Space Law: Who Makes the Rules Beyond Earth?

Who makes the rules in space—and what happens when things go wrong?

Did you know there are more than 11,000 satellites orbiting Earth—and no traffic lights in space? From falling space debris to future cities on the Moon, this episode explores how laws work beyond Earth with leading international space lawyer Joanne Wheeler.

Together, we explore:

• How space law began—and why it was created

• What happens if space debris falls back to Earth

• The growing issue of space sustainability and debris

• Whether countries and companies can mine the Moon

• What life (and laws) might look like on Mars

Joanne also shares how she became a space lawyer—and why there are exciting career opportunities for young people interested in space.

If you’ve ever looked up at the night sky and wondered who’s in charge up there this episode is for you!

Guest: Joanne Wheeler, MBE, Managing Partner at Alden Legal and international expert in space law. Joanne advises governments and companies on satellite launches, space regulation, and sustainability—and is helping shape the future of life beyond Earth. 

Resources

The National Space Centre

National Space Academy

Royal Observatory Greenwich

Royal Astronomical Society 

Royal Aeronautical Society (RAeS)

UK Students for the Exploration and Development of Space (UKSEDS)

Space Generation Advisory Council (SGAC)

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See you soon in the next episode!

Transcript

Alma Constance:

Hi, I'm Alma Constance.

Lucinda:

And I'm Lucinda.

Alma Constance:

We're here on the Kids Law Podcast to talk about how laws affect all of us, especially kids and young people as we grow up. Did you know that children as young as 10 can actually be held responsible for crimes and might even have to go to court?

Plus, kids have special rights given by the United Nations. That’s why it’s super important for young people to know at least a bit about the law and how it can help protect them and others.

Lucinda:

So, what are we going to look at in this episode, Alma Constance?

Alma Constance:

Well, there’s been so many things going on with space lately.

Last year, burning space debris crashed into the outback in Australia, and a metal ring fell to Earth on farmland in Kenya. Fortunately, no one was injured, but the object was identified as a separation ring from a space rocket.

I also heard on the news that a meteorite from Mars was sold at auction for 3.2 million. And recently, Elon Musk has announced that SpaceX has shifted focus to building a city on the Moon. So it really got me thinking—are there laws governing space activities?

Lucinda:

Well, yes, there are—and it’s certainly getting very crowded up there, as well as full of bits of rockets.

There are more than 11,000 active satellites in orbit, travelling at speeds of up to 17,000 miles an hour—not to mention space debris flying about. And that number is set to increase as we need more satellites to support the technology used in our day-to-day lives.

Let’s talk to Joanne Wheeler, MBE, Managing Partner at Alden Legal and a leading international expert in the space industry. She works on commercial contracts for satellite launches and construction, and even drafts regulations for life on Mars.

Alma:

Hello Joanne, thank you for joining us today.So just to start off, can you tell us a bit about you, how you became an expert in space law, and the kind of work you do?

Joanne Wheeler:

It's a pleasure to be here. Alma Constance, thank you so much. since by the age of nine I've been fascinated with space at school. When I was that age, we were told we could write about anything and my dad as a printer would bring home books and brought home a bunch of astronomy books. So. I got hooked and it did help that I lived near the observatory in Edinburgh. So I wrote about space and, still have the book and haven't looked back. I then studied law with a wonderful professor. I'm still in touch with Professor LA and Aberdeen, and then went to Oxford for two years and did a master's degree. And that covered earth observation by satellites and intellectual property around it. I did another two degrees after that, on telecoms, again, on a thesis, on space debris. So I was a bit of a constant student around space. But actually I was fascinated by space because it was bigger than all of us and it was something that pulled all of us together. And I was intrigued that when I found out in the 1960s. The world puts on their terrestrial differences behind them. And yes, the Odor Space Treaty was a non-proliferation treaty to avoid nuclear and arms and space, but also huge international success. And I thought this was a huge inspiration. And that's really how I got into it. And then what do I do now? I work with governments and regulators around the world have drafted or be involved in drafting eight regulations and laws. , I also deal with, radio frequency spectrum so we can communicate with the satellites. And I'm very lucky to have some fantastic clients, manufacturers, operators, and now looking at things like in orbit servicing, advising on space sustainability including space debris, and then life on the moon and the habitats, and how humans who live there with human health and nuclear pars on the wind. So it's amazing that this is happening in our lifetime.

