Quasi-Military Use of Large LEO Satellite Constellations: Legal Challenges and Regulatory Approaches

Abstract

The rapid deployment of large low-Earth orbit (LEO) satellite constellations has transformed commercial space infrastructure into a strategically significant component of contemporary security environments. Although these constellations are primarily designed for civilian communication, Internet access, remote sensing, and data transmission, their growing use in armed conflicts for communication support, target positioning, intelligence transmission, and other operational functions has blurred the traditional boundary between civilian and military space activities. This article examines the regulatory responses to such quasi-military use from a comparative-law perspective. It analyzes the legal and policy approaches of Japan, the United States, the European Union, and China, with particular attention to licensing, security review, market-access requirements, state supervision of private operators, and the principle of peaceful use of outer space. The study combines doctrinal legal analysis with comparative analysis of national and regional regulatory instruments. It finds that existing international space law remains the basic normative framework but does not fully address the dual-use character and cross-border effects of mega-constellations. The article argues that future governance should combine international soft-law mechanisms with clearer domestic hard-law rules, enhanced authorization and continuing supervision of commercial operators, and greater transparency in activities capable of supporting military operations.