Open Access Research Article
ENSURING SUSTAINABLE SPACE EXPLORATION AND MITIGATING SPACE POLLUTION
Published Paper
Article Details
ENSURING SUSTAINABLE SPACE EXPLORATION AND MITIGATING SPACE
POLLUTION
AUTHORED BY
- AMAN
Student
B.A. LL.B(H.), 5th Year, Law College Dehradun,
Uttaranchal University, Dehradun- 248007,
Uttarakhand, India
CO-AUTHOR -
DR. KHALEEQ AHMAD
Assistant
Professor, Law College Dehradun,
Uttaranchal
University, Dehradun-248007, Uttarakhand, India
Abstract
This research paper revisits the key challenges of space sustainability and the dilemma
of space pollution, and suggests viable
solutions in promoting
the long-term sustainability of humanity’s activities in outer space. This research
paper reflects an interdisciplinary perspective encompassing environmental, technological and economic aspects
to provide some policy recommendations.
Starting from the dual perspective of prevention and treatment, this paper proposes that, given the exponential
growth of space debris and space traffic in the next 20 years, it’s of paramount importance for us to create better
legal frameworks, both within countries
and among nations, to manage the situation. Drawing from international
experience and practice, this paper
lays out the legal frameworks that can be easily introduced, including both prescriptive and preventive rules and standards
to curb space
pollution. These frameworks include international cooperation among the space-faring
nations and private entities, relevant liability
and insurance regulations, and the establishment of global space traffic
management mechanisms and systems.
Keywords: Space Pollution, Sustainable Outer Space, Space Traffic Management, Environmental Sustainability,
Space Law
1.1
INTRODUCTION
As space has been colonized, this footprint has grown larger and more
complex. But with the growing
complexity, a coherent framework for the sustainable use of outer space has
become critical with the challenges
the growing litter of space poses to the safe use and the future of sustainable use and development of outer
space. There are many satellites slated for launch, and intertwined with every one of them, literally, are pieces of Pollution created
as a result of operations in
space. It is not an exaggeration to say that one day outer space might look
more like garbage-filled outer space than the clean expanse
of its current designation. This Article is an
attempt at laying out the contours of such a framework in order to allow for a
sustainable use of outer space. Legal
research has been synthesized with case laws and specific statutes to balance the requirement of a pressingly
important area of law with the accessibility that requires breaking
the mould of specialization in a manner that allows
for a fine-lined storyboard to be
told with all the necessary depth and detail that such a nuanced
subject deserves.
So far, it’s the only part of the Universe that we’ve altered, and we
alter it for a purpose: by producing
more waste, we make space more accessible to those who follow us. Cosmic archaeologists of the millennia hence will
be able to explore our garbage to learn about our activities. By far the most pervasive type of space Pollution is any defunct
or fragmented object
in orbit around Earth. There are currently more than 34,000 objects
larger than 10 cm in diameter and up
to millions of even smaller ones which, according to the European Space Agency
(ESA), could inflict catastrophic damage on satellites and manned spacecraft.[1]
This ever-expanding cloud of Pollution magnifies the threat of Kessler
Syndrome, a scenario where the
density of objects is high enough in Low Earth Orbit (LEO) to allow or induce objects to collide, create more Pollution,
and precipitate a runaway effect – when ‘if an object of the right size and speed is present… a collision will
occur’. Such a scenario risks making activities in space, and the use of satellites, unsustainable, potentially crippling everything from global
communications and weather
forecasting to national security.
Consequently, requirements for space sustainability are thus as much
about protecting and ensuring the
continuity of the outer space environment as they are about continuing the use
of the most vital space-based systems important to modern
civilizations.[2]
There is a two fold challenge with space Pollution: the mitigation of
current Pollution and the prevention
of negligible. There is currently no international agreement on how to dispose
of Pollution and it is a a growing
problem.[3]
As the number of satellites increases, including large
constellations (perhaps hundreds
of thousands of satellites) that are being envisioned by several
companies to bring the internet to everyone on Earth, space traffic management becomes even more important. At present, space
traffic management revolves
around voluntary guidelines with no mechanism
for enforcement.
