Lex Ad Astra: Non-State Actor Accountability for Space Pollution

Edited by Matthew Gillett · Katja Grunfeld · Iva Ramuš Cvetkovič
Brill Nijhoff March 2025

Specifications

ISBN-13
9789004724617
Publisher
Brill Nijhoff
Publication
March 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Outer space has long been considered the last untouched wilderness. Though space law was formed during the State-centric Cold War. However, as non-State actors increasingly infiltrate space, the risks of space pollution is growing. This book examines space law, including the Outer Space Treaty, along with international environmental law, international criminal law, international humanitarian law, international human rights law. It evaluates three prospective approaches to space law concerning non-State actor pollution and surveys States’ domestic approaches. In parallel, the book examines the deeper implications of the seismic increase in NSA activity in the traditionally State-centric domain of space exploration and exploitation.

Table of Contents

Preface
Acknowledgements
Notes on Authors

1. Introduction: Regulating Space Pollution by Non-state Actors ( nsa  s) under International Law
 1. Setting the Parameters for the Study of NSA Accountability
 2. Defining the Key Terms
 3. The Escalating Threat of NSA Space Pollution
 4. Space Law Has Been Designed State-entrically
 5 The Limited Scholarly Attention Given to Regulating NSA Space Pollution
2. Gateway Considerations for the Application of International Law to Space Pollution
 1. The Quest to Discern a Prohibition of Space Pollution
 2. Conclusion regarding a Prohibition of Space Pollution
3. The Classical Approach: Regulating  NSA Space Pollution via State Responsibility
 1. The Outer Space Treaty and NSAs: Key Provisions
 2 Problems Arising from the Exclusive Focus on States to Ensure NSA Accountability
4. The New Horizon: Direct  NSA Accountability under International Law for Space Pollution
 1. Two Case Studies Exemplifying the New Threat Emanating from NSAs
 2. The Direct Application of International Law to NSAs regarding Space Pollution
 3. Operationalizing nsa Accountability for Space Pollution: Fora in Which to Proceed against NSAs under International Law
5. Domestic and Regional Practice: Legislation, Enforcement Frameworks, and Jurisprudence
 1. Oceanic States
2. European States
 3. North American States
 4. Eastern European (Non-EU) and Central Eurasian States
 5. South American States
 6. Asian States
 7. Middle Eastern States
 8. African States
6. Lex ferenda: Normative Options to Redress Future NSA Space Pollution
7. Overall Conclusions: An Emerging Threat that Tests the Underpinnings of International Law

Annex: Proposed New Protocol to the Outer Space Treaty of 1967 Addressing NSA Responsibility for Space Pollution
Bibliography
Index
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