NATIONAL space legislation serves as a crucial cornerstone in shaping the trajectory of space industries around the globe.
It lays the groundwork for a nation’s commitment to nurturing and supporting the growth of its space sector.
The significance of industries in driving economic prosperity and contributing to societal well-being positions them at the forefront of nation-building agendas.
History bears witness to the transformative power of legislation and legal frameworks in the success of various industries.
The space industry is no exception.
Just as national strategies and policy frameworks have revolutionised industries from the agrarian revolution to the present day, the space sector requires firmly established and refined national strategies and policy frameworks to flourish.
National space legislation is “a need” and “not a want”, one that we have to work towards as Zimbabwe.
National space legislation is paramount as it provides a clear and consistent framework for conducting space-related activities.
This framework encompasses regulations governing the licensing and operation of spacecraft, including satellites, the allocation of radio frequencies and the liability for damages resulting from space activities.
By establishing this framework, national space legislation fosters an environment conducive to investment and innovation within the space sector.
It instils confidence in stakeholders, enabling them to make long-term commitments and contribute to technological advancements.
Furthermore, national space legislation plays a vital role in promoting international co-operation and collaboration.
By adhering to internationally recognised standards and principles, nations can engage in joint space missions, share resources and leverage on collective expertise.
Typical examples that we have all witnessed fruition to success are the International Space Station Agreement and the Moon Agreement.
Parties to these two agreements managed to leverage on international space law which they had domesticated into their national legislation.
This collaboration not only expands the frontiers of human knowledge, but also strengthens diplomatic relations and fosters peaceful exploration of space.
It is imperative that both government and private sectors acknowledge and embrace the pivotal role of legislation, particularly national legislation, in shaping the success story of a nation’s space industry.
By neglecting or undermining the significance of legal frameworks, nations risk hindering the growth and potential of their space sector.
Therefore, it is essential to prioritise the development and implementation of comprehensive and effective national space legislation that supports innovation, encourages investment and facilitates international co-operation.
National space legislation serves as a fundamental framework for the governance and co-ordination of activities related to space exploration and development.
It plays a crucial role in ensuring the safe, efficient and responsible conduct of space activities while aligning them with our national priorities.
This legislation establishes the legal and regulatory parameters within which government agencies, private entities and research institutions operate in the space sector.
One of the primary functions of national space legislation is to co-ordinate the multifaceted activities of various stakeholders involved in space exploration and development.
This co-ordination is essential to prevent conflicts, ensure efficient utilisation of resources and promote collaboration among different entities.
The legislation outlines the roles and responsibilities of each stakeholder, including government agencies, private companies and research institutions.
It establishes mechanisms for information sharing, joint planning and decision-making, enabling a cohesive approach to space activities.
Furthermore, national space legislation fosters effective government-industry-academia collaborations within the space sector.
It recognises the unique strengths and capabilities of each stakeholder and encourages partnerships that leverage on these strengths for the advancement of space exploration and development.
Government agencies provide regulatory oversight, policy direction and financial support, while private companies bring their technical expertise, innovation and entrepreneurial spirit.
Research institutions contribute scientific knowledge, research capabilities and skilled personnel.
Through these collaborations, the space sector benefits from a diverse pool of resources, ideas and perspectives, resulting in more ambitious and successful space missions.
A clear and comprehensive national legal framework is essential for protecting the interests of all parties involved in space exploration and development.
This framework includes laws, regulations and policies that address issues such as liability, intellectual property rights, data sharing and environmental protection.
It ensures that the rights and responsibilities of all stakeholders are clearly defined and respected, fostering a level playing field and encouraging responsible behaviour.
This legal framework also provides a mechanism for resolving disputes and conflicts, ensuring that space activities are conducted in a fair and transparent manner. Government agencies provide essential licensing and infrastructure, ensuring adherence to safety and regulatory standards.
Industry experts contribute their invaluable knowledge and expertise, driving innovation and technological advancements.
Academia serves as a hub for cutting-edge research, providing the foundation for future space exploration and development endeavours.
The impact of national space legislation is exemplified by the establishment of Zimbabwe’s National Geospatial and Space Agency (ZINGSA) in 2018.
The Research Act [Chapter 10:22] laid the groundwork for ZINGSA, tasked with co-ordinating the activities in space exploration and development.
ZINGSA’s creation underscores the crucial role of legislation in advancing a nation’s space capabilities.
Furthermore, national space legislation facilitates international co-operation in space exploration and development.
By establishing a clear and consistent framework for space activities, it enables the negotiation of international agreements on space co-operation.
