Lex Ad Astra

Non-State Actor Accountability for Space Pollution

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Outer space has long been considered the last untouched wilderness. However, non-State actors are increasingly active in space, heightening the risk of space pollution. Space law, designed during the Cold War, is State-centric and makes inadequate provision for non-State actors. In the face of this emerging threat, this book examines potential avenues of redress in space law, including the Outer Space Treaty, along with international environmental law, international criminal law, international humanitarian law, and international human rights law. It also reviews the national legislation adopted by space-faring States at the domestic level. In parallel, the book examines the deeper theoretical implications addressing non-State actor conduct under international law. Ultimately, it proposes a ground-breaking new international law instrument to hold non-State actors responsible for space pollution.
Copyright Year:
2025
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978-90-04-72462-4
Publication:
18 Mar 2025
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ISBN:
978-90-04-72461-7
Publication:
06 Mar 2025
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About MyBook
Matthew Gillett, Ph.D. (2018), Leiden University, is a Senior Lecturer (Associate Professor) of Law at Essex Law School and the United Nations Chair-Rapporteur of the Working Group on Arbitrary Detention. He has published extensively on international law, human rights, and environmental protection.

Katja Grünfeld is a Research Assistant and PhD Candidate at the Institute of Air Law, Space Law and Cyber Law at the University of Cologne, Group Leader of Working Group Space for the Institute/DLR Project Cologne Manual on the International Law of Space Traffic Management, Member of the Space Law Committee of the International Law Association, and Prospective Member of the International Institute of Space Law with multiple publications in the field of space law.

Iva Ramuš Cvetkovič is a Researcher and Assistant at the Institute of Criminology at the Faculty of Law Ljubljana, and a PhD scholar at the Faculty of Law, University of Ljubljana.
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
 4.1 Conventional Instruments

 4.2 Soft Law Instruments

 4.3 Conclusion on the State-Centric Formation of International Space Law


 5 The Limited Scholarly Attention Given to Regulating nsa Space Pollution
 5.1 Conceptual Underpinnings of the Increasing Recognition of nsa s as Subjects and Objects of International Law

 5.2 The Need for Scholarly Analysis of nsa Responsibility for Space Pollution


2 Gateway Considerations for the Application of International Law to Space Pollution
 1 The Quest to Discern a Prohibition of Space Pollution
 1.1 Does International Space Law Prohibit Space Pollution?

 1.2 Does International Environmental Law Prohibit Space Pollution?
 1.2.1 No-Harm Principle

 1.2.2 Precautionary Principle

 1.2.3 Principle of Sustainable Development

 1.2.4 Principle of Intergenerational Equity

 1.2.5 Principle of Common-but-Differentiated Responsibilities

 1.2.6 Polluter-Pays Principle

 1.2.7 The Principle of Permanent Sovereignty over Natural Resources

 1.2.8 Other Bases under International Environmental Law to Prohibit Space Pollution

 1.2.9 Conclusion on International Environmental Law


 1.3 The Relevance of the Human Right to a Clean, Healthy and Sustainable Environment


 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 nsa s: Key Provisions
 1.1 Article ix

 1.2 Article vi

 1.3 Article vii

 1.4 Article viii


 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 nsa s
 1.1 Profit-Driven nsa s

 1.2 Politically-Motivated Violent nsa s


 2 The Direct Application of International Law to nsa s regarding Space Pollution
 2.1 Space Law

 2.2 International Criminal Law

 2.3 International Humanitarian Law

 2.4 International Human Rights Law

 2.5 International Environmental Law

 2.6 Private International Law

 2.7 Conclusion on Alternative International Law Domains


 3 Operationalizing nsa Accountability for Space Pollution: Fora in Which to Proceed against nsa s under International Law
 3.1 International Courts and Institutions

 3.2 Domestic Courts Acting under Universal Jurisdiction

 3.3 Domestic Courts Acting under Extra-Territorial Jurisdiction


5 Domestic and Regional Practice: Legislation, Enforcement Frameworks, and Jurisprudence
 1 Oceanic States
 1.1 Australia

 1.2 New Zealand


 2 European States
 2.1 The European Space Agency
 2.1.1 The European Union

 2.1.2 France

 2.1.3 Germany

 2.1.4 Austria

 2.1.5 Slovenia

 2.1.6 Luxembourg

 2.1.7 Belgium

 2.1.8 Finland

 2.1.9 Denmark

 2.1.10 Italy

 2.1.11 The Netherlands

 2.1.12 Norway

 2.1.13 Portugal

 2.1.14 Sweden

 2.1.15 United Kingdom

 2.1.16 Greece


 3 North American States
 3.1 United States of America

 3.2 Canada


 4 Eastern European (Non-EU) and Central Eurasian States
 4.1 The Russian Federation

 4.2 Kazakhstan

 4.3 Ukraine

 4.4 Armenia


 5 South American States
 5.1 Brazil

 5.2 Costa Rica

 5.3 Peru


 6 Asian States
 6.1 Japan

 6.2 Republic of Korea

 6.3 China

 6.4 India

 6.5 Indonesia


 7 Middle Eastern States
 7.1 United Arab Emirates


 8 African States
 8.1 South Africa

 8.2 Kenya

 8.3 Nigeria


 9 Additional States with Regulatory Mechanisms Concerning Space Activities

 10 International Law Association Model Law for Domestic Systems

 11 Conclusions on Domestic and Regional Practice


6 Lex ferenda: Normative Options to Redress Future nsa Space Pollution
 1 Retrenchment

 2 Re-interpretation

 3 Reform

 4 Conclusions regarding Options to Redress the Gap in Space Law Regarding nsa s

 5 Insights from the Avenues for Redress regarding the Nature of International Law


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

Academics, practitioners of space law, institutes, libraries, students studying space law.
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Publisher:
Brill | Nijhoff
Language:
English
Pages:
xvi, 473 pp.
DOI:
https://doi.org/10.1163/9789004724624

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