Space Law & In Orbit Services

Introduction

Space law emerged during the Cold War. As technological competition grew between the United States and USSR, outer space became a significant concern. Following the launch of the first satellite, Sputnik, in 1957, and the fear that space might become a lawless zone, the United Nations established the Committee on the Peaceful Uses of Outer Space (UNCOPUOS) in 1959. This resulted in the 1967 Outer Space Treaty. The Outer Space Treaty consolidated the fundamental principles of space use with four other international treaties addressing issues such as liability, registration of space objects, astronaut rescue, and the Moon Agreement.

In addition to these treaties, UN resolutions and technical standards have also contributed to the development of space law. These instruments fall under ‘soft law’ (Law which is non-binding but plays a significant role in guiding international space practices). They cover various areas, such as direct satellite television, remote sensing, and space cooperation. Notable technical standards include the Space Debris Mitigation Guidelines adopted in 2007 and the 2021 Guidelines for the Long-term Sustainability of Outer Space Activities by the Committee on the Peaceful Uses of Outer Space (UNCOPUOS).

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‍National law framework

National legislative frameworks generally provide for authorization and licensing mechanisms, rigorously regulating space launches and operations. These measures not only minimize the inherent risks of these activities but also ensure that the state maintains effective control over the actions of its citizens in space, in accordance with its international obligations. Through these national frameworks, the state can assume responsibility in case of damage or incidents while ensuring that space activities comply with safety and sustainability standards.

For example, France has incorporated these principles into national law through Law No. 2008-518 of June 3, 2008, on space operations (LOS). This law requires prior authorization for any launch or control of a space object in orbit from French territory or by a French operator abroad. LOS ensures that these activities comply with international safety standards. It is supplemented by regulatory texts, notably Decree No. 2009-643 of June 9, 2009, which specifies the administrative procedures for obtaining these authorizations, including the technical and financial criteria that operators must meet. The Order of March 31, 2011, sets the technical standards that operators must adhere to, particularly regarding mission safety and planetary protection.

However, in-orbit services remain a largely unregulated area. On June 28 of this year, in France, an order was issued concerning the technical regulation of space law. This order addresses in-orbit services, a first in French space law. In-orbit service is defined as a “service performed by a service vehicle that requires a rendezvous and/or approach and/or contact phase with a target object, such as inspection, capture, docking, orbital transfer, repair, assembly, fluid transfer, undocking.”

The Order of March 31, 2011, modified by the Order of June 28, 2024, introduces several requirements for in-orbit service operations to ensure the safety and effectiveness of these missions. Debris collection is the first priority. According to Article 47-1, if an operation requires compromising the integrity of the target object, the operator must collect all debris created that is 1 mm or larger to prevent their dispersion into outer space.

The second priority is collision prevention. Article 47-2 stipulates that the service vehicle’s systems must be designed to avoid any risk of collision with the target object, even in the event of the vehicle’s survival mode activation. Survival mode activation refers to a situation where the vehicle's primary systems have failed or are compromised, causing it to switch to backup systems to maintain essential functions.

Regarding system compatibility, Article 47-3 requires that the service vehicle demonstrate that its design and operational concept are compatible with the target object’s systems or its condition if it is space debris.

Finally, ensuring operational coordination is essential for safety. Article 47-7 specifies that the control centers of the service vehicle and the target object must be perfectly coordinated. This includes sharing the data necessary for operational safety and defining the decision-making authority for joint operations in the surrounding area.

Recent Developments of In-Orbit Services

Several recent missions highlight the growing importance of in-orbit services. There have been private missions to extend the life of a satellite by docking with it and providing propulsion and attitude control. This kind of mission marked a significant milestone in satellite servicing, demonstrating that satellites can be repaired and maintained in orbit rather than replaced.

Another innovative project led by the European Space Agency (ESA), aims to be the first mission to remove space debris by capturing a defunct satellite and deorbiting it. Scheduled for 2025, this mission demonstrates the increasing focus on debris mitigation, a critical aspect of long-term space sustainability, as well as the technical complexities and cost-saving potential that in-orbit services offer.  ‍

The Role of Exotrail in In-Orbit Services

In recent years, the market for orbital transfer vehicles (OTVs) has experienced significant growth, providing essential services such as satellite repositioning or "last-mile delivery," which transports spacecraft from their separation phase to their final orbital destination.  

Exotrail is one of the few European companies offering operational solutions in this field. We launched our first spacevan™ aboard Falcon 9 in 2023, demonstrating its capability to conduct orbital insertion missions. Our services provide a comprehensive logistics solution, enabling precise, flexible, and efficient in-orbit transfers. This innovation underscores our leadership in shaping the future of sustainable space operations and positions the company as a key player in the growing in-orbit services market.

Future Prospects for In-Orbit Services and Legal Evolution

As the space industry continues to evolve, the role of in-orbit services will become increasingly critical, particularly for long-term exploration missions to the Moon, Mars, and beyond. Legally, the regulation of in-orbit services remains an area that needs attention. Recent efforts, such as the forthcoming EU Space Act, are crucial for addressing the complexities of modern space activities. As Europe moves toward a harmonized legal framework, the contributions of companies like Exotrail will play a pivotal role in defining standards for safe and sustainable space operations.