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Lex Ad Astra
Non-State Actor Accountability for Space Pollution
Series: - Studies in Space Law, Volume: 26
Outer space has long been considered the last untouched wilderness. However, non-State actors are increasingly active in space, heightening the risk of space pollution. Space law, designed during the Cold War, is State-centric and makes inadequate provision for non-State actors. In the face of this emerging threat, this book examines potential avenues of redress in space law, including the Outer Space Treaty, along with international environmental law, international criminal law, international humanitarian law, and international human rights law. It also reviews the national legislation adopted by space-faring States at the domestic level. In parallel, the book examines the deeper theoretical implications addressing non-State actor conduct under international law. Ultimately, it proposes a ground-breaking new international law instrument to hold non-State actors responsible for space pollution.
Matthew Gillett, Ph.D. (2018), Leiden University, is a Senior Lecturer (Associate Professor) of Law at Essex Law School and the United Nations Chair-Rapporteur of the Working Group on Arbitrary Detention. He has published extensively on international law, human rights, and environmental protection.
Katja Grünfeld is a Research Assistant and PhD Candidate at the Institute of Air Law, Space Law and Cyber Law at the University of Cologne, Group Leader of Working Group Space for the Institute/DLR Project Cologne Manual on the International Law of Space Traffic Management, Member of the Space Law Committee of the International Law Association, and Prospective Member of the International Institute of Space Law with multiple publications in the field of space law.
Iva Ramuš Cvetkovič is a Researcher and Assistant at the Institute of Criminology at the Faculty of Law Ljubljana, and a PhD scholar at the Faculty of Law, University of Ljubljana.
Katja Grünfeld is a Research Assistant and PhD Candidate at the Institute of Air Law, Space Law and Cyber Law at the University of Cologne, Group Leader of Working Group Space for the Institute/DLR Project Cologne Manual on the International Law of Space Traffic Management, Member of the Space Law Committee of the International Law Association, and Prospective Member of the International Institute of Space Law with multiple publications in the field of space law.
Iva Ramuš Cvetkovič is a Researcher and Assistant at the Institute of Criminology at the Faculty of Law Ljubljana, and a PhD scholar at the Faculty of Law, University of Ljubljana.
Preface
Acknowledgements
Notes on Authors
1 Introduction: Regulating Space Pollution by Non-state Actors (
nsa
s) under International Law
1 Setting the Parameters for the Study of
nsa
Accountability
2 Defining the Key Terms
3 The Escalating Threat of
nsa
Space Pollution
4 Space Law Has Been Designed State-entrically
4.1 Conventional Instruments
4.2 Soft Law Instruments
4.3 Conclusion on the State-Centric Formation of International Space Law
5 The Limited Scholarly Attention Given to Regulating
nsa
Space Pollution
5.1 Conceptual Underpinnings of the Increasing Recognition of
nsa
s as Subjects and Objects of International Law
5.2 The Need for Scholarly Analysis of
nsa
Responsibility for Space Pollution
2 Gateway Considerations for the Application of International Law to Space Pollution
1 The Quest to Discern a Prohibition of Space Pollution
1.1 Does International Space Law Prohibit Space Pollution?
1.2 Does International Environmental Law Prohibit Space Pollution?
1.2.1 No-Harm Principle
1.2.2 Precautionary Principle
1.2.3 Principle of Sustainable Development
1.2.4 Principle of Intergenerational Equity
1.2.5 Principle of Common-but-Differentiated Responsibilities
1.2.6 Polluter-Pays Principle
1.2.7 The Principle of Permanent Sovereignty over Natural Resources
1.2.8 Other Bases under International Environmental Law to Prohibit Space Pollution
1.2.9 Conclusion on International Environmental Law
1.3 The Relevance of the Human Right to a Clean, Healthy and Sustainable Environment
2 Conclusion regarding a Prohibition of Space Pollution
3 The Classical Approach: Regulating
nsa
Space Pollution via State Responsibility
1 The Outer Space Treaty and
nsa
s: Key Provisions
1.1 Article
ix
1.2 Article
vi
1.3 Article
vii
1.4 Article
viii
2 Problems Arising from the Exclusive Focus on States to Ensure
nsa
Accountability
4 The New Horizon: Direct
nsa
Accountability under International Law for Space Pollution
1 Two Case Studies Exemplifying the New Threat Emanating from
nsa
s
1.1 Profit-Driven
nsa
s
1.2 Politically-Motivated Violent
nsa
s
2 The Direct Application of International Law to
nsa
s regarding Space Pollution
2.1 Space Law
2.2 International Criminal Law
2.3 International Humanitarian Law
2.4 International Human Rights Law
2.5 International Environmental Law
2.6 Private International Law
2.7 Conclusion on Alternative International Law Domains
3 Operationalizing
nsa
Accountability for Space Pollution: Fora in Which to Proceed against
nsa
s under International Law
3.1 International Courts and Institutions
3.2 Domestic Courts Acting under Universal Jurisdiction
3.3 Domestic Courts Acting under Extra-Territorial Jurisdiction
