The New Frontier: Navigating the Legal Landscape of Space
In 1957, a solitary beeping signal from the Soviet Union’s Sputnik satellite marked the dawn of the space age. This unassuming aluminum sphere, adorned with four car antennas, sent shockwaves through the world, igniting a fierce space race between the United States and the USSR.
The Birth of the Outer Space Treaty
Amidst the escalating tensions, a group of United Nations diplomats recognized the urgent need to prevent the militarization of space. After a decade of negotiations, the Outer Space Treaty was born in 1967, enshrining the idea that space is “the province of all mankind”—a global commons akin to the high seas.
The Crowded Cosmos: A New Era of Orbital Inequality
Fast forward to the present day, and the once-lonely expanse of low Earth orbit is now teeming with activity. The number of active satellites has skyrocketed to around 9,000, with countries like Nigeria, Tonga, and Laos joining the ranks of space-faring nations. However, this apparent democratization of space belies a stark reality: the overwhelming majority of satellites are owned by US companies and agencies, with SpaceX’s Starlink subsidiary alone operating more than half of all active satellites.
Elon Musk is effectively “making the rules” in space, squeezing rivals out of radio frequency allocation and open lanes in low Earth orbit.
This narrow dominance has led some scholars to draw parallels with colonial land grabs, and even suggest that it may violate the spirit of the Outer Space Treaty.
The Rise of Space Law: Empowering the Global South
In response to this imbalance, nations in the global south are not only launching their own satellites but also investing in the development of space law expertise. Timiebi Aganaba, a professor at Arizona State University, has been a driving force behind this movement, helping to organize the first African teams to compete in the prestigious Manfred Lachs Space Law Moot Court Competition.
If the system gets built without you—if you come in later—people will start quoting laws to you.
As the number of satellites and space actors continues to grow, the risk of collisions and the dreaded Kessler syndrome—a cascading event that could render low Earth orbit unusable—looms large. The stakes have never been higher, and the need for a new generation of space lawyers from the global south has never been more pressing.
The Race to Shape the Future of Space
For aspiring space lawyers like Namatai Katsande, a recent law graduate from Zimbabwe, the field represents an opportunity to help balance the interests of emerging space-faring nations, incumbent giants, and the rest of the world. In a race where everyone is starting from a similar position, the global south has a unique chance to shape the future of space governance.
Because we live on Earth, you quite literally never think about it.
As humanity ventures further into the final frontier, the legal landscape of space will play a crucial role in determining the trajectory of our cosmic future. The rise of space law in the global south is not just a matter of strategic advantage; it is a vital step towards ensuring that the “province of all mankind” remains a shared inheritance, rather than the exclusive domain of a select few.
From Courtroom to Cosmos: The Remarkable Journey of Three Zimbabwean Law Students
A Cousin’s Influence and a Fateful WhatsApp Message
In a modest home on the outskirts of east Harare, Zimbabwe, a young girl named Katsande found her calling when she was just 10 years old. A cousin studying at a nearby law school came to stay with her family, and together they watched true-crime documentaries that ignited Katsande’s desire to become a police officer. However, her parents encouraged her to follow her cousin’s path instead.
Katsande eventually enrolled at Midlands State University’s law school, located in the heart of Zimbabwe. For three years, she immersed herself in the typical law school curriculum, from contracts and constitutional law to criminal procedure. Then, in her fourth year, a peculiar case landed in her WhatsApp inbox: Candidia v. Xenovia, a fictional scenario that would form the basis of the 2022 Lachs Moot Court Competition.
A Futuristic Legal Dispute in Space
The message, sent by Professor Ntandoyenkosi Moyo, who was responsible for selecting and coaching Midlands’ moot court teams, read like a science fiction novel. Set in the year 2032, the case revolved around the activities of two small nations in space, which had brought them to the brink of a geopolitical crisis.
