DEI in Orbit — Why fair and sustainable access to space is becoming a legal imperative

Space law is evolving fast, and Scotland is emerging as an influential voice in developing sustainable and inclusive legal approaches, reports Ellie Philpotts.

Although sustainability is ideally everyone’s responsibility, it’s usually fairly easily defined or contained within clear boundaries. If a company produces waste, the onus is on it to clear it up. But space is distant and not ‘owned’, so who should tidy up its mess?

It’s a pressing question, both legally and ethically. There may be plentiful room in space, but the potential for it to be used to store harmful waste is just as vast. After all, rockets and similarly large technology are associated with debris and disruption that could impact us all.

Back in 1987, the United Nations’ Brundtland Report addressed environmental degradation concerns for future generations. Now, the UK Civil Aviation Authority has comprehensive environmental requirements, and the Scottish Government also seems to take space sustainability seriously. It collaborated with Space Scotland and the Scottish Space Academic Forum on the 2021 Scottish Space Strategy, highlighting plans to “pursue green technologies”.

Five years on, the Journal caught up with Scottish experts to see how the landscape has evolved.

Striving towards sustainability

Space doesn’t strike many as a particularly sustainable setting. Scotland’s specific place on the map gives it many space-based advantages, but also raises concerns about sustainability.

Air traffic travels north towards the Arctic, forming part of intercontinental flight paths to America, while migratory bird patterns are associated with Shetland. More generally, space comes with debris, light and noise pollution, and unknowns about long-term impacts.

After completing an Astrophysics PhD, Dr Nicholas Ross noticed more talk about potential launches from Scotland. He founded Niparo, an Edinburgh-based space sustainability consultancy at the industry-academia-Government interface in 2020, and began a Master’s in Space Law the following year. “Space activities by nature are not very sustainable, which the industry is coming to realise,” he says. “You need lots of energy, components and manufacturing to enter space.”

In Glasgow, Professor Andrew Wilson also nurtures his craft as a space sustainability specialist. Generally, he agrees: sustainability is less integrated than it should be. How do we encourage progress?

“Stricter legislation,” he suggests. “Or incentives such as reduced insurance premiums.”

Andrew authored 'The space sustainability paradox', which argues that space activity will always be somewhat unsustainable, with a “major paradigm shift” needed for full sustainability.

Although he acknowledges sustainability has improved in recent years, private actors have surged. SpaceX’s Starlink dominates the private satellite sector, for instance.

Setting a Scottish example

There was limited wider interest in space sustainability when he began his PhD, but Andrew has observed significant rises in the decade since. He’s not alone: industry collaborators note how Scotland has moved towards global leadership in “sustainable space activities” during this time.

However, he feels the UK lags behind other countries, although, encouragingly, Scotland leads the way in the UK.

In 2024, the Scottish Council on Global Affairs workshopped ‘Scotland’s Global Role in Outer Space Sustainability’, asking if anything space-wise is truly sustainable or whether we’re repeating climate-crisis mistakes.

And responding to growing calls for space environmentalism, Space Scotland established an Environmental Task Force, which developed a 2022 Sustainability Roadmap and updating it i 2025.

Meanwhile, the white paper ‘Sustainability for Space: The case for integrating terrestrial-based environmental impact considerations into UK space sustainability policies and initiatives’ (working title) is due for publication this May. This is part of Andrew’s project on the UK space sector’s carbon footprint, which he will present to the Scottish Parliament imminently.

Officially, though, Scotland is considered part of the UK in this regard, and elsewhere the scene isn’t universally more advanced. The EU Space Act’s proposal only launched in 2025, aiming to “ensure environmental sustainability”, and NASA has a Space Sustainability Strategy, but some feel the US hasn’t contributed as it should.

“There is a balance to be had, and operators will have to carefully consider [space law sustainability] in practice, especially in line with licensing requirements. Currently, the regulator will be the driving force in determining sustainability and it will be interesting to see how this changes. Ideally, there will be more awareness to inform law and policy,” says Toby Kelly-Simpson, a Scottish lawyer on the Space Law and Policy Project Group.

He was drawn to sustainability because “we all have responsibilities to protect outer space, described in the Outer Space Treaty as ‘the province of all mankind’. As all countries are entitled to benefit from space, we should ensure it’s used responsibly. Especially amid climate change concerns, minimising harm is essential. However, there are thousands of non-functional satellites and tonnes of space debris. The problem is already huge”.

Over the border at Northumbria University, Scotland’s influence has made its way to lecture theatres: “Scotland has a rich heritage of working at the cutting edge of space activity. The impact of Scottish firms and pioneering individuals is felt not only in respect of manufacturing, but also in supporting the evolution of the regulatory framework underpinning UK space activity.

“All [have] clear focus on responsible uses of outer space, with sustainability considerations being a driving factor behind much of the innovation,” explains Christopher Newman, Professor of Space Law and Policy.

What next?

