Shaping Space Governance: Strategic Reflections on Multilateralism, International Law, and the Role of Emerging States

Some commentators warn that space mining, largely unregulated under international law, will inevitably give rise to disputes and perhaps even conflicts. From your perspective, is space mining destined to create friction? Or will states be able to agree on new rules and norms as necessary?

There has been a resurgence in interest in the possible benefits from the future exploration, exploitation, and utilization of the natural resources of the Moon and other celestial bodies. While these “space resource activities” may have benefits, there are also significant risks and challenges. 

This is an endeavour with global implications; it has the propensity to change the way we think of outer space and the place of humanity in the broader environment around us. It also has significant geopolitical implications involving power, competition, prestige, rivalry, and the desire to be the first to undertake such activities. Coupled with this, there are expectations by some that significant financial and commercial benefits will be derived from space resource activities and states seem concerned to protect the interests of themselves and their like-minded partners and private sector participants, particularly those that are at the forefront of technology development. This issue is in some areas seen as another manifestation of a space race.

History has shown that, on Earth, the control of natural resources has often been a focal point for many conflicts. There is always a risk that, notwithstanding the unique legal status of outer space — underpinned by the application to space activities of the “non-appropriation” principle set out within the 1967 Outer Space Treaty, and the 1979 Moon Agreement, as well as the 1945 United Nations Charter — the allure of space resources may give rise to tensions and worse.

Within this context, the international community has come to recognize that governance mechanisms must be developed to ensure that any future space resources activities are to be undertaken in a manner that is safe and sustainable and minimizes the risk of misunderstandings, miscalculations, and conflicts. There is a recognition of the need for multilateral processes within the UN to address these concerns. Many questions need to be factored into these discussions, particularly relating to any future legal model that may be appropriate for the exploration, exploitation, and utilization of space resources.

In moving forward, we also need to carefully consider the potential for a “tragedy of the commons” situation in relation to space resources, just as we are with the problem of increasing space debris. What is really at stake is the future of universal human access to space. A rash move at this point could tip the balance and erode the principles encapsulated in the idea of space as akin to a global common. While there may be considerable benefits to future generations should we find a way to exploit space resources safely and sustainably, there are also considerable risks. These need to be approached very carefully. Cool heads are required, and the key will be international co-operation and agreement on a broad scale. 

As such, this issue is too important and too complex to be undertaken by a small number of private enterprises or countries. A clear set of appropriate rules of the road must be established to safeguard the interests of every stakeholder and address the legal, technical, geopolitical and policy challenges. Countries must work together to establish common standards, guidelines, and mechanisms for regulating space resource activities and ensuring compliance with international law. 

In other words, it is imperative to avoid a situation where different groupings of countries and companies are engaged in such activities under differing rules and operating standards, if we are to minimize the risk of misunderstandings, miscalculations, and worse. The UN Committee on the Peaceful Uses of Outer Space (COPUOS) system of agreement based on multilateralism and consensus is the most appropriate way to facilitate dialogue and promote the peaceful and equitable use of outer space, recognizing also that an atmosphere of competition exists.

The work of the UNCOPUOS Working Group on Legal Aspects of Space Resource Activities is an important part of this process. It is open, transparent, and inclusive and allows all Member States the opportunity to contribute to the development of appropriate governance frameworks. Part of its mandate, agreed by consensus by all Member States, is to: 

"[d]evelop a set of initial recommended principles for such activities, taking into account the need to ensure that they are carried out in accordance with international law and in a safe, sustainable, rational and peaceful manner." (Emphasis added.)

Of course, multilateralism is not perfect — it is highly political and often slow and frustrating. However, with issues such as possible future space resource activities, it is the most desirable process to maximize the benefits and minimize the risks. 

How can international space law deal with the increasing number and capabilities of private actors in space? 

International law, a body of legal rules, norms, and standards, pertains to actions by and among states and other entities legally recognized as international actors (primarily international organizations).  While the mechanisms to enforce international law are limited, most states follow most international law most of the time as a matter of enlightened self-interest. 

Space law is in its infancy.  The need for space law first arose when the Soviet Union flew the first artificial satellite (Sputnik) around the world in 1957 and did so without objection from other nations whose territory was overflown. This act — and the reaction to it — along with a 1963 United Nations General Assembly Resolution created the norms that space is open to all states and all humankind and not subject to claims of national sovereignty.

