The Evolving Landscape of Space Infrastructure: Legal Challenges and Implications

Navigating a New Orbital Order: The Evolving Landscape of Space Law

By Callum Bland and James Hall

Overview

The infrastructure keeping our global economy afloat is increasingly in orbit. Satellite systems now underpin payments, navigation, communications, supply chains, and national security—assets so entrenched in daily life that governments worldwide recognize them as critical national infrastructure. As major powers and commercial players vie for strategic advantage in space, the existing legal frameworks are buckling under pressures they were never designed to withstand.

Three core issues present both commercial and legal implications:

1. A Fracturing Legal Order: The cooperative structure established by the 1967 Outer Space Treaty is fraying, giving way to competing governance models. This introduces legal uncertainty around access to orbital slots, spectrum, satellite data, and future space resources.

2. Control of Space Infrastructure: The essential role of satellites in various sectors raises questions about data continuity and operational resilience, particularly as governments exert control over satellite data citing national security concerns.

3. Sanctions and Export Controls: Heightened sanctions and evolving export control regimes complicate compliance for stakeholders involved in the space sector, amplifying legal and financial risks tied to geopolitics.

A Fracturing Legal Order

On April 1, 2026, NASA’s Orion spacecraft launched a historic mission, marking a new chapter in human space exploration. However, unlike the Cold War era, in which the original space race took shape alongside international treaties, today’s strategic environment sees states and commercial enterprises racing to exploit resources in space. Private investments, commercial launch providers, and technology firms now occupy pivotal roles in national security and economic productivity—forcing legal frameworks to adapt rapidly.

Space as Critical Infrastructure

The integration of satellite systems into the fabric of the global economy highlights their criticality. In 2024, global government spending on space programs hit $135 billion, with $73 billion earmarked for defense. Countries are responding by developing capabilities to contest orbital assets, as seen through recent anti-satellite tests by nations like Russia and China. The emergence of hybrid entities that blur lines between commercial ventures and sovereign capabilities complicates regulatory landscapes, challenging existing legal frameworks.

Governments are actively asserting control over satellite-derived data. For instance, the U.S. suspended access to certain data platforms for Ukraine amidst ongoing conflicts, illustrating the volatility of contractual arrangements that depend on satellite services.

Sanctions and Export Controls

Operating within the crosshairs of international law, the commercial space sector must navigate complex export control regimes and sanctions. Export controls pose significant challenges, as space technologies are often dual-use, having civilian and potential military applications. The evolving legal landscape across various jurisdictions has intensified, with significant updates in export regulations from the U.S., EU, UK, Australia, and Japan.

Sanctions are another layer of complexity, particularly evident in the wake of Russia’s invasion of Ukraine, which disrupted numerous contracts and raised challenging questions of liability.

Emerging Legal Challenges

The next phase of space activity brings unresolved legal issues to the forefront. Space resource extraction lacks a clear framework, leaving operators vulnerable amid diverging national laws. Space debris presents immediate implications, with thousands of pieces currently in orbit and no binding international rules to mitigate risk. The integration of commercial satellites into military operations further complicates legal protections, necessitating urgent adaptation of existing treaties.

Conclusion: Navigating a New Orbital Order

While the UN space treaties once offered a stable foundation for space activities, rising strategic competition and rapid commercial expansion are unriddling that stability. For financiers, insurers, and corporations reliant on satellite-enabled services, understanding compliance with evolving laws has become paramount.

As the Artemis II mission concludes, we stand at a crossroads that could redefine the future of space law and access to orbital resources. The coming decade will be pivotal in determining how these challenges are addressed, shaping the legal infrastructure governing our increasingly interconnected space-faring world.

In navigating this evolving landscape, it is crucial for stakeholders to remain vigilant, adaptable, and proactive, ensuring that they not only survive but thrive in this new orbital order.