It seems clear that there’s much work to be done within space sustainability, both up there and on Earth. As Dundee-based space lawyer Dr Alexander Simmonds points out: “There’s no way space activities will be stopped, and they can be extremely beneficial for economies, scientific research, human exploration… so the law is there to ensure they’re carried out in a sustainable manner and cause as little environmental harm as possible.”

Down here, NatureScot and Friends of the Earth Scotland are examples of sustainability-centric groups. “Space remains a contested area, with defence, military and security applications,” says Nicholas. “I expect commercial companies will become more proactive in dealing with space junk – I can see technologies coming out. But it’s naïve not to realise that space is an extended, dual-use geopolitical arena. I’ve been pessimistic so far, but wouldn’t be here if I wasn’t optimistic!”

His consultancy, Niparo, hosts annual space sustainability summits – most recently at Heriot-Watt University alongside Edinburgh, Glasgow and Strathclyde academics. There, Ray Fielding, Head of Space Sustainability, shared how his organisation, the UK Space Agency, partners across Scotland to “foster greater global collaboration… to help preserve the space environment”.

“UK legislation considers the environment within its space licensing regime. Certain conditions must be fulfilled before an operator can carry out space activity, following it being granted permission by the regulator. A crucial part of the requirements for Assessments of Environmental Effects is that it’s contingent on ‘expected’ effects,” adds Toby.

“This description is a little vague, but opens the scope for reasonable anticipation of environmental harm. The regulator also has the power to grant permission subject to conditions that will specifically prevent environmental contamination. Sustainability isn’t mentioned in international space law, so this is a huge step for space law as a whole.”

Diversity, equity and inclusion (DEI)

DEI is a crucial consideration for law firms on the ground and the same should apply to those that are space based. However, as with other space-related concerns, this can prove trickier.

The Space Industry Regulations 2021 nears 300 regulations – 15 dedicated to ‘informed consent’ and more investigating ‘medical fitness’.

Alexander published a 2023 paper, ‘For all (Hu)mankind? The intersection of mental capacity, informed consent and contract law with UK space law’. He concluded: “The question of informed consent in the context of commercial space travel within the UK is already vexed. This will be complicated further where individuals with mental disabilities are concerned with this process. If access to space for touristic purposes is, however, to be open to all humankind, an equitable approach must be adopted.”

Nicholas reflects on UK space discussions often remaining male-dominated: “Change is coming, but slowly,” he says.

He also considers who space sustainability benefits: “Conversations about space junk can focus on how countries with advanced space programmes continue to operate... You could have international norms, obligations or even treaties that are quite restrictive if you’re a developing country that wants to do something in space. The United Nations remains a great avenue for these discussions.”

As part of further Scottish space diversity research, the University of Strathclyde recently analysed European student mobility in the sector. Its 2025 paper showed “considerable variations in geographical participation”. Western Europe is dominant and there are barriers surrounding language and economics, and a general lack of industry-academia collaboration.

Sustainability setbacks

Some Scottish launches have struggled to get off the ground, which may be good news for environmental campaigners.

Sutherland Spaceport, developed by Orbex, which entered administration in February, is a carbon-neutral site for vertical rocket launches in the Highlands which has met with hurdles. It might seem small, but an adjacent landowner objected to planning permission over environmental concerns back in 2021.

“There was a grand ambition for several UK spaceports. Now, I think it really will be zero or one – if zero, you’ll go back to the European Space Agency and launch from French Guiana,” reveals Nicholas.

“Recent geopolitics, such as the invasion of Ukraine, may make that stronger. There might still be a sovereign or defence security need for UK launches. But I think the commercial case has evolved and perhaps isn’t as strong as it was only a few years ago.”

Future faces

At Glasgow Caledonian University, Andrew finds more interest annually in space, but mainly from international students. “If Scotland is to be regarded a space sustainability leader, we must attract home-grown talent,” he advises.

His student, Abby McNair, planning an Environmental Management PhD, reveals: “My interest in the space sector is how vast and [full of opportunity] it is. Researching strategies that don’t only benefit space, but Earth and our atmospheres, is stimulating. Expanding research into development and growth possibilities for the future within the sector allows for inclusion from areas such as environmental… with plentiful guidance and opportunities.’

Another student shared: “Dundee’s Space Law module enticed [me] because the space sector is witnessing increased commercial interest, yet its domestic regulation is underdeveloped in certain areas. It’s clear: space law interconnects with other topics (sustainability, property law, international law…). Seeing news on space activity provides examples of how space law operates in practice.”

Toby agrees that recent progress is evident, but there’s still some way to go, especially globally.

“Raising awareness of space’s importance, sustainability and general climate change is the way forward,” he says. “I’d assume general law on sustainability may offer greatest change unless the UK chooses to actively focus on the issue. Once the first vertical launches take place, it may become a clearer priority to UK policymakers. I’m hopeful that domestic space law will eventually include specific legislation on sustainable practice.”

Exactly what’s heading towards us in terms of legal and scientific developments is hard to predict. However, regardless of the form it takes, sustainability and DEI are poised to climb higher in industry and public priorities.