Annette Froehlich - A Fresh View on the Outer Space Treaty
Here you can read online Annette Froehlich - A Fresh View on the Outer Space Treaty full text of the book (entire story) in english for free. Download pdf and epub, get meaning, cover and reviews about this ebook. year: 2018, publisher: Springer, genre: Politics. Description of the work, (preface) as well as reviews are available. Best literature library LitArk.com created for fans of good reading and offers a wide selection of genres:
Romance novel
Science fiction
Adventure
Detective
Science
History
Home and family
Prose
Art
Politics
Computer
Non-fiction
Religion
Business
Children
Humor
Choose a favorite category and find really read worthwhile books. Enjoy immersion in the world of imagination, feel the emotions of the characters or learn something new for yourself, make an fascinating discovery.
- Book:A Fresh View on the Outer Space Treaty
- Author:
- Publisher:Springer
- Genre:
- Year:2018
- Rating:4 / 5
- Favourites:Add to favourites
- Your mark:
A Fresh View on the Outer Space Treaty: summary, description and annotation
We offer to read an annotation, description, summary or preface (depends on what the author of the book "A Fresh View on the Outer Space Treaty" wrote himself). If you haven't found the necessary information about the book — write in the comments, we will try to find it.
On the occasion of the 50th anniversary of the Outer Space Treaty this book gives a first insight into where the next generation considers room for further improvement of the Outer Space Treaty in order to cope with upcoming aspects such as providing solutions for the emerging commercial, economic, environmental and social questions. At the time of the adoption of the Outer Space Treaty in 1967 the purpose of this treaty was to avoid conflicting military situations in space. However, 50 years later the Outer Space Treaty is in demand to meet the ever increasing space activities and the different actors involved such as the rise of the private sector players.
Annette Froehlich: author's other books
Who wrote A Fresh View on the Outer Space Treaty? Find out the surname, the name of the author of the book and a list of all author's works by series.
Annette Froehlich
Annette Froehlich
Robert Silverberg
Ken Jennings
Alicia Z. Klepeis
Miranda Paul
Kenneth Walsh
Annette Froehlich
Karl Grossman
A Fresh View on the Outer Space Treaty — read online for free the complete book (whole text) full work
Below is the text of the book, divided by pages. System saving the place of the last page read, allows you to conveniently read the book "A Fresh View on the Outer Space Treaty" online for free, without having to search again every time where you left off. Put a bookmark, and you can go to the page where you finished reading at any time.
Light
Font size:
↓
↑
Reset
Interval:
↓
↑
Bookmark:
Make
Springer International Publishing AG 2018
Annette Froehlich (ed.) A Fresh View on the Outer Space Treaty Studies in Space Policy1. Emergence of Environmental Protection Clauses in Outer Space Treaty: A Lesson from the Rio Principles
Gordon Chung 1
(1)
University of Cambridge, Cambridge, UK
Gordon Chung
Email:
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.
1.1 Introduction
Generally speaking, pollution refers to a modification on the environment through human agency by the introduction on undesirable elements or by the undesirable use of elements.
Throughout the current Outer Space Treaty (OST) regime, Article IX represents the most fundamental if not the only provision in space law for protection of the outer space environment and its preservation for peaceful uses. However, in light of the impotence and inherent vagueness of Article IX as well as the inevitable need for harmonisation of international environmental law and space law, this analysis argues for the incorporation of the environmental consultation clauses and the precautionary principle into the existing OST regime with reference to the 1992 Rio Declaration on Environment and Development (Rio Declaration) and with a view to fostering the sustainable development of space activities.
1.2 Current OST Regime: Continued Absence of Effective Environmental Protection Provisions
Notably, a close reading of the principles enshrined in Article IX reveals that they gear towards the protection of human beings rather than the attainment of environmental protection as an end in itself. Hence, to what extent can this flawed provision effectively address the increasing environmental concerns in outer space?
1.2.1 Harmful Contamination Clause: Limited Coverage
As a starting point, Article IX of the OST explicitly provides that States must avoid harmful contamination to the outer space environment.