After all, the danger of collisions is caused by all of the problems
mentioned above. These collisions can
lead to loss of operational satellites, endanger manned missions to space, and contribute to the explosion of the space
Pollution problem. But we have seen what can happen
in space when situational awareness and space traffic
management are not exercised carefully. When an active
commercial Iridium satellite
collided with a decommissioned Russian
military satellite in 2009, it created more than 2,000 separate pieces of space Pollution.
·
Statutory mitigation and remediation measures:
Suggesting legal steps that can be taken in order to encourage those who launch
objects into space to adopt mitigation measures and contribute to efforts to
remove Pollution, potentially through amendments to existing space legislation
or new legislation at the national and international levels.
·
Space Traffic Management (STM) – Develop a framework
for transnational STM law, including provisions for object registration,
tracking and management. International standards will need to be developed and
integrated into national laws.
·
Liability and Insurance: Defining and extending the
current legal framework on liability for damage caused by space objects and
requiring insurance for space missions as a condition of approval, so that loss
or potential damage can be adequately compensated as much as possible.
·
International Cooperation and Governance: Enhancing
international cooperation and governance to facilitate the enforcement of the
legal regime. This may include the role of international organisations
(existing and new), such as the United Nations Committee on the Peaceful Uses
of Outer Space (UNCOPUOS).
In so
doing, this fantastically ambitious tour of space law seeks to take us, here
and now, ever closer to a legal framework for space activities that anticipates
and can adapt to our needs as we come together to endeavor to sustain space
exploration activities – not just those of those who came before us, but also
those who lie ahead.
1.2
THE CONCEPT
OF SUSTAINABILITY IN OUTER SPACE
A
sustainable space practice is one that makes sure not only that the environment
is protected, but that space operations are able to continue — in principle, indefinitely. Sustainability entails
an ideal governance that is encompassing enough to maintain
the integrity and usability of space
for the long term.[4]
1.2.1
Definition and Dimensions of Sustainability
Environmental Sustainability: The
capacity to enable the continued and responsible use of outer space for present
and future generations. This aspect is primarily concerned with space Pollution
and the avoidance of biocontamination, and necessitate: (i) mechanisms for
responsible satellite disposal and (ii) mitigation solutions to ensure
perpetual usability of key orbits.
Technological Sustainability:
advancing space technologies in a manner that enables sustainable space activities for the long-term, including the development and deployment of technologies for satellite designs,
propulsion systems and space Pollution removal that minimize space
Pollution creation and enable sustainable and
responsible use of space resources.
Economic Sustainability: Space
activities can be carried out safely and sustainably for current and future generations, to bring economic
and social benefits
while minimizing adverse
environmental impacts, such as the long-term sustainable use of space resources, the efficient use of orbital
space, and the establishment of sound regulations promoting sustainable
space commercial activities.[5]
Taken together, these dimensions
suggest, quite simply, that engaging in space activities in a ‘sustainable’ manner across
all four dimensions will be exceedingly difficult to achieve
without coherent and robust
national regulatory regimes (whether through public or private means), as well as
effective international regulations
and standards.
1.2.2
The Kessler
Syndrome and Space Pollution: Understanding the Risks to Sustainable Space Operations
A major
threat to safe, long-term space operations is Kessler Syndrome – a situation in
which the number of objects in Low Earth Orbit (LEO) is high enough that a
collision between objects will create a cascade of further collisions. Donald J
Kessler originally described this scenario in 1978. Space Pollution – the
stockpile of non-functional satellites, spent rocket stages and fragments from
disintegrations, collisions and explosions – is a serious hazard to further
space activity.[6]
the higher
the risk of collisions between space Pollution and operational spacecraft and satellites, with potentially catastrophic
effects on essential services such as global positioning systems (GPS) navigation, weather forecasting and communications Translation: safely operating
spacecraft and satellites is more challenging as more space Pollution crowds
into ever-smaller orbital
areas. Just two examples of recent historically problematic space- environmental interactions are the 2007
test firing of a Chinese anti-satellite missile, raising fears of a new space arms race and complicating future long-term
human spaceflight (think: creating a
new historical waste dump with no means to reach it), and the 2009 collision of
a Russian satellite with an Iridium satellite, compounding the growing threat
that space Pollution
poses to sustainability in space.[7]
Ensuring technological standards to avoid the creation of orbital junk and establishing international Pollution mitigation guidelines are possible
avenues to mitigating the problems posed by space Pollution
and Kessler Syndrome.
