European Union's Space Act's "Right of Way" Rules: Driving the Future of Orbital Traffic

Article 103(3)(a)-(g) of the European Union’s proposed Space Act lists seven factors to determine which actor must move when avoiding a collision. Though Article 103(3) explicitly states that the list is non-exhaustive, the provision is otherwise silent regarding the interpretation of the factors. A sequential interpretation allows for each point to be considered in a simple method by starting with (a) and ending with (g). However, Article 103(3) is unclear whether it can or should be interpreted sequentially. This paper evaluates Article 103(3)(a)-(g) by combining textual analysis with technical considerations and using long-standing principles from aviation and maritime law. In finding Article 103(a)-(g) lacks practicality for sequential interpretation, this paper proposes a re-ordering of the factors (a)-(g). This new order of factors allows for sequential application when determining which actor has the right-of-way in a collision avoidance manoeuvre. Accompanying each of the seven factors is a rule statement for operators’ use during a potential collision. The purpose of right-of-way rules is to provide space actors with predictability in their operations. Resolving conjunction events on an ad-hoc basis threatens operator efficiency and cannot be scaled to larger systems such as constellations. The EU Space Act tasks “Collision Avoidance Space Services Providers” with resolving operator disputes and deciding on a manoeuvre strategy when a collision is imminent. Given this time-sensitive mission, there must be a clear understanding of Article 103(3). Additionally, clarifying the language and application of Article 103(3) reinforces the EU’s sovereignty because comprehensible and effective regulations are more likely to become a global standard.