DLA Piper

Space is no longer just confined to astronauts and States: it now permeates our every-day lives.  If you’re planning to arrive at Space Comm Expo Scotland in a taxi; if you used the internet to sign up to Space Comm Expo Scotland and to access its exciting conference programme on your smart-phone; if you checked what today’s weather was going to be like; if you slept on a memory foam mattress last night – space technology has played an integral part in your day already.

 

Space Comm Expo Scotland is all about pioneering change, building new connections, engaging with thought leaders and getting access to un-paralleled business development opportunities…and that’s exactly what the space sector is.

 

A report by the World Economic Forum, written in collaboration with McKinsey & company, pithily entitled “Space: The $1.8 Trillion Opportunity for Global Economic Growth” discusses the opportunities that space brings for world-wide economic growth.

 

In the UK, the space sector is currently worth over £17.5 billion per year, employing over 48,000 people.  The key drivers of the further predicted growth are set to come from space based and / or enabled technologies, such as communications; positioning; navigation and timing and Earth observation services.

 

However, Space offers more than just a financial return on investment.  Space will play an increasingly vital role in mitigating world challenges, ranging from disaster warning and climate monitoring, to improved humanitarian response. Space-based and satellite technologies already help tackle climate change by monitoring: greenhouse gas emissions; climate patterns; deforestation; land-use; ocean, ice and glacier patterns.  Further, Satellite-based systems have reduced vehicles; carbon dioxide emissions, remote-sensing has made wind turbines more efficient and the information obtained from weather satellites has helped solar cells to produce more energy.

 

The development of technology enhanced by space derived data is set to benefit other industries across the global economy too.  Space technologies drive innovation and provide advanced tools.  Industries such as agriculture, IT, insurance and construction will all benefit from the multi-billion dollar revenue, costs efficiencies and environmental benefits that the developments space enabled technology brings.  This is why investment in space companies has enjoyed an exponential growth with more than $70 billion, an all-time high, having been invested in 2021 and 2022.

 

As the space industry soars, balancing economic growth with environmental protection is becoming increasingly complex.  Governments and companies are required to encourage economic growth whilst at the same time preserve the world’s unique ecosystems: this is a delicate task.  It requires stringent regulations and detailed environmental impact assessments.

 

Space used to be seen as the domain of States and their Governments, however it is becoming increasingly commercialised.  Earlier this year we saw a US private company make a historic landing on the moon.  A mission which has paved the way for a new generation.

 

A decrease in launch costs and ongoing commercial innovation means that more can be done in space than ever before.   Over the last twenty years, the number of satellites launched per year has grown at a rate of 50%, whilst costs have fallen ten-fold.  Lower costs have led to more launches and as many as 60,000 satellites are expected to orbit Earth by 2030 (there are currently around 10,000).  Missions are becoming more novel and innovative, particularly with the assistance of AI and robotics.  As the number of satellites increase, their size has reduced: historically satellites tended to be the size and weight of a car, whereas we now have satellites weighing as little as two AA batteries.

 

However, all of this new activity could lead to the orbital environment becoming congested.  Given the increased risk of debris creation and collisions, the risk profile of future missions is likely to increase.  As a result, operators could become more exposed to liabilities, and could find it more difficult to obtain insurance policies.  This could therefore affect the commercial palatability (and, in the worst-case scenario, viability) of future missions.  With such great opportunity, therefore, comes responsibility. This raises important policy questions regarding how best to ensure opportunities in space can be accessed whilst doing so in a way which is responsible, safe, and sustainable.

 

Cybersecurity in space is crucial as satellites and space infrastructure are increasingly targeted by cyber threats, necessitating robust defence mechanisms to protect critical data and ensure the integrity of space missions.  The developments are fast-paced and technologies are outpacing current legislation.

 

The intersection between commercialisation, sustainability, and space is a fascinating one.  DLA Piper seeks to bring the world, including outer space, closer.  We help our clients navigate these seemingly conflicting requirements from a terrestrial and extra-terrestrial perspective, reducing risk exposure whenever possible and ensuring compliance with the complex legislative landscape where necessary.

 

Over the next few years we’re going to witness: the first woman on the Moon thanks to the Artemis II mission; several Mars missions to further explore the Red Planet; advertising companies use the moon for product placement; the continued expansion of satellite constellations for global internet coverage and earth observation, advancements in commercial space tourism with sub-orbital flights being offered to private individuals.  The sky really is no longer the limit!

 

If you want to learn more about the regulatory landscape of space; space and cybersecurity; the intersection of commercialisation and sustainability and how to get financing to enter the space sector and how to avoid disputes along the way, then join us at Space-Comm Expo and attend DLA Piper’s Space Law Symposium where you’ll learn all about these topics, and more!

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