Private space missions soar but outdated laws lag behind
In 2025, we're witnessing a definite surge in the number of private space missions. Successes like Firefly Aerospace's lunar landing contrast with failures such as SpaceX's rocket explosions. Regulations from the '60s and '70s are not keeping pace with these developments.
Space is becoming crowded. In just the first three months of 2025, more private space missions left Earth's orbit than ever before. The American company Firefly Aerospace successfully landed its Blue Ghost Mission 1 on the Moon, marking the first such achievement for a private company. However, not all attempts were successful. The spectacular explosions of Elon Musk's Starship rockets in January and March serve as reminders of the risks associated with these ventures. They also raise questions about regulations.
Regulations as old as the Cold War
Activities in space are mainly regulated by international treaties of the United Nations. These include the Outer Space Treaty of 1967, the Liability Convention of 1972, and the Moon Agreement of 1979. However, these agreements were established during the Cold War, a time when space exploration was shaped by military concerns and conducted mainly by states.
Today, private companies play a key role, requiring updated regulations to prevent space from becoming a kind of "Wild West," where tech billionaires and the companies they own can act unchecked, with little or no accountability, consequences, or respect for the public good.
Commercial missions aim to explore and utilize space resources, bringing the appeal of space closer to anyone willing to invest substantially. Notably, most of the approximately 11,000 active satellites orbiting Earth are privately owned.
Private spacecraft journeys are increasingly combining commercial and national goals. NASA now relies on partnerships with companies to leverage expertise and save costs. The European Space Agency follows suit, along with many of the 77 countries running space programs.
What about satellite collisions?
Private companies like SpaceX attract attention and funding, but what happens when something goes wrong? Current regulations do not hold companies directly liable for damages caused in space. The Liability Convention of 1972 mainly applies to states, not private entities. In the event of satellite collisions, the aggrieved party must seek claims through diplomatic channels, rather than directly against the company. This path to resolution can be complex, slow, and subject to diplomatic negotiations.
The Outer Space Treaty requires avoiding contamination of outer space but does not directly address the growing problem of space debris. The lack of precise definitions and enforcement mechanisms complicates managing this issue.
We're approaching a time when people will be able to extract resources from celestial bodies. The Moon is in the spotlight, but we still lack international regulations regarding resource ownership beyond Earth. The United States is pursuing private ownership of space resources through the "Artemis Accords," which conflicts with the "common heritage of mankind" concept from the Moon Agreement.
Exploration and exploitation of the Moon possible soon
Space law must evolve to ensure safe and sustainable commercial space travel and lunar exploration. Concerns regarding liability for damages on the Moon, space traffic management, and strengthening oversight over private partners in space missions are critical. Reaching an international consensus should be a priority. Only in this way can we avoid chaos in future space explorations.