Alma:

So when was space law first actually created?

Joanne Wheeler:

So the world's first satellite was Sputnik one, and it was launched by the former Soviet Union that's now the Russian Federation back in 1957. Now, there was space law mentioned about 50 years before that, but that launch was the catalyst of what people call the space race between the US and Russia. And there was a real concern there that the space could be used for military purposes. So this led to a recognition in the international community to put in place a framework so that Archer space would be used for future generations for peaceful purposes. Now, there were two resolutions that kicked this off in 1961 and 1962, focusing on the peaceful uses of space for the benefit of life on earth. And then there are five treaties that came into being. The first one, and people call this the Magna Carter of VI space, the Outer Space Treaty. Then, , the international community realized that actually if we're gonna send astronauts up there as part of the space race, we needed to protect them. So the next treaty was the Rescue and Return of Astronauts Agreement, Then the international community realized that what about liability if things go wrong or there are collisions in in space. So this led to the convention on the International Liability for Damage caused in space in 1972. But for a liability, you have to identify objects and that led. Logically to the registration convention. So you have to register objects as you put them into space and put a little bit of information around them so you can identify what is in space and identify what might be colliding with other things. so that led to the registration convention and that was 1975. Now, a few years later, we saw the agreement, , for governing the activities of states on the moon and other celestial bodies. But, to be very open, that's only been signed by about 16 countries, so we actually class that as an dormant agreement. but these UN space treaties establish the rights and the obligations between countries, between the state parties to the treaties, which bear international responsibility for the activities that government entities. Commercial activities and commercial entities, long service providers, satellite operators, participants in, suborbital space tourism, for example, or any other activities. and it deals through the responsibility and liability of those activities. UK actually was one of the first countries to have its own law, in space, the outer Space Act way back in 1986. It's still there. It deals with all activities outside the uk, but we also now have a space industry of, 2018 that actually deals with a lot of other things, space, ports, the range around them, launch services, and even the return of objects backed down to Earth doesn't deal with mining on the, at least not yet. 

Alma:

Do you think space law has kept pace with all the new technology developed since the 1960s?

Joanne Wheeler:

So the Outer Space Treaty, I think we should be very proud of it because it has done a really good job of setting out the principles that provide the framework. In regards that new technology. However, if you go back and imagine yourself as a drafter in the 1960s, how could you possibly consider in orbit servicing, assembly, manufacturing space, solar power from space? All of these aspects are so new. So I suppose space law hasn't really kept up with that, but those principles, that framework has been really, really valuable. let me give some examples. I'm a lawyer and a space lawyer, so I look at the liability convention quite a bit, and if there is, a collision in space, I need to show that there's damage. Normally, you can see if there's damage but then we need to identify, for example, if space debris caused that damage, and that might be harder to identify from the earth, what dead we cause the damage. Then because it's in the outer space, we actually have to prove something called fault. We have to say, you should have done this, but you've done this instead, you're at fault. And that's really hard because we need something called a standard of care. And then we need binding laws or binding standards to show that that standard of care has been, broken. And that's really hard. So to that extent, space law hasn't kept up with what we actually need to prove if there's fault in space, and there's no still no binding standards that deal with space debris. None of the treaties have the word sustainability. and part of my job is to actually put some of these standards in place, and we don't want. The lack of those standards to stop us benefiting from everything that space can give us on earth, because We all rely on space so much. In fact, we rely on satellites. I keep hearing 30 to 40 times a day in our modern life. Which is incredible. And we've also got military defence and security that look after us from outer space so yes, the drafters of the outer space treaty didn't really think about everything that we now have in, you know, 2026, and they're more countries and organizations getting involved. And it didn't really deal with the space exploration and tourism and or settlements on the moon, et cetera. But the outer Space Treaty did give us a framework to work in and for that we should all be proud of our ourselves back in the 1960s and seventies.

