Outer Space and Crisis Risk

2020 ◽  
pp. 265-286
Author(s):  
Laura Grego
Keyword(s):  
Outer Space ◽  
Physical Nature ◽  
Arms Race ◽  
Space Environment ◽  
Space Activities ◽  
Do So ◽  
Space Security

Space activities pose a particular risk of sparking or exacerbating terrestrial crises in ways that may be difficult to predict or manage. This is due both to the physical nature of operating in space and to space’s particular history. However, many initiatives to bolster space security do so within the framework of preventing an arms race or of preserving the space environment and so they miss some of the solutions. This chapter explores looking at space security through the lens of mitigating the risks that space activities may pose to crisis stability to identify which space activities and strategies are particularly dangerous and to prioritize unilateral and collective approaches to mitigating these problems.

scholarly journals International Legal Regulation of Military Outer Space Activities

2012 ◽  
pp. 190-197
Author(s):  
A. I. Antonov
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Legal Issues ◽  
Arms Race ◽  
International Level ◽  
Legal Basis ◽  
Legal Provisions ◽  
Space Activities

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space

Space Security Law

2018 ◽  
Author(s):  
P.J. Blount
Keyword(s):  
National Security ◽  
Space Exploration ◽  
Space Environment ◽  
International Peace ◽  
Security Issues ◽  
Ballistic Missiles ◽  
Laws And Policies ◽  
Space Activities ◽  
Intercontinental Ballistic Missiles ◽  
Space Security

The use and exploration of space by humans is historically implicated with international and national security. Space exploration itself was sparked, in part, by the race to develop intercontinental ballistic missiles (ICBM), and the strategic uses of space enable the global projection of force by major military powers. The recognition of space as a strategic domain spurred states to develop the initial laws and policies that govern space activities to reduce the likelihood of conflict. Space security, therefore, is a foundational concept to space law. Since the beginning of the Space Age, the concept of security has morphed into a multivariate term, and contemporary space security concerns more than just securing states from the dangers of ICBMs. The prevalence of space technologies across society means that security issues connected to the space domain touch on a range of legal regimes. Specifically, space security law involves components of international peace and security, national security, human security, and the security of the space environment itself.

Space Governance

2018 ◽  
Author(s):  
Rajeswari Pillai Rajagopalan
Keyword(s):  
Decision Making ◽  
Outer Space ◽  
Current Trend ◽  
Code Of Conduct ◽  
Space Environment ◽  
The Road ◽  
Responsible Behavior ◽  
Shifting Balance ◽  
The One ◽  
Space Activities

Outer space is once again facing renewed competition. Unlike in the earlier decades of space exploration when there were two or three spacefaring powers, by the turn of the 21st century, there are more than 60 players making the outer space environment crowded and congested. Space is no more a domain restricted to state players. Even though it is mostly a western phenomenon, the reality of commercial players as a major actor is creating new dynamics. The changing power transitions are making outer space contested and competitive. Meanwhile, safe and secure access to outer space is being challenged by a number of old and new threats including space debris, militarization of space, radio frequency interference, and potential arms race in space. While a few foundational treaties and legal instruments exist in order to regulate outer space activities, they have become far too expansive to be useful in restricting the current trend that could make outer space inaccessible in the longer term. The need for new rules of the road in the form of norms of responsible behavior, transparency and confidence building measures (TCBMs) such as a code of conduct, a group of governmental experts (GGE), and legal mechanisms, is absolutely essential to have safe, secure, and uninterrupted access to outer space. Current efforts to develop these measures have been fraught with challenges, ranging from agreement on identifying the problems to ideating possible solutions. This is a reflection of the shifting balance of power equations on the one hand, and the proliferation of technology to a large number of players on the other, which makes the decision-making process a lot problematic. In fact, it is the crisis in decision making and the lack of consensus among major space powers that is impeding the process of developing an effective outer space regime.

India’s Anti-Satellite Test: from the Perspective of International Space Law and the Law of Armed Conflict

2021 ◽  
pp. 1-25
Author(s):  
Shakeel Ahmad
Keyword(s):  
International Law ◽  
Outer Space ◽  
Arms Race ◽  
Space Environment ◽  
International Space ◽  
Law Of Armed Conflict ◽  
Space Law ◽  
Effective Role ◽  
Strategic Position

Abstract To enhance their strategic position, some spacefaring States are engaged in exploiting legal lacunae of international space treaties. Consequently, there is an increase of militarization of outer space. As an instance of such activities, an anti-satellite (asat) test by India represents a strategic move to enhance its deterrence capability rather than earnestly adhering to international space law. Such actions can potentially increase the element of uncertainty in international law, particularly the international space law. The pursuit of military strategic interests in space has increased the possibility of an arms race in space. This article argues that asat tests not only violate certain principles of international law but also undermine the efforts for arms control and disarmament in the outer space. In this regard, an effective role of the international community is required to curb the arms race imperative for a safe and sustainable outer space environment.