End-of-life disposal requirements for satellites must be
adopted and, for a more complete solution, technological means for the removal
of Pollution must be funded and developed. The legal realm must also change in order to account for these strategies. Space actors should be created
obligations to take practical steps
towards the prevention of Pollution generation and the
collective clean-up of
Pollution.[8]
1.2.3
Space Traffic
Management (STM): The Role of STM in Achieving Sustainability
Space Traffic Management (STM) is a critical component
of sustainable outer space operations. It refers to any service
or technology needed
to prevent collisions in outer space or to coordinate satellite
orbits including the tracking of space objects,
the distribution of conjunction (close-approach) data, and the coordination of maneuvers to mitigate collisions.[9]
The effective use of STM requires international, multilateral
cooperation, which inevitably means the establishment of global standards
and norms, and advances in space situational awareness (SSA) capabilities that help pinpoint
accurately the location,
trajectory and potential collisions of an increasingly huge number of objects operated
in space. In turn, the existing legal
frameworks need to be upgraded, improved and adapted to reflect these
requirements by fostering the conditions for sharing SSA data, allocating responsibility for avoiding
collisions, and enabling future technological development.
Further, STM can mitigate the risks of space Pollution and the Kessler
Syndrome by preventing collisions leading to more Pollution. From an environmental
perspective, by preventing such collisions,
STM directly mitigates efforts to decongest space Pollution. From an economic view, it ensures
that space operations remain viable by protecting satellites and spacecraft from damage
caused by Pollution. Technologically, it drives innovation in SSA, mitigating
and avoiding space Pollution, and
collision avoidance.[10]
1.3
MEANING OF SPACE POLLUTION
Space pollution (or space junk) is the accumulation of human-made objects
that no longer serve their intended purpose while orbiting or
travelling through the space environment. Space pollution consists
of the presence of spacecraft stages, non-functional satellites, stray fragments of in-orbit pollution, and even ablated
paint from surface
re-entry partitions that accumulate in space.
This collection of broken and discarded human-made space artefacts slowly
builds up in space, with potentially
dire consequences for space operations and the space environment. Potential hazards of space pollution are
collisions with functioning spacecraft and satellites, activities directed towards
the mitigation of space pollution are vital to the survival
of space as we
experience it today. For instance, the possibility of high-velocity collisions
might result in space junk crashing
into other satellites and ultimately causing catastrophes. What’s more, space pollution – especially the use of
plastics – has a lasting impact on the sustainability of Earth’s communities, and we are just beginning to understand how
human-generated space pollution is affecting life on Earth as well.
1.4
IMPACT OF SPACE POLLUTION
What has come to be known as space pollution, or space pollution or space
junk, is the accumulation of defunct
human-made objects in a space environment. The objects can be of different
sizes, from spent rocket stages and dead (non-operational) satellites to small fragments
originating from collisions and explosions. The consequences of space pollution can be profound and multifaceted:[11]
·
Collision Risk: The most pressing and provocative
conception of an adverse impact from space junk is the heightened risk that
collisions will occur in orbit. Such collisions can generate more pollution in
a kind of space junk feedback loop known as Kessler Syndrome: if the density of
objects in (for example, low Earth orbit: LEO) becomes sufficiently high,
collisions will take place at such a pace that certain portions of the paved
roads in space will become unusable.
·
Threat to Spacecraft and Satellites: Orbital pollution
is a real threat to operational spacecraft and other satellites. Even small
fragments could cause serious damage to spacecraft in orbit. Smaller satellites
such as the International Space Station (ISS) and other crewed missions cannot
manoeuvre to change their orbits as easily, thus they face a higher risk of
collision.
