Emerging Voices in Space Law: African Perspectives on the Future of Outer Space Governance

As the landscape of space exploration and satellite deployment rapidly evolves, a new generation of lawyers from Africa is stepping up to shape the future of space law. Driven by a growing number of countries entering the space arena, these lawyers are determined to ensure that the interests of emerging space-faring nations are represented and that the outer space remains a shared resource for all humanity, in accordance with the Outer Space Treaty of 1967.

The Outer Space Treaty, established during the space race between the United States and the Soviet Union, emphasized that space exploration should be conducted for peaceful purposes and that outer space is “the province of all mankind.” As the number of active satellites in low Earth orbit surpasses 9,000, with a significant proportion owned by U.S. entities such as SpaceX, concerns about orbital inequality and potential violations of the treaty are rising.

African countries, recognizing the need for legal expertise in this field, are actively participating in events like the Manfred Lachs Space Law Moot Court Competition. This global competition, named after a key architect of the Outer Space Treaty, simulates legal disputes that may arise in outer space, training young lawyers to navigate the complexities of space law. African teams, such as those from South Africa’s University of Pretoria, have shown remarkable success in these competitions, signaling the continent’s growing influence in this specialized legal arena.

As space becomes more congested with satellites and space debris, the risk of collisions and the Kessler syndrome—a scenario where debris collisions cascade and render space activities near Earth impossible—becomes more imminent. The urgent need for comprehensive space traffic management and updated international agreements to regulate activities in space is clear. African space lawyers are poised to play a crucial role in these discussions, advocating for equitable access to space and the responsible use of this global commons.

The involvement of African nations in space law is not just about legal representation; it’s about ensuring that the benefits of space exploration are shared equitably and that the risks are managed collaboratively. As more countries, including those in Africa, launch their own satellites and develop space programs, the voice of the global south in space law becomes increasingly important.

This emerging interest in space law among African lawyers reflects a broader shift in the global space landscape. It’s a move towards greater diversity and inclusivity in shaping the rules that will govern humanity’s future in space. As the field of space law continues to evolve, the perspectives and contributions of lawyers from Africa will be essential in ensuring that space remains a shared resource for the benefit of all humankind.