Alma Constance:

Can you explain what is meant by extraction and commercial use of space resources—and won’t that damage the environment in space?

Joanne Wheeler:

The damaging the environment in space? That's a a really interesting question. So actually it's interesting because science has really led the way of exploration of the moon, but this is now beginning to change and commercial considerations. This extraction and commercial use of space is really now almost dominant. So companies and governments are really interested in mining the moon. Asteroids and other planets, because they tend to see fool of really valuable metals and, other materials that are rare on earth. and also the resources extracted from the moon can also make exploration of other areas of space much easier. Um, water, minerals, et cetera. Extraction is really to look at the rare elements on the moon and elsewhere and see if we can extract them, which actually goes to why the moon agreement has not been signed by many countries because in an article five of that, it says, you get the benefit of the extraction from the moon, but then you have to share it with everyone else. And that's quite hard if you're a commercial company and you're paying to get up there, you're paying for the intellectual property, et cetera, and then to share it is hard. So there is a concept under space though that outer space should be free for exploration and use. So that's been called on to allow this extraction in commercial use. But then there's also the other side that we have to have , the involvement of states to authorize, to supervise and to avoid the harmful contamination of the moon and potential harmful contamination of the earth. And you're absolutely right arm Constance in regard to environment and space. There is a huge amount of work on sustainable development. Several papers, research. In fact, I've got one on my desk just now as to how economic exploitation can support actually sustainable development on the moon. And this is really important 'cause it's going to go at pace. And as my old professor, LA would say, we don't want to create a precedent that's very hard to come back from. We like the standards in place so we can do this properly now. So, um, I'm actually working on a wonderful project called Moonrise to look at where could we extract, where could we commercially use resources on the moon, and where can we build a human habitat? So we need to look at the rights of future generations, which I think is a fantastic concept of not just what we do now, but how do we protect the rights of our children and their children moving forward, those future generations. And it's called intergenerational equity, and I think that's fascinating

Alma:

If space law applies to governments rather than companies, who is responsible for enforcing it?

Joanne Wheeler:

Nice legal question. So, states, countries are responsible for the activities of their private companies, and they need to authorize and supervise them, and that authorization and supervision, which needs to be. Constant, um, is done through licensing, although every state tends to do the licensing slightly differently. And the licensing could cover launch activities, operations of satellites, the return of objects. and due to the extent of this responsibility, states also require commercial operators to take out insurance, cover and flow some of this responsibility. Down to their commercial operators through this licensing. But the enforcement comes down to state level and they enforce it through the licensing conditions, um, maybe it's worth just mentioning back in the 1980s. We had, the collision of Russian Cosmos 9 5 4 satellite. That came down into the northern territories of Canada. Unfortunately, it had nuclear fuel in it, so the nuclear fuel went over quite a large area of Canada. So Canada wasn't that happy about this, and with the help of the US they raised a diplomatic, case against Russia. It was never settled under the liability convention, though it was settled through diplomatic engagement, mostly led by the us. The total cost I understand was about $12 million. It was settled for $6 million, but it was by way of settlement agreement. Not through court. There was a collision also Of, an active iridium satellite in 2009 and a another Russian defunct Cosmos satellite was spaced February, so it couldn't move, but the Iridium satellite could. Now, as I said, it's quite hard to establish fault in space because there's no binding law or standard saying, well, Iridium had to move and maybe Cosmos should have deorbit their, the satellite, et cetera. There are general principles under the other space treaty, but nothing precise. Now that case. I'm sure iridium looked at bringing action, but the issue is because it was very hard to establish fault and there were no abiding conditions and standards It's very hard to prove your case against which fault could be assessed. And because Iridium could manoeuvre, could they have been actually found at fault by not manoeuvring? I think as we go on, there'll be more clarity here, but at the moment we have no case law particularly that has really tested out space law. It's just a matter of time now.

Alma Constance:

What would happen if space debris fell to Earth and caused damage or injured someone?