·
Satellite functionality: pollution impacts also
disrupt satellite function and could cause total loss of satellites. For
example, a satellite that sustained a pollution impact might no longer be able
to function or could be lost altogether, thereby affecting communications,
weather forecasting, navigation or Earth observation services.
·
Space Sustainability: The more pollution there is, the
more difficult it is to operate in space in a sustainable manner. Future space
missions, especially crewed missions to the Moon or Mars, might face an
elevated level of operational risk and operational challenges because pollution
will reside in Earth orbit.
·
Economic consequences: Pollution remains one of the
most damning obstacles space businesses have to overcome. Crashes tend to
destroy one or several expensive satellites and spacecraft, hence writing off
investments for many companies and governments. Not to mention potential
mission financial losses due to designing space pollution mitigation measures
into a mission (pollution avoidance manoeuvres or spacecraft shielding), should
the pollution risk be deemed substantial.
·
Long-Term Environmental: Space pollution would also
have serious long-term environmental issues. Space pollution has been found to
persist for decades or even centuries, so it will remain a persistent threat to
any space missions later in time. The build-up of space pollution could
eventually start affecting humanity’s ability to access outer space: if enough
pollution gathers in orbit, there could come a point where some orbital regions
become so dangerous to navigate through that outer space may be off- limits to
human activities for a long time.
It
will take international cooperation to chart the best course for addressing
this challenge, and to implement collective efforts to mitigate its
consequences. Among the manoeuvres will be pollution removal missions, better
space traffic management and the design of spacecraft that create as little
pollution as possible.
1.5
SUSTAINABLE DEVELOPMENT GOALS (SDGS)
AND SPACE SUSTAINABILITY
Created by
the United Nations in 2015, the Sustainable Development Goals are a collection
of increasingly urgent global aspirations and targets to end poverty and create
a more resilient and prosperous future for all by 2030. The 17 SDGs tackle a
wide range of social, economic and environmental issues, most often with a
terrestrial focus. But space is being recognised as playing an ever-greater
role in realising the goals’ objectives. By considering the SDGs in the context
of space, it becomes clear that the use of outer space must adhere to the same
principles of responsibility, equity and rationality as the pursuit of our
ambitions on the ground.[12]
1.5.1
Environmental Sustainability (SDG 6, 12, 13, 14, 15)
SDG 6 (Clean Water and Sanitation): This goal is closely associated with
the sustainability of the Earth’s
water resources, but both its aims and means can be applied
to the sustainability of space
environments.
SDG 12 (Responsible Consumption and Production): Encourages sustainable management and efficient
use of natural resources. In space, this means minimising space debris,
promoting responsible end-of-life
management of satellites and promoting the development of clean technologies.
SDG 13 (Climate Action): Action on climate
also extends to space environments, since space- based technologies are either already
used, or will also become important in monitoring and mitigating climate
change. For example, we should
sustain these technologies over time.
SDG 14 (Life Below Water) and SDG 15 (Life on Land): These goals
encompass marine and terrestrial
ecosystems, but the general principle about protecting natural environments
applies to the space domain,
too, with the aim of minimising (where possible) harmful operations in space
that potentially could affect the Earth’s environment.
1.5.2
Technological Sustainability (SDG 9, 11)
SDG 9 (Industry, Innovation and Infrastructure): Develop
resilient infrastructure that promotes sustainable industries and innovation. In the context
of space sustainability, this means developing interference-free technologies such as novel satellite designs
and propulsion systems,
as well as technologies for active debris removal.
SDG 11 (Sustainable Cities and Communities): Space habitats and
infrastructures should be built
according to the principles of sustainable urbanisation – space stations and
habitats that minimise waste and make maximum use of the available resources.
1.5.3
Economic Sustainability (SDG 8)
SDG 8 (Decent Work and Economic Growth):
to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent
work for all SDG 8 aligns directly
with the concept of space economic development, which means ensuring that space activities are economically
self-sustainable and contribute to the world economy, and that orbital resources are not wasted. Regulatory policies play a key role in stimulating the persistent development of a sustainable and viable commercial space sector.