In the fictional world, Candidia, a newly independent nation, had found its niche in the burgeoning space economy by serving as a “flag of convenience” for satellite operators, offering low fees, taxes, and minimal disclosure requirements. Meanwhile, Xenovia, a wealthy and well-educated island nation just 180 miles from Candidia, had become an internationally important launch site and a thriving hub for the space industry.
The conflict arose when a Candidian satellite company defaulted on payments to its Xenovian creditors. The lender dispatched an autonomous “repo robot” to seize the Candidian satellite, but disaster struck when the robot’s grappling arm ruptured a fuel line, causing an explosion that destroyed both spacecraft and killed nine people aboard a Candidian military plane struck by the debris. The fictitious court would now have to determine which country was liable for the catastrophe, with law students arguing the case.
Assembling the Dream Team
Katsande teamed up with Panashe Mujegu, a third-year law student, to prepare for the tryouts. The two, who had previously worked together in a moot competition, practiced arguing for both Candidia and Xenovia over WhatsApp calls.
At the tryouts, only four other Midlands students participated. Katsande argued on behalf of Candidia, while Mujegu represented Xenovia. In the end, the judges selected the two of them, along with a quiet student named Eunah Ndou, to represent Midlands in the competition.
While low Earth orbit is still legally “the province of all mankind,” it is, by the numbers, increasingly the province of one man: Elon Musk.
Preparing for the Regional Round
Over the next few months, the three women immersed themselves in space law, discussing international treaties, case law, and news stories about space debris. They learned that the Outer Space Treaty requires each spacefaring nation to track and take responsibility for the activity of all spacecraft registered under its flag, explaining why the national governments of Xenovia and Candidia were ultimately liable in the case, despite the satellites being owned by private corporations.
To prepare for the regional round of the international competition, the team attended a weeklong boot camp on campus, living together in the dorms, eating in the cafeteria, and practicing arguing both sides of the case in a faculty conference room. They became close friends, with Katsande drafting the written arguments, Mujegu mastering the legal technicalities, and Ndou delivering brilliant oral arguments.
An Unexpected Victory and National Recognition
The Midlands team faced off against teams from Nigeria, South Africa, and Uganda in the regional round, which took place via videoconference. During a particular rebuttal, Katsande realized they were winning, citing an obscure piece of space law that allowed a creditor to repossess an object without seeking consent.
“It was actually pretty shocking,” says Katsande, who was named best oralist in the regional round. “Every single thing that we know we had to learn from scratch.”
The team’s victory made headlines across Zimbabwe and on the website Space in Africa. They were invited to visit the headquarters of the Zimbabwe National Geospatial and Space Agency, where experts helped them discuss technical issues related to Candidia v. Xenovia. They also learned about their country’s upcoming first satellite, ZimSat-1, and its potential applications.
Before heading to Paris for the international round, the Midlands team had to secure visas at the French embassy in Harare and compete against Latin America’s regional champion, the Pontifical Catholic University of Chile, in a preliminary online match that would narrow the field from five regional champions to a final four.
Midlands State University’s Triumphant Journey to the Space Law Moot Court Semifinals
A Nerve-Wracking Flight to Paris
Fresh off their victory against Chile in the Zimbabwean national space agency offices, the Midlands State University team found themselves among the final four, heading to Paris for the semifinals. The team hurriedly prepared for the 21-hour journey, getting their hair and nails done and donning matching blue tracksuits provided by a sponsor. As the plane took off from Harare, Mujegu gripped her armrests tightly, staying awake the entire flight, consumed by fear.
Second-Guessing Choices and Worrying About Arguments
During the flight, an exhausted Katsande questioned their decision to represent Candidia, the less advanced nation that had lost nine lives in the satellite disaster, instead of defending Xenovia in the upcoming semifinal against a Dutch team. She had yet to face an opponent who used her winning argument: according to space protocol, the Xenovian creditor had the right to repossess Candidia’s satellite without warning or consultation. As she drifted off to sleep, Katsande worried whether her team’s position could withstand that point.