Joanne Wheeler:

We are now seeing, about seven bits of different sizes, of debris and objects falling back to earth a month. So that's quite a large amount and I really, really hope doesn't hurt anyone. Now, states are responsible for the activities of their nationals so if a state has authorized the activities it needs to supervise them on a continuing basis. The requirement is also to register the space object nationally and at the un. , And this is important, the state and whose registry and object is launched, it's responsible and liable in space for that object, but also for object. Comes down, falls on something. Some one causes property damage, et cetera. And again, the liability convention kicks in here so if me as a UK citizen, if I suffered damage, I'd be looking to the UK government to potentially present a claim to the launching state, for that object to protect me and hopefully, deal with that issue. So again, it comes back to the launching state.

Alma:

Can you tell us about your involvement in space projects in the UK?

Joanne Wheeler:

So could you tell us about your involvement in some of the space projects specifically in the uk? I'm a director of UK space, which is the trade body. It's been around for about 20 years, and lead the regulatory and policy work for it. I've also, previously been appointed by the UK Space Agency and also the European Space Agency to represent them at the United Nations meetings in Vienna. As part of, um, the Office of a Space Affairs in copious the committee and the peaceful uses of IRA space that is responsible for the resolutions and the treaties in space, I'm passionate about sustainability. about seven years ago, uh, founded the Earth and Space Sustainability Initiative. Which has now, , almost about 500 members, looking at standards and really as a think tank as to ways of managing our activities in space sustainably. And one area there is looking at how satellites burn up and whether that ablation is called, is coming down into, affect humans and human food chain. Also about 15 years ago, it was clear that our city or finance and investors weren't really speaking the same language as, small space companies. So we set up a satellite finance network. And because we have to bring in students and inspire the next generation, set up prosperous space fellowship, several years ago to offer mentoring and training, taking holistic approach to students. And we have met the most amazing inspirational students on that journey. So, I'm very proud of, what the UK has done in space. It's a good place to be, but it's getting competitive out there.

Alma Constance:

What do you think will be the main developments in the future?

Joanne Wheeler:

So what worries me, and I think it worries a lot of people now, is space sustainability. How we protect our use, our ecosystem, our earth space ecosystem, because. Our life on earth really depends on our activities and space, and most of it is almost unconscious and invisible, but it's everything we do now. Education, telemedicine, telecoms, earth observation, weather, et cetera. All depends and space. So main development really, I think we're gonna see a lot more in regards to long-term sustainability of space. Mitigation space, debris, standards linked now to make them binding through licensing, procurement contracts, market access, that's allowing companies to provide services in other countries, but also just raising the awareness, to the public of how much space is important to our lives on earth and therefore how we need to protect that. Hopefully in the developments in the future, we're going to be better at sharing data about satellites and what we're doing in space and what's called space traffic management. We have more rules for roads than we do in space, so we need more rules in space. Then other developments, really exciting ones in orbit servicing, assembly and manufacturing. So building things in space, and then still their power from space, harnessing the ray of the sun and beaming them down,, by way of energy lasers, et cetera. And also to make the nuclear power sources in the moon. Particularly if we want a city up there. and space tourism. So it's gonna be interesting with all of this, slowly now getting involved in projects too about human health and space with the zero gravity and radiation and the lack of, what we would class as natural light and as I said, health issues in regard to atmospheric ablation. So it's fascinating. I think, the inspiration is the limit as to what we can do in space. 

Alma:

Would you like to go into space?

Joanne Wheeler:

Actually, yes. I think most of my friends and family think I'm utterly mad. Yes. I think it'd be a huge honor. I think actually going there is a really cool thing. But I've seen the space food and you know, if it would develop as well, then I would happily go.. . Just need to be safe and sure to get back. 

Alma:

Finally, what were you like at 10, and what did you imagine you’d become as an adult?

