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A Fresh View on the Outer Space TreatyEmergence of Environmental Protection Clauses in Outer Space Treaty: A Lesson from the Rio Principles

A Fresh View on the Outer Space Treaty: Emergence of Environmental Protection Clauses in Outer... [Today, the virtually unrestricted exploration and use of outer space gives birth to the increasingly severe problem of extra-terrestrial pollution that merits special attention. Under the present Outer Space Treaty (OST) regime, while Article IX calls for the avoidance of harmful contamination in space and the need for international consultations, it is ineffective as an environmental protection provision, primarily due to the absence of more rigorous environmental standards governing space activities and the inherent uncertainties associated with its applicability. Notably, for reformatory purpose, the 1992 Rio Declaration on Environment and Development has significant referential value for formulating environmental regulations in space law as it embodies various fundamental principles of environmental law and represents the first international document of ‘constitutional dimension’ to read those environmental principles through the lens of sustainable development. Accordingly, to facilitate the sustainable, progressive development of the outer space, this article proposes that the existing OST regime should be reformed along two major lines: (1) the incorporation of the ‘environmental consultation’ clauses under Principles 18 and 19 of the Rio Declaration into the Treaty and (2) the application of the precautionary principle enshrined in Principle 15 of the Rio Declaration to the outer space context.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Fresh View on the Outer Space TreatyEmergence of Environmental Protection Clauses in Outer Space Treaty: A Lesson from the Rio Principles

Part of the Studies in Space Policy Book Series (volume 13)
Editors: Froehlich, Annette
Chung, Gordon
Springer Journals — Dec 22, 2017
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12 pages

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Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG 2018
ISBN
978-3-319-70433-3
Pages
1 –13
DOI
10.1007/978-3-319-70434-0_1
Publisher site
See Chapter on Publisher Site

Abstract

[Today, the virtually unrestricted exploration and use of outer space gives birth to the increasingly severe problem of extra-terrestrial pollution that merits special attention. Under the present Outer Space Treaty (OST) regime, while Article IX calls for the avoidance of harmful contamination in space and the need for international consultations, it is ineffective as an environmental protection provision, primarily due to the absence of more rigorous environmental standards governing space activities and the inherent uncertainties associated with its applicability. Notably, for reformatory purpose, the 1992 Rio Declaration on Environment and Development has significant referential value for formulating environmental regulations in space law as it embodies various fundamental principles of environmental law and represents the first international document of ‘constitutional dimension’ to read those environmental principles through the lens of sustainable development. Accordingly, to facilitate the sustainable, progressive development of the outer space, this article proposes that the existing OST regime should be reformed along two major lines: (1) the incorporation of the ‘environmental consultation’ clauses under Principles 18 and 19 of the Rio Declaration into the Treaty and (2) the application of the precautionary principle enshrined in Principle 15 of the Rio Declaration to the outer space context.]

Published: Dec 22, 2017

Keywords: Outer Space Treaty (OST); Harmful Contamination; Precautionary Principle; Space Activities; Consultation Clause

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