SPACE-CENTRIC CONCEPT TO ANSWER TOMORROW SPACE CHALLENGE: A SMALL STEP FOR FUTURE SPACE LAW

2021 ◽  
Vol 6 (2) ◽  
pp. 191-202
Author(s):  
Taufik Rachmat Nugraha
Keyword(s):  
Outer Space ◽  
Space Environment ◽  
Concept Space ◽  
Future Space ◽  
Space Programs ◽  
Space Law ◽  
Space Objects ◽  
Protection Area ◽  
Space Activities ◽  
Private Sector Involvement

Space activities have shown significant progress since they begin in the late '50s. Under current development, the U.S. with Artemis program and Luxembourg with its space mining program will enhance their outer space involvement. Most of those programs will elevate private sector involvement. Furthermore, the future space program will mainly intersect with the space environment as the primary consideration. It remains high-risk activities that could have catastrophic results if not regulated immediately. However, the current existing space law began obsolete because it was composed more than 50 years ago and too geocentric by putting the earth as the primary protection area. Consequently, existing space law could not govern future space programs properly, including protecting the space environment defense, Etc. Afterward, this paper will introduce the space-centric concept. Space-centric concepts create to answer future space challenges from legal perspectives. This concept emphasizes how future regulation and policy should cover all space objects equally, recalling outer space is vulnerable to such activities by humans, and how the best way to mitigate unforeseeable calamity on outer space.

Space Law Education and Capacity-Building

2021 ◽  
Author(s):  
David Kuan-Wei Chen
Keyword(s):  
Capacity Building ◽  
International Development ◽  
Outer Space ◽  
Deep Understanding ◽  
Space Environment ◽  
Space Technology ◽  
Space Applications ◽  
Space Law ◽  
Emerging Issues ◽  
Space Activities

Space activities can bring tremendous benefits to global development and humanity. For the safety, security, and long-term sustainability of outer space, activities and developments in the exploration and use of outer space must therefore be guided by the effective formulation, implementation, and enforcement of law and governance. Concerted and quality space law education and capacity-building efforts are necessary for the cultivation of competent professionals, scholars, and next-generation experts who are cognizant of the emerging issues and challenges posed by the proliferation of space activities and actors in the global commons of outer space. In order to fully grasp space law, it is important to possess a basic understanding of space technology, space applications, and the space environment in which the exploration and use of outer space take place. Not only should space law professionals and scholars be trained in law and have a deep understanding of especially public international law, but the approach to space law education and capacity-building must also be uniquely holistic and interdisciplinary. Hence, education and capacity-building can stimulate international development and cooperation in space activities and contribute to building expertise and capacity in countries with emerging space capabilities.

Legal Consequences of the Pollution of Outer Space with Space Debris

2017 ◽  
Author(s):  
Peter Stubbe
Keyword(s):  
International Law ◽  
Space Debris ◽  
Environmental Law ◽  
Outer Space ◽  
Planetary Science ◽  
Absorption Capacity ◽  
Space Environment ◽  
Forthcoming Article ◽  
Management Regime ◽  
Space Activities

This is an advance summary of a forthcoming article in the Oxford Encyclopedia of Planetary Science. Please check back later for the full article.Space debris has grown to be a significant problem for outer space activities. The remnants of human activities in space are very diverse; they can be tiny paint flakes, all sorts of fragments, or entirely intact—but otherwise nonfunctional spacecraft and rocket bodies. The amount of debris is increasing at a growing pace, thus raising the risk of collision with operational satellites. Due to the relative high velocities involved in on-orbit collisions, their consequences are severe; collisions lead to significant damage or the complete destruction of the affected spacecraft. Protective measures and collision avoidance have thus become a major concern for spacecraft operators. The pollution of space with debris must, however, not only be seen as an unfavorable circumstance that accompanies space activities and increases the costs and complexity of outer space activities. Beyond this rather technical perspective, the presence of man-made, nonfunctional objects in space represents a global environmental concern. Similar to the patterns of other environmental problems on Earth, debris generation appears to have surpassed the absorption capacity of the space environment. Studies indicate that the evolution of the space object environment has crossed the tipping point to a runaway situation in which an increasing number of collisions―mostly among debris―leads to an uncontrolled population growth. It is thus in the interest of all mankind to address the debris problem in order to preserve the space environment for future generations.International space law protects the space environment. Article IX of the Outer Space Treaty obligates States to avoid the harmful contamination of outer space. The provision corresponds to the obligation to protect the environment in areas beyond national jurisdiction under the customary “no harm” rule of general environmental law. These norms are applicable to space debris and establish the duty not to pollute outer space by limiting the generation of debris. They become all the more effective when the principles of sustainable development are taken into account, which infuse considerations of intra- as well as inter-generational justice into international law. In view of the growing debris pollution and its related detrimental effects, it is obvious that questions of liability and responsibility will become increasingly relevant. The Liability Convention offers a remedy for victims having suffered damage caused by space debris. The launching State liability that it establishes is even absolute for damage occurring on the surface of the Earth. The secondary rules of international responsibility law go beyond mere compensation: States can also be held accountable for the environmental pollution event itself, entailing a number of consequential obligations, among them―under certain circumstances―a duty to active debris removal. While international law is, therefore, generally effective in addressing the debris problem, growing use and growing risks necessitate the establishment of a comprehensive traffic management regime for outer space. It would strengthen the rule of law in outer space and ensure the sustainability of space utilization.

Situating real estate law for the new outer-space economy

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rebecca Leshinsky
Keyword(s):  
Real Estate ◽  
Early Stage ◽  
Outer Space ◽  
Space Environment ◽  
The Moon ◽  
Content Type ◽  
Human Needs ◽  
Goods And Services ◽  
Space Activities ◽  
Estate Law

Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice. Practical implications Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself. Originality/value The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.

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