Joanne Wheeler:

So by 10 I was already a bit of a space geek, i'd already done a project in space and was going up to the observatory in Edinburgh. So I was looking up at the sky, but also looking at things. Bigger than all of us. A bit curious, collaborative, like pulling friends together to do things together. And I think that's continued. as for what I wanted to do, I was quite studious learning, exploring, but I didn't know whether to do long medicine or art, but I wanted to do something different in international, not the normal nine to five. 

Well, thank you so much

Alma:

Do you have any advice for young people who want to learn more about space law?

Joanne Wheeler:

Oh, absolutely. And stay involved because actually we need more people involved in space. A hundred percent. So there's good potential for jobs here. So in the UK for example, visit the National Space Center. Lester, which actually is inspiration. Will you walk in National Space Academy has brilliant career resources, thanks to funding from the UK Space Agency and they have the most amazing planetarium there. So you can't not be inspired by the planetarium. We're also lucky with the role observatory in Greenwich. Which does a huge amount in regard to students, classroom work, working with universities, et cetera. So does the Royal Astronomical Society and the Role Aeronautical Society. So there's a lot of resources here. There's also a UK students for the Exploration and Development of Space UK sets, and they have a national Student Space Society. There's also the Space Generation Advisory Council, and for anyone who is interested in the law on policy European center space law, but read, listen, and look up and feel that you're part of this earth space ecosystem. And you know what's amazing? When you look up and see the stars in the moon, all of your ancestors have , pretty much the same view. So it's our human constant, and I think that's the most amazing thing..

Lucinda:

That’s so interesting. Can I ask about drafting regulations for life on Mars?

Joanne Wheeler:

So I've been involved in some working groups in regard to drafting regulations for life on the moon and Mars, fundamentally with medics, with doctors, psychiatrists, psychologists, and health, experts. Because we'd likely need to live underground, we'd have to grow our own food. And one big question is, how will we deal with everything we know on the earth? We can't get done there very easily. You can't just, hop back home So how do we deal with that emotionally and how do we deal with if something goes wrong medically, you can't nip to the gp? And then how do we deal with the reproduction of, life. will that make a difference as to the health of babies, et cetera. So we're beginning to draft principles, and frameworks. But the issue is we don't know an awful lot of this stuff. So the only way we can do that is bringing together a research and development multidisciplinary, multi-sectoral international group of people, which is fascinating in itself. But we will end up being a multi-planetary, human race and the moon is next. So it's gonna be fascinating, isn't it?

Alma:

Thank you so much—that was absolutely amazing.

Joanne Wheeler:

I think what you, you both are doing is absolutely tremendous and. Go into schools occasionally, and I am gobsmacked by the questions you get from even junior school kids. I'll be very honest, their questions are always better than the teachers and some of them are inspirational 📍 and I think it's fantastic. Congratulations to everything you're doing.

Lucinda:

So, what do you think about what Joanne told us?

Alma:

So joanne told us that the treaty in the 1960s was created for peaceful use and for the benefit of life on earth. And says it's a great framework, but they couldn't have contemplated all the developments achieved since then, both technologically and scientifically. The treaty has created principles that we can now work with, but she does emphasize the need for new regulations, especially about sustainability. She says that she works to create standards and space, and it's a balance between environmental issues and commercial development as we need satellites for our day-to-day living. Joanne also told us that there will be many opportunities to work in all fields related to space,

Alma Constance:

In our podcast, we've been exploring how laws work and affect young people. We hope that our podcast will help you understand how laws are made and how the legal justice system works, and that this knowledge will help you make informed decisions not only about your life. But also when you're able to vote for an MP who will represent you in parliament and make laws, it's also important that children know they should be kept safe and that adults must care for them. Remember, if you have any worries, talk to an adult you trust and tell them how you feel. This includes your teachers at school who are there to look after you too. So tell them that you need to talk to them. You can call Childline on zero 800 double one, double one. If you're under 18 and want free confidential advice, you can also find more information on Kids law.info website. 

Alma Constance:Keep your questions coming in. Please subscribe, rate and share the podcast with your friends. See you soon in the next episodes. Bye :

Keep your questions coming in. Please subscribe, rate, and share the podcast with your friends.

See you next time.

Bye!