Environmental Protection In Outer Space: Towards A Legal Framework For Sustainable Space Use
- IJLLR Journal
- May 12
- 2 min read
Mrs. Harshada Rajput, VES College of Law, Chembur, Mumbai.
ABSTRACT
As space is rapidly becoming a site of exploration and commercial activity, questions regarding the environmental sustainability of outer space have assumed legal and policy significance, as a growing number of satellites, mega-constellations, and exploratory missions are launched. The risks posed by space debris, orbital congestion, and long-term degradation of the near- Earth environment continue to compound. International space law remains inadequate, however, in effectively managing such risks. Thus, the 1967 Outer Space Treaty, which is indeed the pillar of space law, encompasses broad principles regarding the peaceful use of outer space with no binding regulation on protecting the environment. Other instruments, such as the Liability Convention or the Moon Agreement, also fail to provide enforceable environmental guarantees.
This paper interrogates the faults with the current legal framework and underlines the importance of urgency for an all-encompassing international legal regime on sustainable use of space. It further discusses important advocates such as mandatory environmental impact assessments of space missions, enforceable measures against debris generation, and constituting an international central authority for compliance monitoring and enforcement. The case studies made use of were on satellite mega- constellations and overhanging events generating past debris.
By drawing on principles of international environmental law and the emerging consensus in the global space community, the paper advocates for the elaboration of a binding environmental regime, possibly through a new multilateral treaty or by amending existing instruments. This type of regime should be in place to ensure that the benefits of outer space will be accessible and safe for the future of generations.
Keywords: Space law, environmental protection, space debris, sustainable space use, Outer Space Treaty