DOI: 10.5553/IISL/2022065004002

International Institute of Space LawAccess_open

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Getting Right-of-Way Right in Low Earth Orbit – An (Astro)Nautical Conundrum

Keywords Space Traffic Management, Right-of-Way, Rules-of-the-Road, Priority
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    The massive increase in number of satellites launched is transforming Low Earth Orbit (LEO) into a much busier domain. Congestion, conjunctions and risk of collisions will be issues that the international space community will have to solve to ensure sustainable use and access to LEO in the future. Already, tensions over conjunctions and collisions risk, between both commercial actors and between nation states, underscores the urgency of agreeing basic Rules-of-the-Road norms, most notably for Right-of-Way to avoid catastrophic collisions and escalations.
    The current body of international law does not provide any clarity for operators when determining who has priority and who should maneuver in conjunction scenarios. In contrast, Law of the Sea offers clear and globally accepted norms for priority and Rightof- Way. This paper analyses the transferability of the basic parameters and principles used for assigning right-of-way in nautical navigation from a regulatory perspective.

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