Satellite Internet and Laser Links: Are Universal FSO Standards Needed?

Satellite Internet constellations (“SICs”) promise to connect the world, finally delivering on the promise of global connectivity. This Note explains why SICs will only achieve their maximum potential with the adoption of free space optical (“FSO”) communication technologies, which provide massive bandwidth and interference benefits over radio. FSO will yield the greatest possible benefits with standardization through a formal standard development organization. Standardized, with the ability to communicate, collaborate, and consolidate, SICs will provide the greatest coverage and fastest speeds to their consumers. While SIC consolidation will proffer many benefits, it will also bear risks, as large players exert outsized market influence and reduce innovation. Geopolitical competition will make universal standards unlikely, necessitating national and international collaboration.

This paper originated in the 2023 IILJ Space and Planetary Colloquium. It was published in the NYU Journal of Legislation & Public Policy, Volume 26, Issue 4.

Empowering Law in Earth System Models

This blog explores the power relation between law and science in global environmental governance, by resorting to Global Data Law and Infrastructure as Regulation (InfraReg) project at NYU Law. The identification and understanding of global environmental crises has predominantly depended on science, and more recently, data-driven approaches.

Historically, international environmental law has primarily focused on institutional support for environmental science rather than engaging in the substantive processes of its norm creation. However, a paradigm shift is needed. Environmental physical models often form the condition to and/or couple with social system models, directing the creation of climate change scenarios, especially those by the IPCC. These scenarios are widely embraced by governments and corporations with gigantic climate governance impact, while evading scrutiny from international law.

Emerging proposals advocate for examining these processes through the right to science, as enshrined in the ICESCR, and for integrating broader concepts of climate and energy justice. This blog argues that, in addition, an overlooked perspective lies in the inequities of data generation and infrastructure distribution. Given the complexities and chaotic nature of Earth systems, these disparities create profound injustices that cannot be sufficiently addressed through participation and due process reforms. Instead, mobilization of various regimes of international law and institutions is a must.

This piece is part of the American Branch’s first blogging symposium, examining the ILW 2024 theme of ‘Powerless law or law for the powerless?’ from an International Environmental and Energy Law perspective. The blog post builds on insights developed in GGLT’s Planetary Futures project.