Setting the stage for a pollution free outer-space: where are we and where do we go?
- Paper number
IAC-11,E7,1,15,x10410
- Author
Mr. Ashutosh Gupta, National University of Juridical Sciences, India
- Coauthor
Mr. Jaimini Vyas, National University of Juridical Sciences, India
- Year
2011
- Abstract
Space law is in a stage of infancy and needs to adept to the new challenges thrown before it. Incidents like the Cosmos-Iridium 2009 collision, which resulted in a large amount of debris, present such challenges and none of the present Treaties or Conventions specifically deal with the problem of such and other types of space waste, damage and pollution. Damage caused by space debris only comes within the ambit of the Liability Convention if it directly affects a country, and not if it `merely damages’ the environment. Article 1 of the Liability Convention which defines damage does not deal with the environment. Article 4, the `Province of Mankind’, Article 11 the `Common Heritage of Mankind’ of the Moon Treaty \& Article 6 of the Outer Space Treaty, each may be construed to deal with space pollution and environment, but none explicitly deal with the same. Article 9 of the OST also does not prima facie appear to be satisfactory. A regulatory system must be enacted that provides substantial, certain and enforceable provisions to effectively deal with space trash and guide to further prevent it. The aim of this paper is to address: the need to create an acceptable, sustainable and enforceable legal regime that would practically deal with the {\it changing} challenges posed to the environment while at the same time, put the least curbs on research and progress of countries. How do we plan to manage nuclear waste, debris from satellites, and what if there is a usage of space weapons in the future? How are research facilities, colonies (including those by private players), etc. set up on the surfaces of space bodies to be managed? And even the baser questions like what is the meaning of space pollution, as also does something that does not affect any known living being constitute pollution, may be explored. Part II of the paper deals with the causes and potential causes of space pollution. Part III discusses relevant space Treaties and Conventions, and the need to gain a broader perspective, or bird’s eye view. Finally, Part IV analyses ideas and proposals for an international legal regime to govern space activities, providing some suggested changes in international space law, as also additions - such as providing for an international space agency/authority that among other things, may also deal with the question of space pollution.- Abstract document
- Manuscript document
(absent)