A MISSED CALL TO PROTECT THE ENVIRONMENT ABOVE THE EARTH

Introduction

Space has long been the final frontier and reserved for astronauts and scientists on ground-breaking missions of States. Space contains valuable resources. This provides a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement.[1] Many ‘general people’ are fascinated by the space but have no hope for going there...until now. Thus, over the past decades the commencement of private sectors, i.e. non-state actors, in space, has imposed new concerns about ensuring sustainability and security in outer space and has led the international community to pursue initiatives to improve the governance in outer space. As more and more companies around the world turn to space assets to improve existing ‘quality’ and to earn, the sustaining concerns increase tension among the community. Companies like Blue Origin[2] and Virgin Galactic[3] also have proved that space tourism without any involvement of State actor is not unreal and dream to travel to space without being an astronaut or scientist is possible. While the space activity is blooming state and non-state actors are gearing up to take up advantages of space exploration, space exploration has also posed a new challenge of environmental harm for the international community.

Space Curiosity as a threat

The environmental harm is not limited within Earth; each celestial body could be harmed and changed by human and non-human products that travel there. The use of outer space in the name of space exploration has become a serious threat to the environment. Spacecrafts damage the ozone layer by causing the formation of localized holes in the layer. A single rocket launch releases submicron radical particles, such as nitrogen oxide, into the atmosphere, which can globally reduce ozone levels.[4] Where a single such molecule “can destroy up to [approximately ten thousand] ozone molecules before being deactivated and transported out of the stratosphere.”  Currently, the moon alone is currently littered with nearly four hundred thousand pounds of man-made material, ranging from various types of spacecraft and research tools to boots and human waste.[5] Environment consequences are not only associated with mere a normal (successful) launch, but, occur with preparation of launch altogether. Extra hazardous damages also occur when any launch object fails to be launched in outer space, because of hazardous materials are used.[6] Space debris endangers both current and prospective space missions. NASA notes that most space debris can reach speeds ∼8,046.72 meter per second (almost 7 times faster than a bullet), fast enough for a relatively small piece of orbital debris to inflict severe damages on a spacecraft or satellite[7]

Urgency to restore the Environment

The protection of the natural environment of outer space is an important element in the Common Heritage of Mankind principle.[8] Initially, established space laws had different challenges but with the evolving technologies current laws are not sufficient to cater the needs and obligations of members. Because of space's strategic and political importance, the space powers were reluctant to let non-state players explore it. Maximum treaties regulating space activities were enacted in the cold war era and currently, they do not answer the expansion of exploration activity in space. The current international community is ill-equipped with laws and regulations to regulate the activities of the non-state actors and respond the problems of sustainability arise out of the intervention of the non-state actors. Governance issues regarding the use of space are faced by the States because of complex nature of space environment and because of legal status of space as ‘global resource’. Since private sector operator not only eclipses government operations but harms the economic strength of the State altogether. The Governments are struggling to find a balance between the space innovation and the need to ensure a sustainable and secure space environment.[9] 

Conclusion

It has been noted that, as technology advances, the involvement of ‘additional member’; private players, is increased and the challenges to multilateral approaches to space governance at its peak. Initially, established space laws had different challenges but with the evolving technologies current laws are not sufficient to cater the needs and obligations of members. Space exploration, relatively ‘a not new’ idea inevitably put pressure on Earth’s environment – there are several claims that space vehicles may one day become the world’s biggest source of carbon dioxide emissions. Legal regulation will be required to provide for new laws and regulations to answer the challenges posed by ‘new exploration’. Hence, with the continuous and gradual involvement of non-state players undertaking space activities international laws and regulations are in need to be changed.

[1] Rand Simberg , Rights in Space, The New Atlantis , Fall 2012, No. 37 (Fall 2012), pp. 20-31

[2] https://www.indiatoday.in/science/story/blue-origin-new-shepard-mission-launch-space-tourism-jeff-bezos-gary-lai-1932034-2022-03-31

[3] https://www.hindustantimes.com/lifestyle/travel/virgin-galactic-launches-first-flight-of-private-tourists-to-the-edge-of-space-101691726126304.html

[4] See Martin Ross, Darin Toohey, Manfred Peinemann & Patrick Ross, Limits on the Space Launch Market Related to Stratospheric Ozone Depletion, 7 ASTROPOLITICS 50, 51 (2009).

[5] https://www.theatlantic.com/technology/archive/2012/12/the-trash-weve-left-on-the-moon/266465/

[6] Draft Environmental Impact Statement for the Mars 2020 mission at 209

[7] Fawaz Harou, Toward the Sustainability of Outer Space: Addressing the Issue of Space Debris Fawaz Harou (2021)

[8] A.A. Cocca, Settlements and Environmental Protection in the Law of Outer Space, 44 Proceedings of the Colloquium on the Law of Outer Space 337 (2002).

[9] Theresa Hitchens, Forwarding Multilateral Space Governance: Next Steps for the International Community (2015)

By,

Pritika Barnwal,

III BA LLB

ILS LAW COLLEGE, PUNE