1.5.4
Global Partnership (SDG 17)
SDG 17 (Partnerships for the Goals): “Strengthen the means of
implementation and revitalise the
global partnership for sustainable development.” Global partnerships are key
for space sustainability. International cooperation can help develop and enforce international regulations and
standards for space activities, share space situational awareness (SSA) data
and develop international cooperative mechanisms in response
to space debris
and for tracking space traffic.
1.6
ROLE OF UN TREATIES
AND CONVENTIONS
The quest for sustainability in outer space is intrinsically linked with
the development and deployment of
international space law – the legal framework that regulates space activities through a set of rules promulgated under
the auspices of the United Nations. These laws have evolved alongside space activities themselves, but as such
activities have grown both in scope and in magnitude, there is now a renewed debate concerning
the extent to which these laws
remain fit for purpose in ensuring the long-term sustainability of outer space.[13]
1.6.1
The
Outer Space Treaty: Overview and Analysis of Its Principles Relevant to Sustainability
International
norms provide a fundamental framework for congress to work within to mean
Congress can survive Codified in 1967 and entering into force five years later,
the Outer Space Treaty (OST) –which forms the bedrock of international space
law – is a quintessential aspirational document: It embodies the objectives of
the Treaty, of which the principal one is: The exploration and use of outer
space, including the Moon and other celestial bodies, shall be carried out for
the benefit and in the interests of all countries, irrespective of their degree
of economic or scientific development, and shall be the province of all
mankind.– Article I The principles enunciated within the document are many and
interrelated. Those that are germane to sustainability are:
·
No appropriation of Outer Space: The prohibition of
‘national appropriation of celestial bodies’ contained in Article II OST is a
clear and unambiguous conflict-avoidance rule. It excludes from the outset the
meaningful appropriation of any part of outer space, severing the relationship
of control over space operations that could otherwise lead to a space race, and
its potential equivalent in space, free from any such qualifications to the
basic rule.
·
Freedom of Exploration and Use: Article I state that
‘outer space is not subject to national appropriation’ and thus ‘shall be free
for exploration and use by all States without discrimination of any kind’. This
would imply a shared duty not to endanger long-term sustainability of space.
·
Article VI: State Responsibility for National Space
Activities: Each state party to the Treaty shall bear international
responsibility for national activities within the meaning of Article I of the
Treaty.
·
International Cooperation and Assistance: Article IX,
which recommends international consultations and cooperation to avoid harmful
contamination of space, is also specifically relevant to sustainability issues.
The OST
states guidelines but its open-ended nature demands more implementation-focused
specifications to apply to modern sustainability challenges connected to space
traffic management and space Pollution.[14]
1.6.2
The Liability
Convention: Liability Issues and Their Implications for Sustainability
The
Convention on International Liability for Damage Caused by Space Objects (the
Liability Convention [LC]) fleshes out the liability regime of the OST,
providing a satellite operator strictly liable for any damage their object
causes on the surface of the Earth or to aircraft in flight, while they are
liable for damage in space only if they are at fault. Absolute liability prior
to fault, at least for spacecraft damage on the surface of the Earth or to aircraft
in flight, provides a welcome deterrent against negligent behaviour in space
activities. This convention on civil liability provides a key to understanding
sustainability, since it is designed to induce responsible conduct. However,
the Liability Convention’s post-damage liability scheme has been critiqued for
lacking to preventive features to adequately incentivize the reduction of space
Pollution.
1.6.3
The Registration Convention: The Role of Satellite Registration in Sustainability
At
least ostensibly, the Convention on Registration of Objects Launched into Outer
Space (known as the Registration Convention) obliges states
to provide information concerning every space object to the United Nations. This
registry serves as a public record of space objects, which is useful for space traffic management and Pollution
tracking. Making space activities more transparent through compliance with the Registration Convention will indirectly support sustainability by enabling better monitoring and tracking of space objects.