Moreover, the expression harmful contamination does not provide an all-inclusive definition encompassing all forms of harm. In space law literature, harmful contamination is variously defined as the introduction of elements that make outer space unfit for use,
1.2.2 International Consultation Clause: Vague Threshold of Harm
Further, Article IX requires a State to undertake international consultations before proceeding with any space activity that it has reason to believe would cause potentially harmful interference.
First and foremost, an essential criterion of the applicability of the consultation clause is the occurrence of potentially harmful interference. Accordingly, it seems that adverse environmental effects do not strictly fall within the intended meaning of harmful interference unless they are capable of restricting the physical movement or interfering with the physical operations in outer space thus possibly amounting to physical interference. Yet, even if this is the case, it then prompts the question of whether, as long as the space activities of another State are interfered by the environmental effects inflicted by a State, however trivial they seem to be, the duty to consult under Article IX is triggered. Where and how can we draw the line? It appears that the language of potentially harmful interference does an ineffective job in indicating a proper threshold of harm.
The second question concerns the difficulty of establishing the relevant harm threshold under the OST, which gives no further guidance on this issue.
1.3 Transplantation of Rio Principles on Environmental Protection: Sustainable Development of Outer Space
Based on the foregoing analysis, it is reasonable to say that the existing OST regime fails to offer a comprehensive legal framework that safeguards the outer space environment and to establish more rigorous environmental standards governing the conduct of space activities.
1.3.1 Procedural Safeguard: Implementation of Environmental Consultation Clauses
The mutual obligations of States concerning information and notification in Principles 18 and 19 of the Rio Declaration, unlike the international consultation clause under Article IX, are procedural elements of sustainable development recognised in customary international law. Notably, these two principles can serve as the model provisions for space law scholars to construe more effective environmental consultation clauses in compensation for the inherent ambiguities associated with the existing consultation clause in the OST.
1.3.1.1 Prior Notification and Consultation
To begin with, Principle 19 of the Rio Declaration, in essence, serves as a preliminary procedural hurdle, by mandating that States must give prior and timely notification and relevant information to potentially affected States on activities that may have a significant adverse transboundary environmental effect and must consult with those States at an early stage in good faith. the ILC definition of transboundary appears to accommodate the impossibility of delimiting any space territory among nations and is thus applicable to the outer space.
As far as the extent of harm is concerned, although international law does not strictly define the gravity threshold that requires notification to take place,
Further, it is worth noting that Principle 19 constitutes a specific obligation of performance ( obligation de faire ) demanding a State to give prior and timely notification to the potentially affected States before carrying out its activities.
1.3.1.2 Post-disaster Notification
In complementary to Principle 19 of the Rio Declaration, Principle 18 further imposes a mandatory obligation to immediately notify other States of any natural disasters or other emergencies that are likely to produce sudden harmful effects on their environment.
As a starting point, Principle 18 is most saliently distinguished from Principle 19 by the nature of its triggering event. The existence of natural disasters or emergencies triggers the duty to notify under Principle 18. should be presumed to present an element of gravity and thus warrant notification. Applying the above analysis to hazardous space activities would clearly render the notification requirement an essential part of the OST regime in furtherance of international cooperation and the sustainable development of the outer space.
Light
Font size:
↓
↑
Reset
Interval:
↓
↑
Bookmark:
Make
Similar books «A Fresh View on the Outer Space Treaty»
Look at similar books to A Fresh View on the Outer Space Treaty. We have selected literature similar in name and meaning in the hope of providing readers with more options to find new, interesting, not yet read works.
Robert Silverberg
Ken Jennings
Alicia Z. Klepeis
Miranda Paul
Kenneth Walsh
Annette Froehlich
Karl Grossman
Reviews about «A Fresh View on the Outer Space Treaty»
Discussion, reviews of the book A Fresh View on the Outer Space Treaty and just readers' own opinions. Leave your comments, write what you think about the work, its meaning or the main characters. Specify what exactly you liked and what you didn't like, and why you think so.