Abstract

Miniaturized satellites (hereinafter ‘microsats’) are becoming increasingly popular and more accessible to a wider range of industries operating in space. Their size and relative cost efficiency, together with the exponential rate at which technology continues to develop, has enabled their usage to expand from purely research-based missions to commercial missions operated by public and private entities alike. This article explores the factors in favour of the development of microsats and the technical challenges that have resulted from this development. The article summarizes the international regulation of the space industry, including liability for damage caused by space activities, and the ways in which regulation is implemented nationally. The article subsequently addresses the inadequacies of this framework in its regulation of the industry to date (such that registration of such space objects has in fact decreased) and discusses the further challenges the industry will face as it continues to expand, such as inappropriate registration procedures, overcrowding of radio frequencies and increased space debris, resulting in a greater risk of collisions, which has the potential to expose States to vast claims for compensation. It is clear that a more appropriate regulatory regime must be developed to address the development of the microsat industry.

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