However, shortcomings in compliance and the difficulty of tracking small Pollution limit the value of the Registration Convention in alleviating the current Pollution
problem.
1.6.4
The Rescue
Agreement: Implications for Human Spaceflight and Sustainability
The Agreement on the Rescue of Astronauts, the Return of Astronauts, and
the Return of Objects Launched into
Outer Space (Rescue Agreement) addresses the rescue and return of astronauts in distress (Article II) and
the return of space objects landed outside the territory of the launching state (Article III). This
agreement is void with respect to matters not covered by it. But, that aside, the Rescue Agreement
does touch specifically on the principle
of sustainable use – by emphasizing cooperation. Sustainable use is not possible
without this spirit
of cooperation.[15]
1.7
ISSUES AND CHALLENGES TO SUSTAINABLE SPACE
ACTIVITIES
The road towards a more sustainable space is riddled by many legal,
technological and geo- political
hurdles, which would require a coordinated effort from the international
community to draft strong regulatory
frameworks for sustainable space activities. This outlines the major obstacles
to sustainable space activities and offers possible
legal and technical solutions.
1.7.1
Space Pollution
Mitigation: Legal and Technological Challenges
Outer space activities are threatened by increasing volumes of outer
space Pollution, and the collision
hazard to operational satellites and manned spacecraft in orbit is becoming a
serious concern. The escalation of
Pollution may ultimately lead to what is known in space science as the Kessler Syndrome, the point at which
the orbital Pollution-density is high enough so that any random collision
in low Earth orbit results
in a cascade of collisions, making certain orbits
unusable.[16]
·
Legal challenges: At the international level,
guidelines on space Pollution mitigation (e.g., those developed by the
Inter-Agency Space Pollution Coordination Committee (IADC) and adopted by the
United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) are
non-binding, i.e., voluntary and not enforceable. The most serious legal
challenge is the development of a binding international treaty or agreement
that mandates compliance with technical mitigation standards by states and
non-state actors.
·
Technical hurdles: The technical challenges of
removing existing Pollution are formidable. Existing technologies for Pollution
removal, such as nets, harpoons and lasers, are still at the experimental
stage. Until they are ready for deployment, they also need to be developed and
tested, demanding large investments and the participation of multiple
international stakeholders. There are also legal issues of sovereignty (does
active removal constitute an intervention on the space objects of another
country?) and liability.
1.7.2
Collision Avoidance: Legal Frameworks for Cooperation and Information Sharing
Space-object
tracking and collision avoidance measures are essential for the continued
sustainability of space operations. This requires governments and space actors
to share their space-object information in a timely and responsible manner.
·
Legal frameworks for cooperation: There currently
aren’t any existing legal frameworks that require countries or government and
private sector actors to share SSA data – a condition for cooperative
engagement would be an agreement on the standards for data exchange, levels of
confidentiality, and protections of sensitive data.
·
Shared knowledge: The problem here is creating an
incentive structure in which space actors are willing to share SSA data and
information. There is often mistrust, especially between governments who
implement civilian and military uses of dual-use technologies. One possible
solution could be an independent international body with a mandate to collect,
verify and distribute SSA data to all space actors.
1.7.3
Spectrum
and Orbital Slot Management: Legal Issues Related to Overcrowding and Interference
This
requires careful coordination since the radio-frequency spectrum and slots in
geostationary orbit are finite, and overcrowding and interfering can compromise
their integrity and reliability.
Although
ITU serves as the central reservation system for the radio-frequency spectrum
and orbital slots, it has started
showing signs of stress due to the growing demand. As the number of satellites continues to grow, as well
as the number of mega constellations, the question of whether the existing
regulatory frameworks can effectively prevent
interference among satellites and with terrestrial systems,
which also use the same frequencies, is a promising research field to explore. In particular, multilateral
enterprises must also manage these issues in a way that avoids the negative consequences of just-in-case thinking
and instead furthers
the goal of more sustainable and equitable access to space in the decades ahead.[17]
1.7.4
Dual-Use Technology and Security Concerns:
Balancing Peaceful Use with Security
The
dual-use nature of space technology (in other words, technologies that can be used
for both civilian and military purposes) pose some of the greatest challenges
to ensuring the sustainability of space activities. Security concerns about
those technologies can hinder international cooperation and the sharing of data
or technology.
