GEOSTATIONARY ORBIT AND INTERNATIONAL LAW: EMERGING LEGAL CHALLENGES IN A GLOBALISED SPACE ENVIRONMENT

Abstract

The geostationary orbit (GSO) remains one of the most strategically valuable and scientifically distinctive regions of outer space, providing fixed-position advantages essential for telecommunications, broadcasting, meteorology, and global navigation. Yet, as demand for GSO slots, driven by technological expansion, commercial satellite proliferation, and geopolitical rivalry, intensifies, long-standing legal and regulatory frameworks face unprecedented strain. Through doctrinal analysis, this article critically examines the adequacy of the existing international legal regime governing access to, and use of, the geostationary orbit, focusing on the Outer Space Treaty, the International Telecommunication Union’s allocation mechanisms, and evolving State practice. It identifies emerging legal and policy challenges, including orbital congestion, harmful interference, spectrum scarcity, inequitable access for developing countries, and the implications of private-sector dominance that increasingly test the capacity of the current system. The analysis also considers how global political dynamics, including rising multipolar competition, commercialisation, and disputes over resource appropriation, are reshaping the interpretation of international space law. The article finds that while the current legal frameworks provide foundational guidance, they are increasingly ill-equipped to address contemporary realities, particularly regarding the equitable distribution and sustainable use of orbital resources. It concludes by proposing pathways for legal reform grounded in adaptive governance, enhanced international cooperation, and a re-evaluation of the balance between sovereign interests and collective global responsibilities.