A Mad Dash to Orbit: The Regulatory Question of Satellite Mega-Constellations in Low Earth Orbit

The proliferation of satellite mega-constellations in Low Earth Orbit (LEO) has created significant regulatory challenges for existing international space law. Private operators, including Starlink, OneWeb and Amazon LEO, are deploying satellites at a scale and pace that existing legal frameworks were not designed to accommodate. This paper examines two interrelated consequences: the escalating accumulation of space debris in LEO and the absence of an effective Space Traffic Management (STM) regime. Drawing on an analysis of the Outer Space Treaty 1967 and its successor instruments, alongside a case study of the Swarm Technologies incident, the paper identifies structural deficiencies in the current regime, including its state-centric liability framework, fragmented national licensing systems, and non binding debris mitigation guidelines. The paper argues that addressing these deficiencies requires coordinated international action on two fronts: the formal recognition of LEO as a global commons consistent with existing non-appropriation principles, and the establishment of a binding centralised STM regime alongside a liability system capable of extending direct regulatory accountability to private operators of satellite mega-constellations. It further contends that any such reform must integrate equity considerations to ensure that the long-term viability of LEO is preserved for future spacefaring nations.