Space-Based Solar Power (SBSP) is one of the boldest and most promising solutions to meet the growing needs for clean electricity and support the global energy transition. The Solaris project, carried out by the European Space Agency (ESA), embodies this technological and strategic ambition: it aims to demonstrate that space could become a major source of renewable energy for the Earth. A key decision on its full development is expected in 2025, marking a decisive step in the history of European space cooperation. However, this pioneering initiative not only raises colossal technical challenges: it also highlights legal and regulatory issues that are still largely unexplored, calling for a profound overhaul of international space law and the training of a new generation of specialized lawyers.
The SBSP principle: giant solar panels in geostationary orbit capture solar energy 24 hours a day, free from weather constraints or from the day-night cycle, and then transmit it to Earth by microwave beam or laser. According to Thales Alenia Space’s studies for ESA, an orbital demonstration could take place as early as 2030, and a first operational station around 2040. Behind this technical feat lies a worrying legal vacuum.
An international framework unsuitable for space energy issues
Modern space law, based on the 1967 Space Treaty, defines space as the « province of humanity » and prohibits any non-peaceful appropriation and use. The 1972 Liability Convention holds States responsible for the damage caused by their « space objects ». Designed in the Cold War era, these texts did not provide for the massive commercial exploitation of orbital solar energy.
The International Telecommunication Union (ITU) manages frequency allocation, but its rules do not apply to high-power energy beams. These procedures will need to be reviewed to ensure secure transmissions without disrupting existing communications. In addition, issues of radiation safety and the environmental impact of beams remain unregulated.
Responsibility : legal and insurance issues
Who would pay if a beam deviates and causes damage? The 1972 Convention provides for absolute responsibility of States for damage to the Earth’s surface, but does not address continuous energy transmissions. States will have to define the sharing of responsibilities between public and private operators, create appropriate insurance mechanisms and establish cross-border compensation procedures.
The space insurance market will have to invent new insurance coverage: risks related to energy beams, service interruptions, electromagnetic interference, in addition to traditional dangers (debris, collisions). The amounts at stake will exceed the current capacities, possibly requiring state guarantees or international pools.
Solaris : European legal laboratory
ESA uses Solaris as a regulatory testing ground. Beyond the technical challenges, the project integrates legal components from the design phase to anticipate political blockages. But not being a state but an intergovernmental organization, the agency depends on its 22 members, each with its own space legislation.
Moreover, France has a law on space operations (2008), Germany has its own law (2007), and Luxembourg has specialized in space resources (2017). This diversity complicates the essential harmonization. The European Commission could coordinate, but its spatial skills remain limited.
The rise of « space energy lawyers »
Faced with this complexity, a new legal specialization is emerging: the lawyers of « energy spatial law ». The latter must combine space law, telecom regulation (ITU), energy law, international responsibility, export control, cybersecurity, intellectual property and the space environment. ESA is already recruiting these hybrid profiles, and firms are developing dedicated departments.
ESA is actively recruiting these hybrid profiles, while large law firms are developing specialized departments. These lawyers will negotiate orbital coordination agreements, structure in-orbit assembly contracts, define liability clauses for the sale of space energy and develop international compensation mechanisms. Their role will be key in transforming technical prowess into a viable business model.
Towards a new legal paradigm
The Solaris project is not only a technological challenge: it is an opportunity to build governance for the space economy of the 21st century. The decision expected in 2025 will not only focus on technical feasibility, but also on our ability to legally frame the transmission of solar energy from space, without transferring risks. Europe, by investing this pioneering legal expertise, could become a world leader in space energy regulation.
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Étudiante en Master 2 Droit et Gestion des Énergies et du Développement durable à Strasbourg