The Safe Operating Space Treaty


Book Description

It is clear that international law is not yet equipped to handle the “ecological goods and services” that exist simultaneously within and outside of all states. The global commons have always been understood as geographical spaces that exist only outside the political borders of states. A vital good such as a stable climate exists both within and outside all states, and shows traditional legal approaches to be ecological nonsense. With the recent possibility of measuring and monitoring the state and functioning of the Earth System through the Planetary Boundaries framework, it is now possible to define a “Safe Operating Space of Humankind” corresponding to a biogeophysical state of Earth. In this sense, the Common Home of Humanity is not a planet with 510 million square kilometres, but is a specific favourable state of the Earth System. Recent major scientific advances anticipate a legal paradigm shift that could overcome the disconnection between ecological realities and existing legal frameworks. If we recognize this qualitative and non-geographic space as a Common Natural Intangible Heritage of Humankind, all positive and negative “externalities” end up being included within a new maintenance system of the Common Home.




State Accountability for Space Debris


Book Description

In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.




Earth System Law: Standing on the Precipice of the Anthropocene


Book Description

This book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology.




United Nations Treaties and Principles on Outer Space


Book Description

This publication sets out the text of the five UN treaties so far adopted governing the activities of countries in the exploration and use of outer space, as well as the five Principles adopted by the UN General Assembly.




Blue Planet Law


Book Description

Blue Planet Law is the global and future-oriented environmental law that is necessary to face the global environmental crisis in the Anthropocene, assuming especially the link between climate action (SDG 13) and ocean sustainability (SDG 14). This open access book focuses on means of overcoming global environmental problems such as climate change, ocean degradation and biodiversity loss and the consequent risks for human life, health, food and wellbeing. It explores how environmental law, at the international, European and national levels, might set economic and technological development on a more sustainable path. Law must engage in dialogue with other areas such as philosophy, economics, ecology, and biology. This book highlights protection of the climate and the oceans and sustainable use of natural resources, through new policies, economies and technologies, including biotechnology, with a view to the preservation of life, health, food and a healthy environment for the present and future generations. The book may be seen as a contribution to the UN Sustainable Development Goals 13 and 14 and a tribute to the Declaration of the United Nations Conference on the Human Environment, also known as the Stockholm Conference (1972), on its 50th Anniversary.




Space Safety Regulations and Standards


Book Description

When international rules and regulations governing space travel were first being developed, only a few countries had any space presence and commercial space activity was non-existent. Today, over 50 countries have on-orbit satellites and commercial space presence is essential to commercial telecommunications and broadcasting, yet international space law remains in its infancy.Space Safety Regulations and Standards is the definitive book on regulatory initiatives involving space safety, new space safety standards, and safety related to new space technologies under development. More than 30 world experts come together in this book to share their detailed knowledge of regulatory and standard making processes in the area, combining otherwise disparate information into one essential reference and providing case studies to illustrate applications throughout space programs internationally. They address the international regulatory framework that relates to traditional space safety programs as well as the emerging regulatory framework that relates to commercial space programs, space tourism, and efforts to create commercial space station facilities. Fully endorsed by the International Association for the Advancement of Space Safety (IAASS) and provides the only definitive reference on regulations and standards for the field of space safety Combines the technical, legal and regulatory information in a clear and integrated reference work suitable for technical professionals, regulators, legal experts, and students in the field Presents a truly global insight from experienced space safety experts worldwide, with representatives from the leading associations, institutions and companies operating in the arena today




Handbook for New Actors in Space


Book Description

The Secure World Foundation developed the Handbook for New Actors in Space, which is intended to provide nations, established satellite operators, start-up companies, universities, and other space actors with a broad overview of the fundamental principles, laws, norms, and best practices for peaceful, safe, and responsible activities in space.




War in Space


Book Description

Applying strategic theory to outer space and drawing out the implications for international relationsOffers a definitive and original vision of space warfare that theorises often-overlooked aspects of contemporary space activities based in the discipline of Strategic Studies. This original research draws out the implications of spacepower for wider debate in grand strategy and IR.Applies the theory in a topical and contentious area within contemporary grand strategy - anti-access and area-denial warfare in the Taiwan Strait between China and America.Key principles are summarised in seven propositions to make the key take-aways of theory applicable and memorable for researchers and practitioners.This book presents a theory of spacepower and considers the implications of space technology on strategy and international relations. The spectre of space warfare stalks the major powers as outer space increasingly defines geopolitical and military competition. As satellites have become essential for modern warfare, strategists are asking whether the next major war will begin or be decided in outer space. Only strategic theory can explore the decisiveness and effects of war in space upon `grand strategy' and international relations. The author applies the wisdom of military strategy to outer space, and presents a compelling new vision of Earth orbit as a coastline, rather than an open ocean or an extension of airspace as many have assumed. Rooted in the classical military works of Clausewitz, Mahan, and Castex to name a few, this book presents comprehensive principles for strategic thought about space that explain the pervasive and inescapable influence of spacepower on strategy and the changing military balance of the 21st century.




The Exploitation of Natural Resources of the Moon and Other Celestial Bodies


Book Description

The exploitation of natural resources of the moon and other celestial bodies represents one of the most fascinating developments in the fields of space law and space related activities. The mining and use of extraterrestrial mineral resources may not only contribute to the betterment of conditions of people on earth but may also enable the realization of projects such as those envisaging a permanent human presence on the surface of the moon and other celestial bodies. The exploitation of lunar and other celestial bodies’ resources, however, requires an appropriate legal framework for it to develop in an orderly and peaceful manner, taking into consideration also such broader public concerns as regards security, safety and the environment. The current legal regime regulating activities in outer space lacks the required specific rules to govern the extraction and use of natural resources of the moon and other celestial bodies once being removed from their original location. This book tries to fill this gap by proposing a legal regime aimed at regulating the mining and exploitation of extraterrestrial natural resources for commercial purposes.




Research Handbook on Fundamental Concepts of Environmental Law


Book Description

The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation.