Quantum Technologies (QT), and their use in space applications, are potentially transformative innovations with fundamental implications for society and the global economy. A new era of QT is emerging in the space domain, with a range of space missions already carrying quantum cryptography payloads. Both the quantum and space domains have evolved as strategically important technology sectors that address some of the major challenges of the modern digital era, and now they are being used inter-operatively. The paper analyses the intersections between these two sectors. It highlights legal and regulatory issues to be considered at this relatively early stage of ‘quantum technology for space’, in particular cybersecurity, data transfer protection and liability. As quantum cryptography becomes increasingly important, it is necessary to assess the extent to which those quantum systems utilised in space missions will comply with applicable cybersecurity regulations, current encryption standards, as well as data transfer and protection regulations. The paper also examines the applicability of the UN Space Treaties.

Among the fundamental principles of outer space law is that space is to be for the benefit of all. This paper demonstrates how the economic implications of this principle are often overlooked or misrepresented in interpretation. The possibility of a more practical, and conveniently moral, interpretation of that principle is explored, ultimately for the benefit of decision makers in space governance. By examining the net social value of space activities through economic observations, this paper suggests a recalibration away from the narrower benefit sharing approach. The paper proposes that a value-oriented interpretation of the principle better ensures NewSpace activities actually bring greatest benefit to humankind and to states.

The global space governance model, in its current form, excludes numerous space activities and allows actors to operate under the wide-ranging and often conflicting interpretations of existing frameworks. Present-day space exploration has extended its notion far beyond government-led and funded missions, and now fully encompasses private sector actors, new technological advances, and services in non-traditional space sectors. So far, numerous efforts and approaches have not shown to be completely effective, and more is needed to provide new order as new space interests, and technologies are pursued and developed. This phenomenon creates a vacuum in the legal order, forcing nations to devise their own rules of the game and compliance mechanisms.
The paper highlights the global space governance landscape and gaps, the factors affecting the current space governance regime and threats to achieving the United Nations Sustainable Development Goals 2030 and propose recommendations for the new space age.

Space activities rely on capital-intensive assets that benefit from deep technical expertise and from economies of scale. Because of these high barriers to entry, and because the practical operational space is ultimately limited, space actors enjoy an early mover advantage, allowing them to cement their leadership vis-a-vis others. The ensuing dynamic can create a secondary barrier of entry for prospective space operators: not only do they enjoy a more limited domain to operate in; they might also be deterred by prohibitive conditions that come with the use of necessary technology. Within market environments, this risk of displacement is typically met through competition and antitrust law. In the domain of outer space, likely due to the primacy of sovereign states as addressee of norms and the assumption of (commercial) space activities as inextricably linked with state action, there is no explicit equivalent. This text argues that the safeguards of the Outer Space Treaty and other sources of international space law contain implicit market power limitations and shows how these can be understood and applied through a treaty-native mechanism. We also suggest that the integrity of a functioning space services market is of immediate concern for emerging space nations. Ultimately, we argue that safeguarding against anti-competitive behavior is both within the spirit of international space law, required by it to a certain extent, and a critical element towards the realization of its underlying premise “access for all”.