Critical analysis from an international law perspective of the United Kingdom's regulatory framework of Space and High-Altitude Activities in the context of changing technology and evolving geopolitical tensions.
Creators: name: Horn, Mark Philip Malcolm
Publisher: name: University of Lincoln
Year: 2024
Subjects: M100 - Law by area
M111 - English law

description: This thesis addresses the absence of a comprehensive critical analysis of UK space policy and law. The central research question is to determine whether the UK’s legal and regulatory structure can achieve the government’s objective of growing the UK space economy. This has been addressed by using the concept of regulatory competition to determine how effective the UK’s space strategy is, and whether the policies pursued, and the laws and regulations put in place, are consistent with that strategy. Subsidiary research questions focus on the potential and motivation for regulatory competition; the critical path that provides the framework for UK space policy; the competitiveness of the UK space economy; and the policies required for effective regulatory competition. Although UK space law is derived from the UN space treaties, those obligations are loosely defined which creates the opportunity for regulatory competition. Optimistic economic forecasts provide the motivation for regulatory competition. A Strength Weakness Opportunity Threat analysis concludes that the UK is in a weak position to achieve its space economy aspirations. The UK’s space policy from 1967 to 2009 was characterised by parsimony expressed through opposition to the formation of a space agency, human space flight programs, and a national launch capability. Parsimony reflected a lack of financial resources, which is why the UK focused on the practical exploitation of space applications. These three pillars of UK space policy were abandoned after 2010 due to the influence of public relations concerns on policy. This resulted in the Space Industry Act 2018 and the Space Industry Regulations 2021. Though the core regulatory framework for the licencing of spaceport, range control and launch licences, raise no concerns as to clarity, certainty, complexity, or cost, there is inadequate detail for the licensing of orbital space-activities. The research identified that the Civil Aviation Authority’s (CAA) approach to risk, to process, and timing, were problematical. The legislation and the associated regulations are too complex, and too many organisations are involved in the process. There is also a lack of clarity in the regulations as to the interpretation of key words and phrases. In addition, the regulations give the regulator wide, discretionary powers, and the appeals process lacks transparency and independence. The adoption of an ‘adaptable, outcomes-based regulatory regime’ does not address critical gaps in the CAA’s competence. The scope of national security law, and the risk of broadening of environmental policy in pursuit of ‘thought leadership’, further undermine the attractions of the UK space economy. The CAA lacks the flexibility and authority to balance the requirements needed to prioritise growth over other policy objectives. Though these regulatory weaknesses could be addressed over time, international entrepreneurs are unlikely to finance the CAA’s learning curve. The failure to develop critical Space Domain Awareness capabilities further undermines the claim of competing through regulation. Since 2010, the UK has aspired to securing 10% of the global space economy by 2030. The research concludes that the regulatory framework is not competitive, and so the UK will not achieve that target.