Cosmos and Climate: the Exploration and Assessment of International Law’s Role within World Space Week 2024

Introduction to World Space Week

October – a month popular for spooky celebrations of pagan and secular traditions. What is lesser known to people is that the month is equally dedicated to celebrate the realm that stretches beyond earth’s atmosphere; an annual observance of the yonder that lies outside the Kármán Line.^[1] In particular, space exploration is commemorated during World Space Week, in which the achievements and benefits it brings to humanity is recognised throughout the 4th – 10th of every October.

This week-long celebration was declared in December 1999 through the United Nations General Assembly Resolution 54/68. It is an event grounded by two significant historical milestones; the dawn of the space age as marked by the launch of the Sputnik 1 – the first artificial satellite – on 4 October 1957 and the entry into force of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (OST) on 10 October 10 1967, which outlines the foundational legal principles for the exploration and use of outer space.^[2] Hence, as we celebrate World Space Week, this article aims to deliberate upon the legal issues and changes pertaining to space exploration, while considering  the international community’s increasing involvement in this regard. 

A Closer Look into World Space Week 2024: Space & Climate Change

Space and climate change intertwines in ways that reflect the complex interplay between Earth’s climate system and space-based observations as well as outer space phenomena. Reflective of this, the 2015 Paris Agreement embodies a global consensus on the necessity for unified action to address climate change – an effective and progressive response to this urgent threat, with the equipment of the best available scientific knowledge.^[3] This includes the central objective stated in Article 2 of the Paris Agreement, which denotes that all states shall cooperate in limiting the global average temperature to well below 2 °C above pre-industrial levels. Furthermore, states are required to pursue efforts in limiting the temperature increase to 1.5 °C above pre-industrial levels.^[4] In this context, pre-industrial levels are the baseline of global atmospheric conditions measured before the industrial revolution, specifically between 1850-1900.^[5]

In this day and age, space-based technology can contribute significantly in the realisation of such an objective. This is confirmed through the United Nations Conference on the Exploration and Peaceful Uses of Outer Space, announcing that space agencies have indeed initiated programs specifically aimed at monitoring and tracking climate change. Today, a range of satellites are engineered to provide comprehensive data on atmospheric chemistry, vegetation cover, and ocean dynamics with the means of facilitating accurate assessments of climate change; such information is imperative and undoubtedly beneficial for governmental decision-makers to mitigate climate change, especially those bound to the obligations within the Paris Agreement. Moreover, space observation technologies –  including satellites – assist in providing critical data on greenhouse gas emissions. This function assists states in tracking their progress, with the ultimate goal of  reaching the emission reduction targets regulated within the Paris Agreement.^[6]

The theme of ‘Space and Climate Change’ decorates this year’s World Space Week celebration. Thus, the following sections of this article seek to explore the various legal issues within the scope of this theme.

State Responsibility in Space Analysed from the OST and the Liability Convention

State responsibility in space encompasses the obligations and accountability of states for their activities in space and it is primarily regulated within the OST. Specifically, Article VI of the OST provides that state parties shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, regardless if those activities are executed by governmental agencies or by non-governmental entities. The development and launch of satellites, the execution of interplanetary and exoplanetary research, and the exploration of deep space are among the concepts of national activities conducted in space. The provision further requires that should those activities be conducted by non-governmental entities, then the appropriate state party shall grant authorisation and implement continuous supervision upon such a venture. Most importantly, state parties shall ensure that these national activities are managed in conformity with the provisions set forth in the OST.^[7]  

The rights and obligation pertaining to the liability of states for damage caused by space objects is affirmed in the subsequent Article VII. Along with this provision, the Convention on International Liability for Damage Caused by Space Objects (Liability Convention) was established as a comprehensive elaboration of this aspect. Article II of the Liability Convention specifically regulates that a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft flight. However, the compliance of the provisions regulating liability brings doubts to the efficacy of such international legal instruments. To illustrate, the destruction of a ballistic missile during China’s Anti Satellite Test (ASAT) in January 2007 generated a cloud of more than 3,000 trackable pieces of space debris. China has not been held accountable through any formal sanctions for the destruction of the missile, despite being legally bound to provisions of liability under the OST as well as those within the Liability Convention. Even now, the space debris caused by such destruction are still lingering in orbit. Thus, the lack of enforcement in this regard will only serve to diminish the responsibility of states in space.

Space Debris and Its Impact on Climate Monitoring: The Need for an Evolved Legal Framework 

The UN Committee on the Peaceful Uses of Outer Space (UN COPUOS) describes space debris as “all man-made objects, including their fragments and parts, whether their owners can be identified or not, in Earth orbit or reentering the dense layers of the atmosphere that are nonfunctional with no reasonable expectation of their being able to assume or resume their intended functions or any other functions for which they are or can be authorised”. 

Space debris has proven itself to become one of the most pressing issues in space exploration; its proliferation has reached a critical point where it undermines the sustainability of space activities. Minor fragments travelling at high velocities are equally potent in causing catastrophic damage upon impact.^[8] In the context of tackling climate change, a primary concern is the Kessler syndrome. This refers to a situation where the concentration of orbital debris reaches a critical threshold, triggering a cascade of collisions that ultimately worsen the problem of space debris. This could lead to the destruction of satellites that are essential for monitoring climate patterns and tracking environmental changes, thereby impeding international efforts to address climate change.^[9] Article II of the Liability Convention indeed imposes responsibility upon states for damages caused by their space objects, yet a significant issue that underlies this convention is the lack of provisions that address space debris removal in detail.^[10] 

To address the growing problem of space debris, the United Nations Office for Outer Space Affairs has conducted The Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space. This guideline outlines rules regarding the mission planning, design, manufacture and operational (launch, mission and disposal) phases of spacecraft and launch vehicle orbital stages.

