Why has multilateral space and spectrum resource management become more difficult?

This paper explains why the coordination of satellite orbits and spectrum use among nations may become more contentious and protracted. The potential for greater risks, delays, and conflicts may occur, despite treaty-level commitments by most nations to promote the peaceful uses of outer space and access to radio spectrum and satellite orbits free of signal interference and collision risk. Heretofore, specialized sectors of the United Nations (“UN”) have worked effectively in forging multilateral consensus on these matters.Since the onset of artificial satellite technology, the UN has created five space-related treaties covering such issues such as freedom of exploration, liability for damage caused by space objects, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, exploitation of natural resources in outer space and settlement of disputes. The International Telecommunication Union (“ITU”), a specialized agency of the UN, has largely achieved the goal of preventing harmful signal interference, formulating technical standards promoting equipment compatibility, and establishing uniform, operational rules of the road. Until now, month long ITU spectrum planning conferences have reached closure on both mundane and critical matters, albeit at a slow and methodical pace.The paper explains how several chronic and emerging factors challenge the successful record of multilateral consensus building on space and spectrum resource management issues. The probability of collisions of spacecraft with other objects, including space debris and harmful signal interference has increased, because the United States has opted to make domestic satellite rules and frequency allocations and in advance of final ITU consideration. Additionally, initiatives by China and Russia to expand the ITU’s mission to include elements of Internet governance could promote balkanization of Internet access and recognize the sovereign right of individual nations to surveil and control access to broadband networks.The paper assesses whether and how UN agencies can continue to establish timely and effective policies and procedures for reducing space debris and the potential for spacecraft collisions, and preventing harmful signal interference. The paper concludes that China, Russia, and the U.S., should renew efforts to promote collegiality, consensus building, and longstanding, shared goals at UN and ITU conferences.