Ahead of print articles
SMD N°01 – 2025
EDITORIAL: SPACE SUSTAINABILITY IN AN UNSUSTAINABLEWORLD
L. Rapp
SMD. 2025;(1):3-6
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OPEN ACCESSSPACE SUSTAINABILITY AS A GLOBAL CHALLENGE; THE KESSLER APOCALYPSE – QUESTIONING THE ADEQUACY OF INTERNATIONAL SPACE LAW TO REGULATE SPACE DEBRIS
I. WOOD
SMD. 2025;(1):7-8
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OPEN ACCESSLEGAL FRAMEWORKS FOR SPACE-MADE PRODUCTS: ADDRESSING JURISDICTION, LIABILITY AND LONG-TERM SUSTAINABILITY IN OUTER SPACE
A. Kardamaki
SMD. 2025;(1):9-16
Show summaryHide summarySpace exploration increasingly focuses on utilising space resources for various purposes, including scientific research and commercial ventures. However, the legal framework governing space activities predominantly addresses objects launched from Earth into outer space, raising questions about the classification of products manufactured in space and the identification of launching States. That is highly relevant to ensuring the long-term sustainability of space activities, considering that the lack of clarity means uncertainty in determining jurisdiction and the application of any national legislation, and further impedes the enforcement of accountability and the encouragement of responsible behaviour through the application of liability regimes. In light of that, this paper examines the adequacy of space treaties and alternative legal mechanisms in accommodating space-made products concerning jurisdiction and liability. Through an analysis of space treaties and the hypothetical life cycle of space-made products, including production and operational phases, it explores the challenges in identifying space objects and launching States. Alternative jurisdictional links, such as ownership and effective control, are considered alongside liability regimes, including international responsibility and strict product liability. The paper concludes that the existing legal frameworks accommodate only partially space-made products and thus challenges remain in addressing jurisdictional and liability issues comprehensively. The paper underlines the necessity for amending the space treaties, adjusting national legislation and anticipating deficiencies in relevant intergovernmental agreements and private contracts.
OPEN ACCESSNAVIGATING THE STARS: A CALL FOR COMPREHENSIVE SPACE TRAFFIC MANAGEMENT
N. Moraitis
SMD. 2025;(1):17-21
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OPEN ACCESSTHE ENVIRONMENTAL IMPERATIVE OF SPACE SUSTAINABILITY: THE CASE OF LUNAR MINING
G. Leterre
SMD. 2025;(1):22-28
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OPEN ACCESSTHE LEGAL MOONSCAPE: NAVIGATING THE LEGAL AND SUSTAINABILITY CHALLENGES OF LUNAR MINING AND SETTLEMENT
L. Denoyelle
SMD. 2025;(1):29-36
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OPEN ACCESSTHE INSURABILITY OF ENVIRONMENTAL DAMAGES CAUSED BY SPACE ACTIVITIES
S. Paradis
SMD. 2025;(1):37-46
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OPEN ACCESSAPPLICATION OF RISK-ETHICALLY ADJUSTED PIGOUVIAN TAXES TO SUBSIDIZE THE REMOVAL OF ORBITAL DEBRIS
M. Bonissi
SMD. 2025;(1):47-60
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OPEN ACCESSHARMONIZING TECHNOLOGY AND LAW FOR LUNAR RESOURCE UTILIZATION: MACHINE LEARNING STANDARDS AND ALGORITHMIC APPROACHES TO CRATER MINING AND ICE HARVESTING UNDER THE MOON TREATY AND ARTEMIS ACCORDS
J. Sandalinas
SMD. 2025;(1):61-67
Show summaryHide summaryThis research examines the legal challenges posed by the Moon Treaty and the Artemis Accords, focusing on whether these instruments contemplate and integrate technological advancements, particularly the application of machine learning standards and algorithmic approaches to crater mining and ice harvesting on the Moon. Lunar activities require significant technological reassessments to address challenges such as the Moon’s lack of atmosphere, particularly regarding unmanned aerial operations. These activities, aimed at detecting water ice on lunar soil, necessitate technical innovations that raise critical questions about the intellectual property status of emerging lunar technologies. Innovation beyond the current technical status quo demands advancements in state-of-the-art technologies, which, in turn, necessitate updates to legal standards, especially concerning intellectual property issues related to space technologies. The study explores how the Moon Treaty and the Artemis Accords integrate technology and law, how they could accommodate machine learning standards and algorithmic approaches for lunar exploration, and how both legal instruments address intellectual property matters concerning technological developments for lunar applications, particularly intangible assets like algorithms. Machine learning standards and algorithms, as intangible assets, possess unique characteristics that intersect with the challenges of lunar