The initial impetus for the development of an outer space treaty was a desire for peaceful civil space exploration and avoidance of the proliferation of nuclear weapons in Earth’s orbit.  The 1967 Outer Space Treaty (OST) is the Magna Carta of space law. Negotiated under the auspices of the UN Committee on the Peaceful Uses of Outer Space (COPUOS), the OST includes core principles such as that all space activities should be carried out peacefully and that outer space (including the Moon and other celestial bodies) is not subject to claim of sovereignty or national appropriation. Multilateral space law also includes several other treaties negotiated in COPUOS, such as the 1972 Convention on International Liability for Damage Caused by Space Objects, and “soft law” instruments such as the Guidelines for the

Long-term Sustainability of Outer Space Activities, adopted by COPUOS in 2021. (“Soft law” serves as a non-binding understanding that sets standards, fosters co-operation, and guides states in addressing complex global challenges but does not have the binding force of law like treaties, for example.)

In addition, there is significant “hard law,” which is binding under international law and is found at another UN specialized agency, the International Telecommunication Union (ITU). Its constitution (particularly Article 44), convention, and radio regulations include significant components regulating space, specifically the use of radio spectrum — the limited range of electromagnetic frequencies used for communication signals — and orbital slots, or the specific positions in Earth orbit, especially in the geostationary belt, assigned to satellites to avoid interference. Members of the ITU also create soft law instruments such as resolutions and recommendations.   

Actors in space and in organizations for space

For the first two decades of human use, space was the exclusive province of state actors.  Starting in the 1980s, however, various activities in Earth’s orbit were directly undertaken by commercial actors, beginning with communications and broadcasting satellites. Since then, the trend has been towards more commercialized space activities, from remote sensing and launch services to satellite navigation, commercial cargo and human spaceflight, and space tourism. Space is now a big business and one that has fostered many new technologies on which we depend. For the U.S., GPS generated an estimated US$1.4 trillion in economic benefits from the 1980s (when it was made available for civilian and commercial use) to 2017. Commercial satellites are now essential for international and domestic financial transactions, weather forecasting, farming, disaster relief, and, in many places, access to the internet. Some forecast over US$800 billion generated in the space business and over 250 launches in 2025 alone. In this regard, it is key to note that governments are not the sole creators of international law — industry often plays a key role. For example, the origins of modern international law — tied to the law of the sea — came about thanks to Hugo Grotius's 1609 Mare Liberum, which was commissioned by private Dutch shipping interests. 

COPUOS is structured as a committee and subcommittees of Member States, with Observers from expert organizations permitted by Member States to participate in some of the committees’ work. The ITU is structured so that the private sector, scientific entities, and non-governmental entities can play direct roles, including in the studies and negotiations that lead to regulation of spectrum and orbits — even though the final decisions (e.g. amending the radio regulations) are left to governments and are largely made through consensus. Both the ITU and COPUOS permit states to include representatives of the private sector in their national delegations, where these representatives may speak at the head of delegation’s discretion and participate in much of the lower-level (but very important) work. 

Space is becoming more contentious, congested, and crowded. Will states recognize that the economic benefits of co-operation in space outweigh the military advantages?  Can the market regulate the private sector without the need for more international law?  Most private companies want some regulation to level the playing field and provide stability so they can plan better. Technological developments spurred the development of space law; hopefully, its development will continue apace. Optimistically, space law will continue to develop as a combination of state and industry co-operation, diplomacy, international guidelines, other forms of standard-setting, and multilateral, regional and bilateral treaties.

What role should small and emerging spacefaring states play in shaping the governance of lunar activities?

Lunar activities encompass a wide spectrum of opportunities, extending beyond the traditional scope of near-Earth operations. These include exploration; science and research; resource extraction and utilization; infrastructure development; co-ordination of space traffic, both on the surface and in lunar orbit; space debris mitigation; and even human habitation. Each of these opportunities is at a different stage of development, and the degree of engagement varies greatly among international actors — be they states, private industry, or academia. 

Notably, states with more established space programs tend to have greater resources, technical expertise, and political will to push the boundaries of lunar exploration. However, this does not mean that small and emerging spacefaring states should remain on the sidelines as humanity takes its next steps toward the Moon.

Small and emerging states can play several vital roles in shaping the governance of lunar activities. First, they can be inclusive voices reflecting the perspectives of emerging space actors alongside major space powers at international platforms. These states can help set the stage for open dialogue, equitable access, capacity-building, and the development of fair processes that reflect the interests of all.

