We spoke with Steven Freeland, Emeritus Professor at Western Sydney University and Professorial Fellow at Bond University, and a government-appointed Member of the Australian Space Agency Advisory Board, to uncover his thoughts on how Luxembourg’s space program is perceived on the global scale.
Tell us about your background and experience within the space industry.
I started my career working at a global commercial law firm (7 years), then as an investment banker (15 years), working in many countries. In 2002, I became a university academic and independent consultant. I am an international lawyer, and provide advice to Governments, industry and the United Nations. I also have the honour of attending United Nations meetings on space as part of the Australian delegation.
As someone who is based outside of Europe, how is the Luxembourg space industry perceived by the broader industry?
Luxembourg has developed an excellent reputation as a space-faring country that has a focused and carefully developed space strategy. It is regarded by many as progressive, innovative and also open for partnership and collaboration. Obviously, the main emphasis in recent years has been on the development of activities relating to off-Earth resources, and Luxembourg has had a significant voice on those issues. It also is very active at international and multilateral fora and engages in important discussions at the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS).
Have you had the opportunity to collaborate with the Luxembourg Space Agency? If so, on what?
I’ve had the pleasure of working with a number of people within the Luxembourg Space Agency, including Dr Mathias Link (now Director of the European Space Resources Innovation Centre (ESRIC)) and Dovile Matuleviciute. Recently, Mathias and I were together on the Space and Humanity panel at Expo 2022 Dubai (sadly, virtual participation only).
Over the years, I’ve participated in a number of online events organised by the Agency on various issues related to space activities and, in pre-Covid 2019, had the pleasure of visiting Luxembourg to speak at a space conference organised by University of Luxembourg.
In June 2021, I had the honour of being appointed by UNCOPUOS to co-Chair a five-year Working Group on Space Resources and, already in our early meetings, Luxembourg has been very constructive and supportive in its comments and suggestions. I am very much looking forward to working with Luxembourg (together with the other 100+ Member States of UNCOPUOS) over the next five years in this capacity, where Luxembourg’s views are highly regarded.
“According to a 2020 Report by the Organization for Economic Cooperation and Development (OECD), more than 80 countries have now space programmes.”
Steven Freeland
What are some of the critical questions in the space law field currently?
There are a number of significant challenges, and opportunities, with regard to space activities, predominantly driven by the rapid development of space-related technology. We have important foundational international legal principles and ‘best practice’ standards that serve us really well and have allowed space to ‘work’, notwithstanding how the entire sector has been in constant and rapid evolution. However, additional understandings – ideally agreed at a multilateral level – are, required to specifically address particular activities.
All of the important elements of the international regulatory framework should be implemented into national law, and many countries, including Luxembourg itself, have developed national regulations for space activities.
The threat posed by the increasing proliferation of space debris represents probably the most pressing area of concern, but there are also major challenges associated with the increased perception of space as an area of conflict, the militarisation of space, the danger of an arms race in space and the adverse consequences of irresponsible (and worse) behaviour.
In an era where humanity is facing climate change, a global pandemic and the exhaustion of resources, the common interests in peace that we all share are even more important, both on Earth and in outer space, and countries like Luxembourg are important in continuing to strongly promote the peaceful uses of outer space.
What are the big upcoming trends in the space law industry?
The beginning of the 1990s saw the commercialization of space expand rapidly. Since 1998, the value of the global commercial space sector has exceeded the government space sector. The global commercial space economy in 2020 totalled approximately US$400 billion (representing an annualized growth rate of approximately 7% since 2005) and is anticipated to grow to between US$1–3 trillion by 2040.
Our lives and economies have the potential to be transformed by the companies around the world currently developing commercial spaceports, launch vehicles, spacecraft, internet-of-things constellations, enhanced remote sensing capabilities, propulsion systems, space tugs, off-earth mining robotics, in-space manufacturing and other space-based systems.
Given the seemingly endless possibilities that lie ahead, the opportunities for lawyers involved in space are tantalising but the responsibilities are also significant. A failure by lawyers to acquire the necessary ‘space literacy’ to enable the social and economic benefits that space offers, while managing risks appropriately, would be more than just unfortunate. Lawyers who are conversant with these issues will be an important part of the space ecosystem in the very near future, alongside space-savvy engineers, bankers, mariners, farmers, miners and many others.
What other countries/regions are doing interesting space work? Why?
Space is an important element of critical infrastructure to support the world economy, international trade and investment, strategic thinking, military and national security interests, science and, frankly, the future of humankind. A (theoretical) ‘day without space’ would be disastrous for lives, livelihoods, and economies around the world. We are all in some way touched by and dependent on access to space technology. There is an imperative for every country to enhance its sovereign space capabilities, which creates an interesting ecosystem for increased transfer of technology. According to a 2020 Report by the Organization for Economic Cooperation and Development (OECD), more than 80 countries have now space programmes, and public Research and Development allocations to civil space activities represent about 7 per cent of total government R&D spending.
There are so many interesting innovations, including those around in-orbit servicing and prolonging the life of spacecraft, active debris removal, in-space manufacturing, exploration activities, potential permanent human settlements in space amongst others. The important activities with which Luxembourg is involved represent an important element in this continually developing space ecosystem.
As with everything to do with fragile areas like space, it is vital to continually promote responsible behaviour and adherence to principles and guidelines that seek to preserve the safety, stability, security and sustainability of space. As an active space-faring nation, Luxembourg also has a significant role to play in this regard.
This article was first published in the Silicon Luxembourg magazine. Read the full digital version of the magazine on our website, here. You can also choose to receive a hard copy at the office or at home. Subscribe now.