5 Domestic and Regional Practice: Legislation, Enforcement Frameworks, and Jurisprudence
1 Oceanic States
1.1 Australia
1.2 New Zealand
2 European States
2.1 The European Space Agency
2.1.1 The European Union
2.1.2 France
2.1.3 Germany
2.1.4 Austria
2.1.5 Slovenia
2.1.6 Luxembourg
2.1.7 Belgium
2.1.8 Finland
2.1.9 Denmark
2.1.10 Italy
2.1.11 The Netherlands
2.1.12 Norway
2.1.13 Portugal
2.1.14 Sweden
2.1.15 United Kingdom
2.1.16 Greece
3 North American States
3.1 United States of America
3.2 Canada
4 Eastern European (Non-EU) and Central Eurasian States
4.1 The Russian Federation
4.2 Kazakhstan
4.3 Ukraine
4.4 Armenia
5 South American States
5.1 Brazil
5.2 Costa Rica
5.3 Peru
6 Asian States
6.1 Japan
6.2 Republic of Korea
6.3 China
6.4 India
6.5 Indonesia
7 Middle Eastern States
7.1 United Arab Emirates
8 African States
8.1 South Africa
8.2 Kenya
8.3 Nigeria
9 Additional States with Regulatory Mechanisms Concerning Space Activities
10 International Law Association Model Law for Domestic Systems
11 Conclusions on Domestic and Regional Practice
6 Lex ferenda : Normative Options to Redress Future
nsa
Space Pollution
1 Retrenchment
2 Re-interpretation
3 Reform
4 Conclusions regarding Options to Redress the Gap in Space Law Regarding
nsa
s
5 Insights from the Avenues for Redress regarding the Nature of International Law
7 Overall Conclusions: An Emerging Threat that Tests the Underpinnings of International Law
Annex: Proposed New Protocol to the Outer Space Treaty of 1967 Addressing
nsa
Responsibility for Space Pollution
Bibliography
Index
Acknowledgements
Notes on Authors
1 Introduction: Regulating Space Pollution by Non-state Actors (
1 Setting the Parameters for the Study of
2 Defining the Key Terms
3 The Escalating Threat of
4 Space Law Has Been Designed State-entrically
4.1 Conventional Instruments
4.2 Soft Law Instruments
4.3 Conclusion on the State-Centric Formation of International Space Law
5 The Limited Scholarly Attention Given to Regulating
5.1 Conceptual Underpinnings of the Increasing Recognition of
5.2 The Need for Scholarly Analysis of
2 Gateway Considerations for the Application of International Law to Space Pollution
1 The Quest to Discern a Prohibition of Space Pollution
1.1 Does International Space Law Prohibit Space Pollution?
1.2 Does International Environmental Law Prohibit Space Pollution?
1.2.1 No-Harm Principle
1.2.2 Precautionary Principle
1.2.3 Principle of Sustainable Development
1.2.4 Principle of Intergenerational Equity
1.2.5 Principle of Common-but-Differentiated Responsibilities
1.2.6 Polluter-Pays Principle
1.2.7 The Principle of Permanent Sovereignty over Natural Resources
1.2.8 Other Bases under International Environmental Law to Prohibit Space Pollution
1.2.9 Conclusion on International Environmental Law
1.3 The Relevance of the Human Right to a Clean, Healthy and Sustainable Environment
2 Conclusion regarding a Prohibition of Space Pollution
3 The Classical Approach: Regulating
1 The Outer Space Treaty and
1.1 Article
1.2 Article
1.3 Article
1.4 Article
2 Problems Arising from the Exclusive Focus on States to Ensure
4 The New Horizon: Direct
1 Two Case Studies Exemplifying the New Threat Emanating from
1.1 Profit-Driven
1.2 Politically-Motivated Violent
2 The Direct Application of International Law to
2.1 Space Law
2.2 International Criminal Law
2.3 International Humanitarian Law
2.4 International Human Rights Law
2.5 International Environmental Law
2.6 Private International Law
2.7 Conclusion on Alternative International Law Domains
3 Operationalizing
3.1 International Courts and Institutions
3.2 Domestic Courts Acting under Universal Jurisdiction
3.3 Domestic Courts Acting under Extra-Territorial Jurisdiction
5 Domestic and Regional Practice: Legislation, Enforcement Frameworks, and Jurisprudence
1 Oceanic States
1.1 Australia
1.2 New Zealand
2 European States
2.1 The European Space Agency
2.1.1 The European Union
2.1.2 France
2.1.3 Germany
2.1.4 Austria
2.1.5 Slovenia
2.1.6 Luxembourg
2.1.7 Belgium
2.1.8 Finland
2.1.9 Denmark
2.1.10 Italy
2.1.11 The Netherlands
2.1.12 Norway
2.1.13 Portugal
2.1.14 Sweden
2.1.15 United Kingdom
2.1.16 Greece
3 North American States
3.1 United States of America
3.2 Canada
4 Eastern European (Non-EU) and Central Eurasian States
4.1 The Russian Federation
4.2 Kazakhstan
4.3 Ukraine
4.4 Armenia
5 South American States
5.1 Brazil
5.2 Costa Rica
5.3 Peru
6 Asian States
6.1 Japan
6.2 Republic of Korea
6.3 China
6.4 India
6.5 Indonesia
7 Middle Eastern States
7.1 United Arab Emirates
8 African States
8.1 South Africa
8.2 Kenya
8.3 Nigeria
9 Additional States with Regulatory Mechanisms Concerning Space Activities
10 International Law Association Model Law for Domestic Systems
11 Conclusions on Domestic and Regional Practice
6 Lex ferenda : Normative Options to Redress Future
1 Retrenchment
2 Re-interpretation
3 Reform
4 Conclusions regarding Options to Redress the Gap in Space Law Regarding
5 Insights from the Avenues for Redress regarding the Nature of International Law
7 Overall Conclusions: An Emerging Threat that Tests the Underpinnings of International Law
Annex: Proposed New Protocol to the Outer Space Treaty of 1967 Addressing
Bibliography
Index
Academics, practitioners of space law, institutes, libraries, students studying space law.