Despite the
spirit of the pronouncement in the Outer Space Treaty of 1967 regarding the peaceful use of outer space, few space
technologies nowadays can claim to be exclusively civilian or exclusively military in nature. This ambiguous
nature between civil and military capabilities
presents a challenge in formulating space policies given the requirements for equitable access to and the societal
benefits derived from space technologies, combined with the fear of the misuse of these same technologies in times of war and insecurity. Currently, the relevant
international legal regimes tend to foster transparency and encourage
confidence- building measures to
address such apprehensions among space-faring countries. These are sound starting points,
but agreements on the non-weaponization of outer space – and embargoes
on an arms race in outer space – as well as the broader adoption of sustainable practices
could greatly enhance the space
environment’s protection.[18]
1.8
CONCLUSION
The ballooning of space activities and the growing
amount of space
pollution further shows the importance of a strong and far-sighted
legal regime to govern the safe and sustainable use of outer space. Today, the cornerstones of the current
international space law system include the
Outer Space Treaty (OST) and the Liability Convention, but these
conventions do not even begin to
tackle the issues posed by space pollution and commercialisation. A key
obstacle is how to manage and mitigate space pollution, critical
to the future viability of space operations. The threat of ‘Kessler Syndrome’, in which collisions between
space pollution create further pollution,
could eventually make LEO unusable – a scenario that would be catastrophic for satellite operations, global
communications, weather forecasting and national security. It is vital that we apply mandatory pollution
mitigation standards to all space activities, including developing and deploying technologies for the active removal of
pollution and having end-of- life disposal requirements for satellites.
STM requires enhanced
international cooperation and requires the creation of global standards and norms. Improved space situational awareness (SSA) will be
necessary so that we can accurately determine
the location and trajectory of space objects
to reduce the risk of collisions and the creation of new pollution. A
transnational STM regime that integrates into national laws would help to
coordinate satellite orbits and exchange conjunction data.
Correspondingly, the legal and regulatory framework governing liability
and insurance must be strengthened to ensure that those actors
responsible for space pollution are held accountable for their actions. The current regime under the Liability
Convention – which is based on ex- post,
damage-based compensation – fails to sufficiently incorporate preventive
measures. Extending liability to
encompass non-state actors and requiring the taking out of insurance for space missions can incentivise
responsible behaviour and provide a financial safety net for mitigating potential damages. Any
guidelines for sustainable activities in space would require international cooperation and
governance. Existing organisations, such as the United Nations Committee
on the Peaceful Uses of Outer Space (often referred
to by the acronym UNCOPUOS), would need to be empowered to enforce legal regimes and facilitate cooperation among space-faring nations. Also, new international agreements
(or treaties) would be needed to require
compliance with pollution mitigation standards and principles of equitable use. Here again
the private sector
can be engaged, as space activities increasingly are. In this sphere, legal frameworks should enable commercial interests while also balancing them against environmental protections, and include
sustainability considerations in licensing requirements and enable markets for pollution-mitigations technologies.
Educational and awareness-raising efforts
to foster a sustainable space culture in new space actors can be implemented by international organisations, space agencies
and universities to help stakeholders understand the legal, technical and ethical implications
of space activities. Public outreach and advocacy can also scale support
for sustainable approaches to address space activities, and provide inspiration about how the
benefits of space use manifest, and contribute to our real world.
In conclusion, sustainability in outer space is a complex and urgent
challenge, which can only be
resolved in a coordinated global fashion. For this purpose, strict pollution
mitigation standards, a global STM
system, more robust liability regimes and insurance frameworks, and increased levels of international
cooperation are essential to ensure the short- and long-term sustainability of space activities. The
road towards a clean, safe and sustainable outer space is long, and will require constant
innovation, cooperation and responsible behaviour. The future of space activities is in our own hands,
but we run the risk that, should
we fail to exercise good stewardship, it may fail us in the long term.the way, but it is a goal that can be achieved through
innovation and cooperation.