The International Astronautical Congress and the Challenges of Space Traffic Management
While the Midlands team made their way to Paris, the International Astronautical Congress was underway. Amidst appearances by heads of state, dancing Star Wars Mandalorians, and discussions about future space missions, dozens of space officials gathered to address the growing problem of managing traffic and avoiding collisions in space. The current state of affairs is far from ideal, with no comprehensive systems or authorities governing space traffic and a lack of consensus on how many satellites could trigger the Kessler syndrome, making low Earth orbit too dangerous for human spaceflight or satellite operations.
The New Space Race and the Potential for Disaster
Elon Musk claims that Earth’s orbits can handle “tens of billions of satellites,” with SpaceX’s Starlink satellites employing an automated collision-avoidance system. However, experts disagree on the number of satellites space can safely accommodate. Darren McKnight, a senior researcher at LeoLabs, suggests that the number could be increased to between 40,000 and 90,000 if everyone acted responsibly, but many operators have not demonstrated the necessary sophistication or willingness to share their work. With the new space race underway, involving companies like Amazon’s Project Kuiper and nations like Rwanda, the potential for disaster looms large.
Preparing for the Semifinal Showdown
On the day of the semifinal, the Midlands team had been in Paris for just 12 hours. Katsande paced back and forth, reciting memorized arguments in a hushed voice, while Ndou studied her notes intently. After a brief coffee and croissant break, the trio returned to their preparations, occasionally huddling to discuss matters in detail. The French prime minister was speaking before the world’s space community just a short distance away.
The Semifinal Match: Midlands vs. Leiden University
The Midlands team entered the conference room, where tables had been set up for the opposing teams and a panel of three judges. The audience was packed with supporters from southern Africa, outnumbering the Dutch team’s contingent. Katsande was momentarily taken aback by her opponent’s attire, as wearing bright colors and open-toed shoes in court would be taboo in Zimbabwe.
Katsande spoke first, arguing on behalf of Candidia that Xenovia was liable for the loss of life and damages due to violations of the Outer Space Treaty. The Leiden team, representing Xenovia, took full responsibility for the explosion but maintained that they had repossessed Candidia’s satellite in accordance with the treaty. After deliberation, the judges found in favor of Xenovia, meaning Leiden had won the semifinal.
A New Frontier: The Rise of Space Law in Africa
The Midlands Team’s Journey
Despite their best efforts, the Midlands team from Zimbabwe fell short in the Manfred Lachs Space Law Moot Court Competition. Kudzai Katsande, a team member, felt that the European team had been given more speaking time. Coach Moyo, drawing from a Kareem Abdul-Jabbar quote, reminded the students, “You can’t succeed without learning from failure.”
We really wanted to win. I don’t think you understand how much we wanted to win.
The Final Round and a Changing Landscape
The Midlands team watched the final round at the Maison des Océans, where the Leiden team emerged victorious. Edythe Weeks, an adjunct professor at Washington University in St. Louis, reflected on the early 2000s when space law gatherings were dominated by European men. Her research explored the Outer Space Treaty’s “province of mankind” clause and its potential for exploitation by monied interests.
The Importance of Awareness and Ownership
Weeks believes that people cannot appreciate or fight for something if they don’t know it belongs to them. The Midlands students had heard this message clearly. Rutendo Mujegu, a team member, recognizes that being African means being touched by colonialism but also being a rightful inheritor of space.
The Future of Space Law in Africa
Although space law jobs are scarce in Africa, with many space agencies just starting, Mujegu is determined to be a part of this new world. She says, “When I discovered it, I felt like, Why aren’t more people talking about this? I want to be a part of this for the rest of my life.”
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5 Comments
A tragedy that shakes the very foundation of international space law!
The legal quagmire of cosmic proportions
Navigating the final frontier of legal complexities in space accidents
Who’s liable when disaster strikes in the vast expanse of space
The legal web of space accidents is as vast as the cosmos itself.