These agreements promote peaceful exploration and development, ensuring that the benefits of space exploration are shared by all nations.
National space legislation plays a multifaceted role in the advancement of a nation’s space sector.
It co-ordinates domestic activities, fosters international co-operation, and sets the stage for responsible and sustainable space exploration and development.
By establishing a conducive environment for collaboration and innovation, national space legislation empowers nations to harness the transformative potential of space for the betterment of humanity.
The significance of national space legislation cannot be overstated in the context of domesticating international space law within the framework of each nation.
While international space law provides a well-established foundation with clearly defined key principles, it is essential to acknowledge the fundamental differences that exist among nations.
The guiding frameworks established by the United Nations General Assembly and the United Nations Office of Outer Space Affairs serve as universal broad templates.
However, their scope requires customisation to align with the unique characteristics of each region and nation.
It would be a grave mistake to apply these international legal frameworks verbatim without considering the complexities that arise from disparities in economic strength and industrialisation capacities across nations worldwide.
Additionally, it is imperative to remain mindful of the intricate social and political histories intertwined with the aspirations of communities around the globe.
Therefore, it is critically important to take into account these diversities, which reflect the diverse needs of nations.
In this context, international legislation acts as a foundational template that nations must adapt and tailor to fit their specific industrial, social and economic needs and capacities.
The political agendas and aspirations of each individual State should not be overlooked, as they shape the contextual realities of implementing these instruments.
Recognising and incorporating these factors into national space legislation is vital for ensuring its effectiveness and relevance within each nation’s unique circumstances.
The process of domesticating international space law should involve a collaborative effort among various stakeholders, including government agencies, legal experts, industry representatives, academia and civil society organisations.
This multidisciplinary approach fosters a comprehensive understanding of the legal, technical and socio-political aspects involved in space activities.
It also promotes transparency, accountability and inclusivity in decision-making processes related to space exploration and utilisation.
By embracing the principles of customisation, collaboration and inclusivity, nations can effectively domesticate international space law in a manner that aligns with their national interests and priorities.
This approach contributes to the harmonious co-existence of international and national space laws, enabling nations to harness the benefits of space exploration while upholding their sovereign rights and responsibilities.
The creation of national space legislation is essential for Zimbabwe to become a leader in the space industry on the African continent.
A flourishing space industry can yield numerous benefits, including exponential growth and socio-economic advantages from space exploration.
However, these benefits cannot be realised without a focus on developing comprehensive national space legislation.
The national space legislation serves as the foundation upon which the success or failure of the industry depends.
Recent developments, such as partnerships between Starlink Services LLC, Eutelsat OneWeb’s low earth orbit (LEO) satellite technology network service, IMC Communications, and Liquid Intelligent Technologies in Zimbabwe, further emphasise the need for clear and effective regulations.
While the Postal and Telecommunications Regulatory Authority of Zimbabwe has a mandate to regulate aspects of telecommunications services, its authority regarding the regulation, operation and licensing of LEO network services is unclear and inadequate.
It is crucial to contextualise international space legislation, such as the Convention on International Liability for Damage Caused by Space Objects, the Constitution and Convention of the International Telecommunication Union of 1992 and the Convention on the Registration of Objects Launched into Outer Space of 1974, into Zimbabwe’s legislation.
Zimbabwe’s space activities have evolved beyond relying solely on foreign partnerships for LEO network provision services.
The launch of ZIMSAT-1 on November 7, 2022, at 1227hrs CAT, marked a significant milestone and plans are underway for the launch of ZIMSAT-2 and ZIMSAT-3, indicating growing involvement in the space industry.
It would be a grave oversight for legislators, legal practitioners and the government to ignore these developments given Zimbabwe’s increasing participation in the space industry.
A comprehensive, localised national space legislation is necessary to protect Zimbabwe’s interests and ensure its voice is heard on the international platform of space exploration.
Approaching space exploration as a mere science fiction fantasy is a misconception that could lead to missing out on the immense opportunities offered by this emerging industry.
The impact of space exploration on daily life cannot be overstated, from communication and entertainment to national security, food and agricultural security, wildlife monitoring and conservation and even the mining industry.
Zimbabwe must proactively shape its national space legislation by bringing all stakeholders together to map out a path forward.
It is time to shed complacency and embrace the responsibility of guiding the country’s involvement in the space industry. Only then can Zimbabwe harness the full potential of space exploration and secure its place as a leader on the African continent.
- Tinetariro Blessing Mushoriwa is legal practitioner with a Harare law firm.