## 3 Legal Challenges Posed by Mega-Constellations to Existing International Space Law Regime
### Principle of Non-Appropriation
#### 4.2.2 Application of Non-Appropriation Principle to Mega-Constellations
However, while orbital positioning is protected by space law and international communications law, it does not apply to the first-come, first-served concept that applies to orbital placement, which is the de facto appropriation of orbits and frequencies by industrialized countries [102]. This, of course, does not favor developing countries in a sense that they are not able to participate in this \"space grabbing\" and thus does not include appropriation, since it is based on a traditional system of the distribution of access rights. The regime of res communis of outer space does not therefore meet the demand and needs of developing countries or even consider the possibilities for their future access to geostationary orbits, as well as the associated radio frequencies granted [103]. Of course, the WRC-19 made decisions to address this issue; however, some limitations regarding equitable access were identified since the identified spectrum for \(\mathrm{IMT}/\mathrm{5G}\) would overlap with the planned satellite spectrum for ultra-high-throughput satellite systems [104]. The ongoing challenges, like the increased demand for spectrum and the disproportionate accommodation of developing countries' needs, call for new rules or necessary amendments to ensure that a balance is struck and that all states enjoy the privilege of res communis of outer space, as well as a review of the res communis principle. Basing on the argument herein, it is clear that even if the international space law seeks the benefit of humankind, it is insufficient given the argued controversy between the principle of equitable access and the principle of non-appropriation. Furthermore, more mega-constellations have been launched into outer space, and the only control mechanism in place is one based on good conduct. What will happen when one space actor is not on their best behavior? This will of course increase the risk of tragic events given the fact that there is no stable means of dealing with space debris. Moreover, even if space actors do not recognize orbital slots as appropriation, this is inadvertently the case, given the fact that space actors renew their licenses, meaning that they use these slots for decades. It is therefore clear that mega-constellations are legally applicable under international space law, although the risks of interference are increased. It is also clear that the international space legal framework, although working towards addressing these issues, is not prepared to deal with them given how long it takes for international law amendments to be made. The launch and use of mega-constellations have brought to light the loopholes within international space law and thus the challenges that it has not yet been able to aptly solve. The measures put in place to ensure non-interference have proven to be ineffective, as indicated by the reports on astronomical interference [93], collisions, and space junk/debris. There is also a possible violation of environmental sustainability laws. There are currently no strict international rules that regulate or dictate how constellation operators should operate constellations in orbit, especially with the rapid rise in the use of mega-constellations [92]. For instance, the issue of flags of convenience states for launching,the transfer of satellite ownership in orbit, the issue of the acquisition of radio frequencies proportionate to the number of slots and filings, the issue of equitability, and the international regulations on space traffic management pose challenges. These do not have adequate regulations and thus challenge the current international space law regime.