1.9
SUGGESTIONS
Humanity’s space activities, and especially the establishment of a
sustainable space economy, depend
on developing and innovating, technologically and legally. This goes beyond the current state of play to briefly explore
possible future developments and innovations: the complex relationship between technological and legal change; the
role of space sector actors beyond
traditional stakeholders in designing and implementing innovations; and the
role of education and awareness in
developing a sustainable future for space activities, especially for new space actors.
1.9.1
Technological
Innovations and Legal Adaptations: How Emerging Technologies Could Shape
Future Legal Frameworks
The pace of
technical innovation is increasing – providing a mix of challenges and
opportunities for stable and durable legal frameworks designed to help achieve
sustainability. Promising technologies include on-orbit servicing; active
Pollution removal; space solar power; and in-situ resource utilization.
·
Legal flexibility for emerging technologies: Legal
frameworks should be nimble enough to enable these innovations, as operating in
the space domain introduces unique and sometimes unprecedented legal problems.
Repairing and refueling ageing satellites through on-orbit servicing operations
could extend their functional lifetimes and reduce the creation of Pollution,
but who is liable for collisions, accidents or SoS, what safety standards must
they adhere to, and how is ownership transferred? In the near future, new
frameworks could include provisions that address these novel rights and
obligations, similar to existing space laws that draw on equivalent maritime
laws.
·
Active Pollution removal also challenges our space law
understandings of ownership and liability. Possible legal adaptations include
creating a new class for Pollution deemed ‘abandoned’ for which removal is not
contingent on consent from the launching state or agreement with the launching
state, along with international agreements limiting liability for entities
performing such Pollution removal.
·
Enabling Space-Based Solar Power and In-Situ Resource
Utilization: similar legal frameworks would be needed for space-based solar
power activities and in-situ resource utilization. This may even lead to
constituting a regulatory body to oversee such activities.
1.9.2
The Role of the Private Sector:
Balancing Commercial Interests
with Sustainability
As the
private sector grows more influential, it is leading the way in finding new
uses for space, and making space more accessible than ever before. Yet this
commercialization is raising questions about whether the pressures of profit
will undermine environmental and safety standards.
·
Finding the Right Role for the Private
Sector: Develop legal frameworks that allow for the private
sector to play an equal role with governments but in a way that also preserves the sustainability of space. For example, licensing schemes might include
sustainability considerations
through the licensing requirements used to regulate private activity, for instance, by requiring that private
entities demonstrate that their activities will not negatively impact the space environment. Controlling costs to
license private industry that employs
advanced Pollution-mitigation technologies could also incentivize sustainability goals, allowing commercial interests and
sustainability objectives to support
each other.
1.9.3
Education
and Awareness: Promoting a Culture of Sustainability Among New Space Actors
Moreover,
we must ensure that whenever new players arrive in the space realm, as more and
more are doing today, they understand why it is critical to adopt sound
sustainability practices or good space conduct, be it through education at
school or, when more self-conscious, through well-directed awareness-raising
campaigns and space responsibility-driven initiatives.
·
Advancing a Culture of Sustainability: International
organisations, space agencies and academic institutions can serve as leaders in
building this important aspect of the international space basin. They should
develop curricula and resources that deal with legal, technical and ethical
implications of these activities. In addition, forums and conferences dedicated
to space sustainability can foster an open exchange of ideas and best practices
among stakeholders.
·
Public Outreach and Advocacy: Fostering public
involvement in discussing space sustainability can help to broaden the
demographic base of support for sustainable practices and policies. Advocacy
efforts that highlight the real-world benefits of sustainable space use (e.g.,
the continuity of satellite-based services) remind the public of the relevance
of these issues more broadly.
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Article Information
ENSURING SUSTAINABLE SPACE EXPLORATION AND MITIGATING SPACE POLLUTION
Authors: AMAN, DR. KHALEEQ AHMAD
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/21
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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