resource exploration and exploitation. These technologies, deployed via drones or unmanned lunar vehicles, must overcome the Moon’s unique atmospheric challenges, vastly different from those on Earth. This paper presents a cutting-edge strategy for exploiting lunar resources within the legal boundaries of the Moon Treaty and the Artemis Accords. Recent research proposes employing advanced fixed-wing lunar drones equipped with vertical take-off and landing (VTOL) capabilities, sophisticated navigation systems, and robotics optimized for crater mining and ice harvesting [1]. These drones utilize a comprehensive array of sensors and are equipped with machine learning algorithms, enabling them to independently navigate and harvest resources on the lunar surface, particularly in permanently shadowed regions abundant with water ice. These discoveries underscore the viability of using local resources (ISRU) to facilitate a lasting human settlement on the Moon, demonstrated by the processing of collected ice into oxygen and hydrogen fuel. Furthermore, the research thoroughly reviews the legal implications in accordance with the Moon Treaty and Artemis Accords, focusing on the challenges associated with the exploitation of resources, adherence to the principle of non-appropriation, commitment to peaceful exploration, and fostering global cooperation and commitment to preserving the lunar environment. By situating the technological developments in the context of the Lunar NewSpace Economy—propelled by international collaboration and public-private partnerships— and recent lunar missions, the study sheds light on the evolving landscape of lunar exploration and exploitation. The author calls for a harmonized international legal framework that balances the principles of free exploration and exploitation with the ethical and ecological imperatives of space activities. This paper contributes to the discourse on legal and technological strategies for harnessing lunar resources, advocating for a future where lunar exploration is conducted within a framework of global cooperation, environmental respect, and shared benefits for all humanity. As humanity advances towards sustained lunar presence, machine learning (ML) technologies play an increasingly critical role in optimizing resource utilization. This paper discusses the integration of ML standards for crater mining and ice harvesting on the Moon, addressing regulatory frameworks such as the Moon Treaty and Artemis Accords, technical challenges in applying ML, and provides conclusions based on intellectual property law analogies.
OPEN ACCESSTOWARDS A CUSTOMARY CRYSTALLIZATION OF ANTI-DEBRIS NORMS?
A. Chazelle
SMD. 2025;(1):68-77
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OPEN ACCESSDEFINING THE CONCEPT OF GREEN SPACE TECHNOLOGY
N. Pulsiri, V. Dos Santos Paulino
SMD. 2025;(1):90-92
Show summaryHide summaryThe world is currently facing increasing sustainability challenges both on Earth and in space. To ensure the continued benefit of space activities for humanity, it is crucial to find solutions that address these challenges. This paper aims to explore and analyze the concept of Green Space Technology (GST), which focuses on developing and managing space technologies with minimal environmental impact. A bibliometric analysis was conducted on 1,464 publications related to GST. The findings reveal that several countries are collaborating globally on this research. Additionally, two main research themes emerged, which are GST for preserving Earth and space’s environments. Based on these insights, this paper proposes the definition of GST as a space technology designed to perform space activities that causes minimal environmental impact or contributes to environmental preservation both on Earth and in space.
OPEN ACCESSECOSYSTEMS RELATING TO CELESTIAL MINING SUBCONTRACTING CONTRACTS
J.M. Haziza
SMD. 2025;(1):93-96
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OPEN ACCESSA UNIVERSE FOR ALL: ON THE EQUITABLE SHARING OF BENEFITS OF SPACE RESOURCES
R. Cardellini Leipertz
SMD. 2025;(1):97-103
Show summaryHide summaryThis paper explores the pressing need to address the equitable benefit sharing from space resources in light of the growing commercial space industry. It examines both hard and soft law instruments, relevant concepts like the Common Heritage of Mankind and global commons, to then look into the interpretations of benefit-sharing as per the United Nations Committee on the Peaceful Uses of Outer Space’s workings and their challenges. This research proposes several potential solutions and highlights the need to focus on soft law instruments as the best tool to withstand the current global geopolitical instability, identifying this as the best, if not only, tool to create an equitable, non-discriminatory and sustainable framework for space activities, aligning with the animus of international space law.