Second, despite their limited resources, small and emerging states could become niche contributors in areas of interest. For example, a small state might specialize in a particular technology that is vital for lunar operations, such as advanced communications, navigation, or environmental monitoring. Others may provide thought leadership in lunar policy or law, developing innovative legal frameworks or policy insights that help shape fair and future-ready rules for lunar governance. By embracing and investing in these niches, small and emerging states not only position themselves as strategically relevant but also enrich the collective capacity of the international community to govern lunar activities effectively and equitably.

Third, these states must endeavour to be proactive collaborators at relevant platforms, facilitating multilateral cooperation and dialogue among diverse international actors. These could be, for example, the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) Working Group on the Legal Aspects of Space Resource Activities, COPUOS’s Action Team on Lunar Activities Consultation (ATLAC), or regional and country-led lunar initiatives such as the Artemis Accords and the International Lunar Research Station. This role is critical on complex issues such as resource management and governance norms, which can benefit from the advancement of collaborative solutions to meet collective concerns.

As lunar activities accelerate, small and emerging spacefaring states have both the right and the responsibility to shape the rules of the game. By acting as inclusive voices, niche contributors and proactive collaborators, they can help ensure that lunar governance remains inclusive, equitable, and responsive to the needs of humanity — essential factors for building a sustainable and peaceful future on the Moon.

How can India contribute to shaping international space law?

India, with its advanced space capabilities systematically nurtured over the past seven decades, has firmly established itself as a strong presence in the space domain. Its space economy is expected to grow to US$44 billion by 2035. Its developing country status and its rich tradition of advocating for developing nations in global governance makes it uniquely placed to champion inclusive and equitable international space law.

India’s legacy of non-alignment and strategic autonomy provides a strong foundation for leadership in space law. The country played an important role, alongside Chile and Egypt, in advocating for equitable access in the negotiations leading to the 1967 Outer Space Treaty and in embedding the "Common Heritage of (Hu)mankind" principle into the Moon Agreement during negotiations from 1971 to 1979. The Indian Space Policy 2023 reflects this policy position and New Delhi’s commitment to international co-operation, albeit while maintaining its strategic autonomy. India has signed space co-operation agreements with 61 countries and five multilateral bodies, covering satellite remote sensing, navigation, communication, space science, and capacity building.

Strategic Autonomy and Technology Co-operation

A core component of India’s stance vis-à-vis space is a deep-seated skepticism toward international norms developed without its meaningful participation or that appear to be dominated by great power interests. This position is rooted in its historical identity and a principle of strategic autonomy that evolved over time. The country has been hesitant to agree to non-binding political instruments that it perceives as exclusionary. Recent instances include India abstaining from voting on a 2022 U.S.-led UN resolution to ban debris-generating anti-satellite (ASAT) ground-based missile tests and a 2024 resolution on reducing space threats through behavioural norms. 

In security discussions, India has historically aligned more with China than the U.S. in its emphasis on legally binding agreements over voluntary behaviour-based norms. New Delhi has consistently supported the negotiation of a binding treaty on the Prevention of an Arms Race in Outer Space. This standpoint comes from the concern that voluntary norms can be subjective and therefore used to unfairly interpret threats, whereas legally binding instruments provide greater clarity and equity.

India actively frames space technology and co-operation as tools for regional and global development. This is particularly true when it comes to India’s engagement with the Global South. Initiatives like the South Asia Satellite (GSAT-9) launched in 2017 demonstrate its active employment of space technology as an instrument of foreign policy. GSAT-9 now provides public goods like tele-education and disaster management services to neighbouring countries. This model of collaborative space projects is a powerful diplomatic tool that proactively nurtures regional co-operation.

At the 2023 G20 Summit, India proposed a "G20 satellite mission for environment and climate observation" to help countries, especially in the Global South, by sharing climate and weather data. Democratizing access to space is a mainstay of India’s space diplomacy. Finally, India has made itself an appealing partner for developing nations looking to build their own space infrastructure, by offering cost-effective and reliable launch services to them. 

India's unique combination of space capabilities, diplomatic heritage, and Global South advocacy puts it on an enviable pedestal to fundamentally reshape international space law. Moving forward, India should draw upon its non-aligned tradition and commitment to inclusive multilateralism in a more proactive manner and ensure that space governance attends to the collective interests of humanity rather than perpetuating existing power imbalances. Its path forward should involve more sustained engagement in multilateral forums, strategic use of space diplomacy initiatives, and an unwavering commitment to the principle that space exploration should benefit all nations irrespective of their technological capabilities. Finally, India’s approach should be anchored in the inclusive and trust-based values of the Gujral Doctrine, the five-point roadmap that guides India’s regional relations, to ensure that its space engagements advance genuine regional solidarity and shared progress.