Lex Ad Astra: Non-State Actor Accountability for Space Pollution

Outer space has been considered the last untouched wilderness. However, humankind’s forays into space have rapidly increased in recent years and much of this growth comes from the space activities of non-State actors (‘NSAs’). The rise in human activity in space is resulting in a corresponding increase in debris and other forms of pollution of the outer space environment. Traditionally, conduct in space has been regulated at the State level, resulting in disparate approaches and gaps in accountability. As NSAs look to increase their space activities, the risks of unregulated launches and operations will grow, raising the question of how international law, the naturally applicable regulatory form to address common threats such as space pollution, will respond. This book explores the novel issue of regulating NSA space pollution under international law. It examines whether the Outer Space Treaty and other core space law instruments, as well as principles of international environmental law, international criminal law, international humanitarian law, international human rights law, and associated doctrinal sources, can be feasibly applied to control harm caused to the space environment by NSAs. In doing so, it identifies legal obstacles that will undermine the efficacy of applying these bodies of law. Building on that doctrinal analysis of existing international law, it proposes (and critically evaluates) three prospective approaches to the future application of international law to NSA space pollution. In parallel, the analysis examines the deeper implications of the seismic increase in NSA activity in the traditionally state-centric domain of space exploration and exploitation.