OPEN ACCESSTHE SUSTAINABILITY ODYSSEY: CRAFTING GOVERNANCE FOR SPACE FRONTIERS. SUSTAINABILITY, GOVERNANCE, AND INORBIT ACTIVITIES
E. Koellner
SMD. 2025;(1):104-111
Show summaryHide summaryIncluding sustainability in the administration of space activities is not just a question of obeying rules but also a fundamental basis for the direction of human activities in outer space (1). This paper systematically examines the complicated issues and potential benefits of the growing use of satellite constellations, the growing problem of space debris, and the general need for robust governance mechanisms to ensure the sustainable use of space as a resource. The objective includes a thorough examination of the present circumstances, as well as an assessment of the significance of international law, the success of current governance structures, and the opportunities for new legal and cooperative solutions presenting a reasonable assessment of the direction for the future. The quick development and deployment of satellite constellations underline the critical need for sustainable management techniques that successfully balance technical development with space environment protection (2). This exponential outer space economic development stresses the need for global cooperation and regulatory frameworks to address the dual difficulties of reducing space debris of space junk in low earth orbit (LEO) and managing space traffic (3). This paper seeks to identify and underline the shortcomings in present governance models and stresses the need for adaptive reforms that can adjust to the changing character of the burgeoning space economy. The global community’s ability to provide a coherent and common direction will determine the course of sustainability and government involvement in space activities (4). Today is a good beginning to propose a comprehensive strategy that includes sustainability in space management through legal reorganization, technical development, and global cooperation. Policymakers, space agencies, and international organizations advise adopting sustainability and cooperation as guiding concepts for controlling space activities ensures that the exploration and use of outer space continue to demonstrate mankind’s collective ambition, responsibility, and ability to anticipate future needs (5). The decisions make now will define the long-lasting effects of the cosmic endeavors for future generations as the inhabitants of Earth get ready to enter a new age of space travel. This paper offers a strategy for establishing a well-balanced approach to space administration that promotes the long-lasting viability of outer space as a domain for peaceful exploration, scientific study, and group human achievement.
OPEN ACCESSSAFEGUARDING THE SKIES: BALANCING SPACE SUSTAINABILITY WITH INDIGENOUS RIGHTS PROTECTIONS
D. kasibante
SMD. 2025;(1):112-120
Show summaryHide summaryThe accelerating deployment of commercial satellite mega-constellations in low Earth orbit is posing an existential threat to indigenous communities in Africa who have maintained deep cultural and spiritual connections to unobstructed night skies for millennia. The artificial brightening of the heavens from tens of thousands of new orbital objects risks severing ancestral traditions, knowledge systems, agricultural cycles, and cosmological worldviews inextricably tied to celestial observations and cosmic relationships. This raises profound human rights implications, as international legal instruments enshrine indigenous peoples’ rights to maintain intangible cultural heritage, self-governance over traditional lands and resources, and free, prior and informed consent regarding imposed activities affecting them. However, existing space governance policies and regulatory frameworks lack adequate enforceability and specific guidelines to balance satellite industry interests with preserving dark skies and radio quietness relied upon by vulnerable populations. This paper examines the historical and contemporary significance of celestial visibility across African Indigenous groups, the disruptive impacts of projected satellite proliferation, and the legal and ethical obligations to uphold indigenous rights equitably as space exploration rapidly expands. Case studies of threatened communities like the Maasai and San peoples underscore how satellite light pollution compounds broader environmental justice challenges. Potential policy reforms are proposed to bridge current governance gaps, such as mandating comprehensive cultural impact assessments, structured community consent processes, mitigation liability guidelines, and empowering Indigenous oversight integrated into space policy and legal instruments. Ultimately, realizing the full socially sustainable potential of space activities requires holistically recognizing Indigenous peoples as key stakeholders and upholding principles of environmental justice as humanity’s shared cosmic heritage.
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