To create a well-coordinated and integrated African space programme that is
responsive to the social, economic, political and environmental needs of the continent, as well as being globally
competitive…” and “To develop a regulatory framework that supports an African space programme and ensures
that Africa is a responsible and peaceful user of outer space.” More information on the African Space Policy and
Strategy, respectively, can be found here: https://au.int/sites/default/files/newsevents/workingdocuments/33178-
wd-african_space_policy_-_st20444_e_original.pdf;
https://au.int/sites/default/files/newsevents/workingdocuments/33178-wd-african_space_strategy_-
_st20445_e_original.pdf.
actions and interventions to support the delivery of ESCAP’s Regional Road Map for the
Implementation of the 2030 Agenda.8

Encourage regional space activities to support research and development, capacity-

building, and data sharing:

Several regions have extensive collaboration on technical and capacity-building initiatives to

support space for the SDGs. In Latin America, there is some international collaboration in
space technologies in the region, mainly led by Argentina, Brazil, Chile and more recently
Mexico. These collaborations are often with more capable space nations in the form of
bilateral arrangements, to build satellites and rockets, use launch facilities, or provide ground
support (Gocłowska-Bolek, 2017; Sarli et al., 2018; Wood, 2012). For example, Argentina,
who has a long history of space-related scientific activities, worked with US, Brazilian and
European organizations on its scientific and EO satellites. Brazil, the other South American
country with large investments in its space program, worked with China on the China-Brazil
Earth Resources Satellite, as well as with the Russian Federation and Ukraine on rocket
projects. Chile worked with European organizations to build remote sensing satellites. As
Chile is also hosting astronomical observatories for other nations, the country is exploring
opportunities to use this privileged position to develop capabilities in big data analysis and
artificial intelligence capacities (UNCTAD, 2019b).

Invest in multilateral mechanisms and platforms for sharing EO data assets:

Countries can continue to invest in multilateral mechanisms for the effective sharing of EO
data, digital assets (e.g., models, machine learning models), and derived geospatial products.
These mechanisms can be supported by international charters or agencies, regional platforms,
and national governments and their respective space agencies. An example of a worldwide
collaboration through which satellite data are made available for the benefit of disaster
management is the International Charter on “Space and Major Disasters.”

BIBLIOGRAPHY

8
Contribution from ESCAP. For more information: https://www.unescap.org/resources/asia-pacific-plan-
action-space-applications-sustainable-development-20182030
1. Aglietti,G. S., Taylor, B., Fellowes, S., Salmon, T., Retat, I.,Hall, A., et al. (2020).
The active space debris removal mission RemoveDebris. Part 2: in orbit operations.
2. Acta Astron. 168, 310–32. doi: 10.1016/j.actaastro.2019.09.001
3. Brünner, C., Königsberger, G., Mayer, H., and Rinner, A. (eds.) (2018). Satellite-
Based Earth Observation Trends and Challenges for Economy and Society. Springer.
Gohardani, A. S., Stanojev, J., Demairé, A., Anflo, K., Persson, M., Wingborg, N., et
al. (2014). Green space propulsion: opportunities and prospects. Prog.
4. Aerosp. Sci. 71, 128–149. doi: 10.1016/j.paerosci.2014.08.001 Grimm, D. (2019).
Guest edited collection: gravitational biology and space medicine. Sci. Rep. 9:14399.
doi: 10.1038/s41598-019-51231-8
5. Hall, M. (2020). Space Philosophies: Who, How, What?. Space Daily. Available
online at:
https://www.spacedaily.com/reports/NewSpace_Philosophies_Who_How_What_999.
html
6. Hodkinson, P. D., Anderton, R. A., Posselt, B. N., and Fong, K. J. (2017). An
overview of space medicine. Br. J. Anaesth. 119, i143–i153. doi: 10.1093/bja/aex336
7. ITU (2012). Regulation of Global Broadband Satellite Communications. Available
online at:
http://www.itu.int/ITU-D/treg/broadband/ITUBB~Reports_RegulationBroadbandSate
llite.pdf
8. Lal, B., Balakrishnan, A., Caldwell, B. M., Buenconsejo, R. S., and Carioscia, S. A.
(2018). Global Trends in Space Situational Awareness (SSA) and Space Traffic
Management (STM). IDA Document D-9074 Science & Technology Policy Institute.
9. Levchenko, I., Xu, S., Mazouffre, S., Lev, D., Pedrini, D., Goebel, D., Garrigues, L.,
et al. (2020). Perspectives, frontiers, and new horizons for plasmabased space electric
propulsion editors-pick. Phys. Plasmas 27:020601. doi: 10.1063/1.5109141
10. Liao, S., Yong, H., Liu, C., Shentu, G.-L., Li, D-D., Lin, J., et al. (2017).
11. Long-distance free-space quantum key distribution in daylight towards intersatellite
communication. Nature Photon 11, 509–513. doi: 10.1038/nphoton. 2017.116
12. Morozova, E., and Vasyanin, Y. (2019). International Space Law and Satellite
Telecommunications. Oxford Research Encyclopedia of Planetary Science.