Mitigating Space Debris as a Means of Monitoring Climate Change

An effort has certainly been initiated to resolve the issue of space debris. This is highlighted by the establishment of Active Debris Removal (ADR), a technical approach commenced by the European Space Agency (ESA), with support from various international space agencies as well as private companies such as NASA, Japan’s JAXA, and Roscosmos. This renders ADR as a first step in the mitigation of space debris and the protection of satellites, especially those crucial for climate monitoring. To capture and remove large debris from orbit, ADR accomplishes this by concentrating on the development of technology. The overall process of ADR aligns with international space law – particularly the OST, as this legal instrument promotes the sustainable use of space for current and future activities.

However, Article III of the OST regulates that state consent is required subsequent to the commencement of debris removal – this complicates efforts for international cooperation on addressing space debris. Thus, the development of multilateral agreements through UN COPUOS is essential to ensure that ADR operations are coordinated while simultaneously respecting the rights of sovereign states.^[11] In addition to ADR, data sharing agreements between space faring states must be strengthened to improve the tracking and monitoring of space debris – a global and transparent database that allows states to share the tracking of satellites and debris in real time is essential for effective debris management.^[12]

On Space Exploration: Calculating its Benefits and Disadvantages

Space exploration encompasses a variety of activities, such as gathering data and the extraction of resources from celestial bodies. Resources like water and minerals from these bodies are essential for supporting future space activities, as they can be utilised for generating oxygen, producing rocket fuel, and supporting construction efforts. Beneficially, this extraction of space resources will eventually reduce reliance on Earth’s resources. Moreover, the gathering of resources from space contributes to the sustainability of space missions.^[13] Space resources have proven to become increasingly beneficial in the global effort of tracking and managing climate change. For instance, space exploration – conducted through satellites – contributes in providing essential data for monitoring climate factors, such as carbon emissions and global temperature changes. Ultimately, this establishes space exploration as a vital tool in environmental management.

Alas, there exists significant discourse revolving around space exploration. The extraction and utilisation of space resources have raised concerns on its environmental impacts that could potentially affect our own planet in a negative light. Space mining processes as a form of space exploration could likely contribute to emissions on Earth due to the significant energy required to support this activity. On the other hand, space debris caused by such space exploration could disrupt future missions.

Provisions within the OST do address these issues to some degree; Article VI obliges states to authorise and supervise the activities of private entities operating in outer space. However, the absence of clear and explicit regulations on space resource extraction complicates efforts to manage environmental risks. As is acknowledged, the principle of the common heritage of mankind is implied in the OST and explicitly regulated under the Moon Agreement. This principle establishes that outer space is a domain that lies beyond the concept of state sovereignty, or in other words, that space belongs to all of humanity and should be used for the benefit of all nations. It encourages international cooperation, ensuring that space exploration and the use of space resources are conducted equitably. Without any defined rules regulating this aspect, states and private entities may engage in resource extraction in ways that contribute to increased space debris and emissions. These concerns highlight the need for proper oversight to ensure that space exploration is conducted responsibly and sustainably.

Legal Uncertainty and Conflicting Domestic Laws of Space Resource Extraction

The OST does not specifically nor explicitly address the issue of resource extraction by governments or private entities.^[14] This obscurity has led to various interpretations and national regulations that may impede the objectives of the OST, which requires the necessity of cooperation in the exploration of outer space. States have developed their own domestic legislation for private space activities, resulting in inconsistencies of domestic laws and potential complications in the management of space. For instance, in 2015, the United States enacted the Commercial Space Launch Competitiveness Act. This law permits Americans (including non-governmental entities) to acquire, possess, transport, utilise, and commercialise resources extracted from asteroids and other celestial bodies in outer space.^[15] Similarly, Luxembourg enacted a law on the scope of space resources, specifically allowing private companies to engage in space mining activities.^[16] These domestic laws have raised concerns that states might engage in intense competition for space resources, leading to conflicts and enabling a few powerful entities to dominate these resources; this potentially compromises the states’ collective effort to combat climate change.

Such divergence is not aligned with the goals of the Paris Agreement, which emphasises cooperation, equity, and sustainable development. In particular, the treaty aims to ensure that all states – especially those that are vulnerable – have equitable access to resources and benefits related to climate change mitigation. Nevertheless, states have yet to reach a consensus on the governance and utilisation of resources in space. The 1979 Moon Agreement intended to tackle this issue by asserting that the Moon and its resources belong to all of mankind, and that any benefits from the utilisation of those resources must be shared fairly, while ensuring that access is solely for the purpose of space exploration and not for national jurisdiction or ownership. However, its effectiveness is considerably diminished by the fact that only 18 states have ratified the treaty – none of which are major spacefaring nations.^[17] Thus, the utilisation of space resources remains a conundrum, and this matter has raised concerns surrounding the notion of  competition and the concentration of space resources in the hands of a few.

Conclusion 

The governance of private space activities require a comprehensive and coherent legal framework. The OST provides foundational principles, but its limitations regarding resource extraction and state responsibility necessitate an evolved approach. Moreover, the urgent issue of space debris threatens the importance and sustainability of space operations, including those of climate monitoring satellites. The need for proactive measures, such as Active Debris Removal (ADR), underscores the importance of international cooperation and states’ adherence to existing  guidelines. Therefore, World Space Week 2024 serves as an important commemoration to promote efforts by the international plane for a pivotal matter with the fitting theme of ‘Space and Climate Change’.