The increasing attention on sustainability already reached the activities and regulation of outer space: “the final frontier.” Space-related state- and international action puts traditional approaches to sovereignty and territory, as well as to resulting obligations and state functions in a new light, therefore changing constitutional paradigms and discourse in this realm. Coupled with sustainability and international commitments in this arena, the conventional boundaries of this constitutional discourse need more space, they expand widely and open up to influences from other branches of law as well.

In past decades, the emphasis on hitting sustainability goals has increased significantly through binding and non-binding international instruments but also through European Union law harmonization and national laws as well. This article serves as an introduction to the new United Nations General Assembly resolution draft (The Pact for the Future) and some earlier international documents of the United Nations dealing with sustainability and sustainable uses of outer space (like the Long-Term Sustainability Guidelines).

Essentially, space sustainability consists of two main areas of principles: space debris mitigation and sustainable development. The Department of Economic and Social Affairs of the United Nations has developed the concept of Sustainable Development Goals where they listed 17 goals (SDGs for short) adopted in 2015. These two principles, despite the fact that they look and sound similar, approach the issue of space sustainability from two different sides and are regulated rather differently. These seventeen goals include general targets from which many could be personalized for outer space activities. To exemplify, goal 13 is the “climate action” that could be the space debris mitigation in outer space and goal 17 is the “partnerships for the goals” which could be understood as the principle of cooperation in outer space-related matters. This also shows that sustainable development is a much broader concept and definition than space debris mitigation but also forms a part of sustainable development. These SDGs are non-legally binding concepts but the United Nations expects governments to show intentions to pursue and implement these goals and targets.

The definition of sustainable development was taken from the Brundtland Report (also known as Our Common Future) and is characterized as the definition of meeting the present’s needs without compromising the future generations’ ability to meet their own needs. This serves as a global priority for international cooperation which was already declared in the Rio Declaration in 1992. The Rio Declaration was a legally non-binding document like the SDGs but today, they reflect the characteristics of customary law due to the lapse of time and general international acceptance through active or passive acceptance.

The majority of the five core space law instruments and treaties predate sustainable development’s emergence, some of their general clauses like “due regard”, “harmful contamination”, “for the benefit and in the interests of all countries” and more, which guide the whole legal system of space regulation. Arriving from these principles, space law—as a late area in the development of international law—had thus the opportunity to develop with the sustainable principles’ guidance, giving them a deeper meaning. Space sustainability is the insurance that outer space shall be continuously used for only peaceful purposes that contribute to a socioeconomic benefit for the present and the future as well. This includes the application of environmentally friendly technologies, responsible orbit usage, and the prevention of space debris generation.

The five core UN space treaties were constructed in the late 1960s and in the 1970s, therefore, they naturally do not mention the principle of sustainability and space sustainability explicitly, but their provisions shall be interpreted according to these principles. Article IX of the Outer Space Treaty mentions the cooperation between States and the respect towards the corresponding interests of other States while pursuing space activities which also can be regarded as a constituent of space sustainability.

As mentioned earlier, space debris mitigation is a part of sustainable development and is specifically regulated by international space law. The phenomenon of space debris poses astonishing danger in outer space to other States’ activities and the space environment as well. With the increasing number of space activities (especially non-governmental commercial space activities by the private sector), it became inevitable that space debris needs mitigation due to the fact that a crowded space environment likely causes a greater risk of collision as well. Space debris mitigation is required by several international documents. Its foundation lies in the abovementioned Article IX of the Outer Space Treaty which says that harmful contamination needs to be avoided in outer space. The UN COPUOS (Committee on the Peaceful Uses of Outer Space) was established in 1959, whose working group developed the Space Debris Mitigation Guidelines (SDMG for short) in 2007, on the Committee’s 50^th session, which serves as a soft law instrument in outer space but has a potential to evolve into customary law as well, making it fit to be referenced before the International Court of Justice.

The growing attention around sustainable development and space sustainability in outer space is shown by the increasing amount of international soft law guidelines regarding sustainability. The UN COPUOS introduced the Guidelines for the Long-term Sustainability of Outer Space Activities (LTSG for short) in 2021. This soft law document (indicated also by its name “guidelines”) is for voluntary implementation which aims to encourage states to act according to these given objectives.

The UNOOSA (United Nations Office for Outer Space Affairs) published on September 22 2024 is a pact (accepted on September 20^th) that contains the agreements of the Heads of States from 193 countries. The agreement emphasizes the importance of the Outer Space Treaty (mentioned above) which shall guide space activities and govern state practices in outer space. The document received the name The Pact for the Future which already indicates its sustainability focus. It was accepted on the General Assembly’s 79^th session and was given the agenda number 123. This document serves as an action plan and includes 12 specific actions tailored to achieving the goals of sustainable development. The novum of these actions can be found specifically in the inclusion of financing for achieving these developments. The target year was set to be 2030 (same as for the Agenda for Sustainable Development before) but the action pact generally includes principles that are timeless in their nature. The other important feature of the pact is that it is aimed to be legally binding. The published document is now a draft but the UN COPUOS has the intention to make it legally binding, especially for nuclear and autonomous weapons which in contrast with the previous guidelines would be a huge novum in the area of space sustainability. This is a rather bold move from the Committee as some States are voicing concerns that it restricts national sovereignty and shall be handled nationally, as the UN does not have jurisdiction and authority over such matters.

The echoes after the acceptance of the pact seem optimistic and positive regarding the impact of the new pact. However, what can be seen is that many governments with large space impact (such as Russia) are rather dissatisfied with it, therefore, whether the UN will manage to enforce the provisions of the pact is still questionable.

Dorina BOSITS is a law student at the Széchenyi István University of Győr, Hungary, and an international finance and accounting graduate of the University of Applied Sciences of Wiener Neustadt, Austria. She is currently enrolled for an exchange semester at the Karl Franzes University of Graz, Austria. The main area of her research includes freedom of speech, digitalization, space law, data protection, and financial law. She is a student at the Law School of MCC and a member of ELSA Győr.